I’ve been frantically trying to figure this all out this weekend . . . what do the new laws really mean, what are the arguments that tenants and landlords should make while going to small claims court, but I didn’t even think of this one since I’m focused on residential . . . check this out!
From an attorney doing this longer than I.
I know that no one has the stomach for this, but you can write the governor to request that he veto the bill – for one reason. When the Senate amended the bill to take out the effect on commercial tenancies, they did so for only one section – the one dealing with prohibited lease provisions, of which the one on attorney fees is particularly important to commercial transactions. What the amendment did not do (and I don’t know why) is to amend all the other sections to provide that they apply only to residential tenancies. So, the provisions relating to property left behind, security deposits, severable lease provisions, and the fact that any violation of Chapter 704 may be an unfair trade practice – all apply to commercial leases. Most of these are problems from small business who are lessees. But the one relating to any violation of Chapter 704 being an unfair trade practice, I think, makes commercial leases subject to regulation by DATCP, in the same way that residential tenancies first became subject to regulation by DATCP because violations of Chapter 704 were made subject to DATCP as they affected residential tenancies.
Hmmmm . . . this might be our chance to get the governor to veto this. Or, it might give commercial tenants all kinds of new protections. Interesting.
If you feel inclined to contact the governor, you can do so here or call 266-1212. Ask him to veto this bill because in addition to this, there are conflicting clauses and the bill is quite unclear as to its meaning. And, 32% of people in Wisconsin are still renters!
