WisconsinTenants could remove listed terms from residential rental agreements
The proposal would let tenants void a lease or remove a listed term, while keeping responsibility for rent and other charges if they void it.
What it does
Tenants could choose to void a residential rental agreement or remove a prohibited term. If they remove a term, the rest of the agreement stays in effect.
A tenant could challenge a term whose express wording specifically allows certain actions, such as eviction outside court or a landlord avoiding responsibility for negligent harm.
People with direct financial losses caused by a listed lease term could sue for twice their loss, plus costs and reasonable attorney fees.
Chapters 421 to 427 of the Wisconsin Consumer Act would not apply to residential rental agreements governed by the cited housing laws.
Argument forTenants could remove a prohibited lease term and keep the rest of the agreement, which may help them avoid a term they cannot accept.
Argument againstTenants who void an agreement could still owe rent, utilities, parking, and other charges, which may make that choice hard to afford.
More detail
A tenant could choose to void a residential rental agreement or remove a prohibited term by giving notice to the landlord. This applies to a residential rental agreement that includes a provision listed in the text. If the tenant voids the agreement, the tenancy becomes periodic, and the tenant remains responsible for rent, utilities, parking, and other charges under the original terms, except for prohibited terms. If the tenant removes a prohibited term, the rest of the agreement remains in effect. The choice takes effect when the tenant gives notice to the landlord in the manner specified by law.
A tenant could void an agreement or remove a term if its express wording specifically authorizes or requires listed conduct. The list covers terms in residential rental agreements. The listed terms include allowing eviction outside court, speeding up rent payments after a breach, requiring tenants to pay a landlord's legal fees, or waiving the landlord's duties to provide and maintain a livable home. Other listed terms concern contacting safety or health services, a landlord avoiding responsibility for negligent harm, tenant liability, and ending a tenancy for certain crimes.
A person with direct financial loss caused by a listed lease term could sue for twice the loss, plus costs and reasonable attorney fees. This applies to a person who suffers direct financial loss because a residential rental agreement includes a listed provision. Rent, parking, and utility payments are presumed to pay for use of the home and utilities, but evidence can overcome that presumption. A person seeking recovery for this loss is limited to the remedies in this section.
The Wisconsin Consumer Act chapters listed in the text would not apply to certain residential rental agreements. The exclusion covers residential rental agreements governed under section 710.15 or chapter 704.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 13Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82Latest
- May 12Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)
- Mar 27Report vetoed by the Governor Tony Evers on 3-27-2026Major
- Mar 26Presented to the Governor on 3-26-2026To Governor
- Feb 24Report correctly enrolled on 2-24-2026Minor
- Feb 24LRB correction (Assembly Substitute Amendment 1)
- Feb 18Received from Senate concurred inMinor
- Vote recorded Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2. Result: pass.Upper
- Feb 18Ordered immediately messaged
- Feb 18Read a third time and concurred inPassed Senate
- Feb 18Rules suspended to give bill its third reading
- Feb 18Ordered to a third readingMinor
- Feb 18Read a second timeMinor
- Feb 18Rules suspended and taken up
- Feb 18Placed on calendar 2-18-2026 pursuant to Senate Rule 18(1)
- Feb 18Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2
- Feb 18Read first time and referred to committee on Senate OrganizationMinor
- Feb 18Received from AssemblyMinor
- Feb 17Ordered immediately messaged
- Feb 17Read a third time and passedPassed Assembly
- Feb 17Rules suspended
- Feb 17Ordered to a third readingMinor
- Feb 17Assembly Substitute Amendment 1 adoptedMajor
- Feb 17Assembly Amendment 1 to Assembly Substitute Amendment 1 adoptedMajor
- Feb 17Read a second timeMinor
- Feb 17Fiscal estimate receivedMinor
- Feb 17Fiscal estimate receivedMinor
- Feb 16Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representative KrugMinor
- Feb 13Withdrawn from Committee on Rules and referred to calendar of 2-17-2026Minor
- Feb 5Referred to committee on RulesMinor
- Vote recorded Report Assembly Substitute Amendment 1 adoption recommended by Committee on Housing and Real Estate, Ayes 11, Noes 4. Result: pass.Lower
- Vote recorded Report passage as amended recommended by Committee on Housing and Real Estate, Ayes 11, Noes 4. Result: pass.Lower
- Feb 5Report passage as amended recommended by Committee on Housing and Real Estate, Ayes 11, Noes 4Minor
- Feb 5Report Assembly Substitute Amendment 1 adoption recommended by Committee on Housing and Real Estate, Ayes 11, Noes 4Minor
- Feb 5Executive action taken
- Feb 3Assembly Substitute Amendment 1 offered by Representative KrugMinor
- 2025
- May 15Public hearing held
- Apr 22Representative Wichgers added as a coauthor
- Apr 17Read first time and referred to Committee on Housing and Real EstateMinor
- Apr 17Introduced by Representatives Krug, Brooks, Allen, Armstrong, Franklin, Goeben, B. Jacobson, Kaufert, Kitchens, Moses, Murphy, O'Connor, Ortiz-Velez, Sortwell, Spiros, Tusler, Wittke, Behnke and Snyder; cosponsored by Senators Feyen, Jacque, Jagler, Nass, Quinn, Stafsholt and WanggaardIntroduced
HousingConsumer Protection