704.16 Termination of tenancy for imminent threat of serious physical harm; changing locks.

730 words·~3 min read·/wi/chapter-704/704-16-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Terminating tenancy by tenant. A residential tenant may terminate his or her tenancy and remove from the premises if both of the following apply:

(a)The tenant or a child of the tenant faces an imminent threat of serious physical harm from another person if the tenant remains on the premises.

(b)The tenant provides the landlord with notice in the manner provided under s. 704.21 and with a certified copy of any of the following:

1. An injunction order under s. 813.12

(4)protecting the tenant from the person.

2. An injunction order under s. 813.122 protecting a child of the tenant from the person.

3. An injunction order under s. 813.125

(4)protecting the tenant or a child of the tenant from another person, based on the other person’s engaging in an act that would constitute stalking under s. 940.32 , or attempting or threatening to do the same.

4. A condition of release under ch. 969 ordering the person not to contact the tenant.

6. A criminal complaint alleging that the person stalked the tenant or a child of the tenant under s. 940.32 .

7. A criminal complaint that was filed against the person as a result of the person being arrested for committing a domestic abuse offense against the tenant under s. 968.075 .

(1m)Terminating tenancy by tenant: sexual assault. A residential tenant may terminate his or her tenancy and remove from the premises if the tenant provides the landlord with notice in the manner provided under s. 704.21 and with a certified copy of any of the following:

(a)An injunction order under s. 813.125

(4)protecting the tenant or a child of the tenant from another person, based on the other person’s engaging in an act that would constitute sexual assault under s. 940.225 , 948.02 , or 948.025 , or attempting or threatening to do the same.

(b)A criminal complaint alleging that the person sexually assaulted the tenant or a child of the tenant under s. 940.225 , 948.02 , or 948.025 .

(2)Not liable for rent. If a residential tenant removes from the premises because of a threat of serious physical harm to the tenant or to a child of the tenant from another person and provides the landlord with a certified copy specified under sub.

(1)and with notice that complies with s. 704.21 , the tenant shall not be liable for any rent after the end of the month following the month in which he or she provides the notice or removes from the premises, whichever is later. The tenant’s liability for rent under this subsection is subject to the landlord’s duty to mitigate damages as provided in s. 704.29

(2).

(2m)Not liable for rent: sexual assault. If a residential tenant removes from the premises and provides the landlord with a certified copy specified under sub.

(1m)and with notice that complies with s. 704.21 , the tenant shall not be liable for any rent after the end of the month following the month in which he or she provides the notice or removes from the premises, whichever is later. The tenant’s liability for rent under this subsection is subject to the landlord’s duty to mitigate damages as provided in s. 704.29

(2).

(3)Termination of tenancy by landlord.

(a)In this subsection:

1. “Community” has the meaning given in s. 710.15

(ad).

2. “Manufactured home” has the meaning given in s. 101.91

(2).

3. “Mobile home” has the meaning given in s. 710.15

(b).

4. “Offending tenant” is a tenant whose tenancy is being terminated under this subsection.

(b)A landlord may terminate the tenancy of an offending tenant if all of the following apply:

1. The offending tenant commits one or more acts, including verbal threats, that cause another tenant, or a child of that other tenant, who occupies a dwelling unit in the same single-family rental unit, multiunit dwelling, or apartment complex, or a manufactured home or mobile home in the same community, as the offending tenant to face an imminent threat of serious physical harm from the offending tenant if the offending tenant remains on the premises.

2. The offending tenant is the named offender in any of the following: