New Law Allows Eviction of Tenants that Commit Crimes

In March 2016, Wisconsin passed a new law allowing landlords to terminate tenants’ leases that commit certain crimes under Wis. Stat. § 704.17(3m). Any tenant that engages in “criminal activity” or “drug-related criminal activity” may find themselves served with a notice by the landlord that could force them to vacate the property after five days.

“Drug-related criminal activity” is limited to the manufacturing and distribution of controlled substances – not possession or use – on or near the premises being leased. “Criminal activity” is limited to any criminal activity that threatens the health or safety of, or peaceable enjoyment of the premises by (1) other tenants, (2) persons residing in the immediate vicinity of the premises, or (3) the landlord or the landlord’s employee or agent.

The law was passed along partisan lines with Republicans in favor and Democrats opposing. The biggest controversial aspects of the law are two-fold. First, the law expressly allows for termination without any kind of conviction or citation of the alleged underlying crime. Unless the tenant contests the notice, the landlord does not need to prove the allegation. Even if the matter ends up in small claims after a tenant contests the notice, the landlord only needs to prove the “crime” by a pro Thus, landlords can terminate the lease by merely alleging such a crime took place unless the matter ends up in small claims court. Second, the law would also appear to include forfeitures.

Forfeitures are not typically labeled as crimes. They include minor legal violations like parking or speeding tickets. Although they are actions brought by the government against individuals, they are not deemed criminal offenses. If you ever check CCAP, you will notice a disclaimer for a forfeiture will appear noting it is not a crime. Under this new landlord-tenant law, even some forfeitures could qualify as crimes.

A speeding ticket, for example, could qualify as grounds for lease termination. Speed limits are safety laws that protect other drivers and pedestrians. Theoretically, a tenant speeding near the lease premises could be deemed to be threatening the safety of other tenants, particularly if more vulnerable tenants like young children reside there. As noted already, the tenant would not be required to be issued a citation for speeding to receive a valid 5-day notice.

Furthermore, the law is not just limited to tenants but also covers their guests. Thus, if a guest of the tenant commits any “crimes” under the new law, the tenant may be served with the 5-day notice all the same.

Although there are some extreme applications of the new law, it does have some practical applications. First, the law is intended to protect the landlord’s interest in providing a safe and habitable property free of troublesome or dangerous tenants. The landlord and other tenants certainly stand to benefit from removing tenants and their guests engaged in the distribution or production of controlled substances or physical violence.

Presumably, this law was enacted, in part, to equip landlords with some power over reports of domestic violence. While victims of domestic abuse can terminate their lease under Wis. Stat. § 704.16, landlords now have the ability to legally intervene when the victim is unwilling or unable to take action. Whether terminating the abusive individual’s lease is necessarily a good thing (as it may just escalate the situation), it could help protect domestic abuse victims. It is worth noting that victims of crimes cannot be served notice under this statute.

Landlords, as with landlord-tenant law in general, must also be careful in complying with the notice requirements contained in the statutes. A failure to provide these requirements in the notice will likely render it ineffective. The five-day notice requires:

  1. The tenant vacates on or before a date at least five days after the notice is given;
  2. The reason for the eviction;
  3. The tenant has the right to contest the allegations before a court commissioner or judge;
  4. Advise the tenant that they may seek legal counsel, a volunteer legal clinic, or a tenant resource center;
  5. A description of the criminal activity or drug-related criminal activity;
  6. The date the activity took place; and,
  7. The identity or description of those who engaged in the activity.

If you are facing a notice of eviction or a landlord seeking to evict a tenant, it is a good idea to seek an attorney’s help. There are many nuances to landlord-tenant law with clear consequences if those details are not addressed properly.

Robert S. Duxstad’s practice includes representation for criminal and traffic law, personal injury, civil litigation OWI, in both Green and Lafayette Counties in Wisconsin. He can be reached by e-mail at duxstad@swwilaw.com.