Assembly Bill 1135 seeks to repeal the existing statute 799.40 (1s), which currently prohibits the use of waiver as a defense in small claims eviction actions. Under the current law, landlords and tenants cannot argue that a previous acceptance of late rent payments or established customs between them negates the right to enforce strict adherence to the rental agreement.

By eliminating this prohibition, the bill allows landlords and tenants to use the defense of waiver in eviction cases, potentially changing the dynamics of how rental agreements are enforced in Wisconsin. This legislative change could provide more flexibility for both parties in eviction proceedings, acknowledging that past behaviors may influence current obligations under rental agreements.

Statutes affected:
Bill Text: 799.40(1s), 799.40