Wisconsin 2025 Regular Session Status: To Executive Bipartisan · 18 R · 1 D cosponsors

AB 202 — An Act to amend 704.44 (intro.), 704.44 (1m) (intro.), 704.44 (9) and 704.44 (10); to create 421.103 (5) and 704.445 of the statutes;

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced April 17, 2025. It awaits signature.

Vetoed by Governor Tony Evers (Democratic) on March 27, 2026.

Next likely step: the executive signs it into law or issues a veto.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 90% · high confidence

  • To Executive

    Current position in the legislative process.

  • 26 sponsors

    1 primary, 25 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (18 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

An Act to amend 704.44 (intro.), 704.44 (1m) (intro.), 704.44 (9) and 704.44 (10); to create 421.103 (5) and 704.445 of the statutes;

Bill Text

What changed in the latest version

86 added · 114 removed

Plain-language change summary

The recent amendments to Assembly Bill 202 primarily focus on making certain provisions of residential rental agreements void or unenforceable. Specifically, the bill now clarifies that landlords cannot include clauses that allow for accelerated rent payments upon tenant default or that waive the landlord's responsibility to minimize damages. This is important as it aims to protect tenants from unfair practices in rental agreements, ensuring they aren't held to unreasonable financial burdens. Additionally, the bill establishes that certain consumer protection laws do not apply to residential rental agreements, streamlining the legal framework for both tenants and landlords.

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CORRECTED COPY - 2026 LEGISLATURE LRB-2188/1 JAM:cdc ASSEMBLY BILL 202 April 17, 2025 - Introduced by RepresentativRUG, BROOKS, ALLEN, ARMSTRONG , FRANKLIN , GOEBEN , B.
Date of enactment:
ACOBSON , KAUFERT, K ITCHENS, M OSES, MURPHY , O'CONNOR , ORTIZ-ELEZ , ORTWELL , SPIROS, TUSLER, W ITTKE, EHNKE and SNYDER, cosponsored by Senators F EYEN, JACQUE , JAGLER, NASS, Q UINN, STAFSHOLT and W ANGGAARD .
Assembly Bill 202 Date of publication*:
Referred to Committee on Housing and Real Estate.
WISCONSIN ACT A N A CT to amend 704.44 (intro.), 704.44 (1m) (intro.), 704.44 (2m), 704.44 (3m), 704.44 (4m), 704.44 (5m), 704.44 (6), 704.44 (7) (intro.), 704.44 (8), 704.44 (9) and 704.44 (10);
A N A CT to amend 704.44 (intro.), 704.44 (1m) (intro.), 704.44 (9) and 704.44 (10);
voidable provisions in residential rental agreements and the application of the Wisconsin Consumer Act to leases.
voidable provisions in residential rental agreements and the application of the Wisconsin Consumer Act to residential rental agreements.
Analysis by the Legislative Reference Bureau Under current law, a residential lease is void and unenforceable if it contains certain provisions (voidable provisions).
The people of the state of Wisconsin, represented in sen- S ECTION 4.
Examples of voidable provisions include provisions that:
704.44 (2m) of the statutes is amended ate and assembly, do enact as follows:
1) allow landlords to refuse to renew a lease because a tenant has contacted an entity for law enforcement, health, or safety services;
to read:
2) waive a landlord’s obligation to mitigate damages;
3) impose liability on a tenant for personal injury arising from causes clearly beyond the tenant’s control, and;
4) allow landlords to terminate a tenancy for a crime committed in relation to the rental property when the tenant’s lease did not include a statutorily required notice of domestic abuse protections.
This bill provides that if court of competent jurisdiction finds that a residential lease includes a voidable provision, a tenant may elect to:
1) void the lease and have their tenancy converted into a periodic tenancy, or;
2) sever the voidable provision from their lease and continue under the remainder of the lease.
In addition, in April 2024, the Wisconsin Court of Appeals published a decision, Koble Invs.
v Marquardt, 2024 WI App 26, regarding certain landlord and - 2026 Legislature - 2 - LRB-2188/1 JAM:cdc ASSEMBLY BILL 202 SECTION 1 tenant matters.
As of February 28, 2025, the case was on appeal to the Wisconsin Supreme Court, with parties’ first briefings due to the court in March 2025.
Among the holdings in Koble, the court of appeals determined that a particular landlord was acting as a “debt collector” and that landlord’s tenant was a “customer” as those terms are defined under Wisconsin Consumer Act.
The court of appeals also held that because the landlord violated a provision of the Wisconsin Consumer Act, the tenant’s attorney was entitled to recover reasonable attorney fees and court costs.
Under this bill, the Wisconsin Consumer Act does not apply to residential leases or mobile home leases.
In the same case, the court of appeals held that the tenant’s lease was void and unenforceable under landlord and tenant law, and that, under another law enforcing fair methods of competition, the tenant could recover twice the amount of the tenant’s pecuniary loss, together with reasonable attorney fees and court costs.
The bill provides that under landlord and tenant law, a person injured by a voidable provision can recover twice the amount of the pecuniary loss, together with reasonable attorney fees and court costs, and provides that such pecuniary loss does not include any rent paid by the tenant.
The bill also limits the remedies a person may seek when a rental agreement includes a voidable provision to only those remedies provided in the bill.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
421.103 (5) of the statutes is created to read:
421.103 (5) of the statutes is created to 704.44 (2m) Authorizes By its express language specifically authorizes the eviction or exclusion of a ten- read:
421.103 (5) Chapters 421 to 427 do not apply to residential rental agreements governed under s.
421.103 (5) Chapters 421 to 427 do not apply to res- ant from the premises, other than by judicial eviction idential rental agreements governed under s.
710.15 or ch.
710.15 or procedures as provided under ch.
799.
ch.
SECTION 2.
S ECTION 5.
704.44 (intro.) of the statutes is amended to read:
704.44 (3m) of the statutes is amended SECTION 2.
704.44 Residential rental agreement that contains certain provisions is void.
704.44 (intro.) of the statutes is to read:
(intro.) Notwithstanding s.
704.44 (3m) Provides By its express language amended to read:
704.02, a residential rental agreement is void and unenforceable if it and subject to s.
704.44 Residential rental agreement that con- specifically provides for an acceleration of rent pay- tains certain provisions is void.
704.445, a tenant may elect to void a residential rental agreement, or sever a provision from a residential rental agreement, if a court of competent jurisdiction finds that the residential rental agreement does any of the following:
(intro.) Notwithstand- ments in the event of tenant default or breach of obliga- ing s.
SECTION 3.
704.02, a residential rental agreement is void and tions under the rental agreement, or otherwise waives unenforceable if it and subject to s.
704.44 (1m) (intro.) of the statutes is amended to read:
704.445, a tenant the landlord’s obligation to mitigate damages as pro- may elect to void a residential rental agreement, or sever vided in s.
- 2026 Legislature - 3 - LRB-2188/1 JAM:cdc ASSEMBLY BILL 202 SECTION 3 704.44 (1m) (intro.) Allows Authorizes a landlord to do any of the following because a tenant has contacted an entity for law enforcement services, health services, or safety services:
704.29.
S ECTION 4.
a prohibited provision from a residential rental agree- S ECTION 6.
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704.44 (4m) of the statutes is amended ment, if the residential rental agreement does any of the to read:
following, all of which are prohibited provisions for pur- 704.44 (4m) Requires By its express language poses of this section and s.
704.445:
specifically requires payment by the tenant of attorney SECTION 3.
704.44 (1m) (intro.) of the statutes is fees or costs incurred by the landlord in any legal action amended to read:
or dispute arising under the rental agreement.
This sub- 704.44 (1m) (intro.) Allows By its express language section does not prevent a landlord or tenant from recov- specifically authorizes a landlord to do any of the fol- ering costs or attorney fees under a court order under ch.
lowing because a tenant has contacted an entity for law 799 or 814.
enforcement services, health services, or safety S ECTION 7.
704.44 (5m) of the statutes is amended services:
to read:
* Section 991.11, ISCONSINSTATUTES:
Effective date of acts.
“Every act and every portion of an act enacted by the legislature over the gov- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act - 2 - 2025 Assembly Bill 202 704.44 (5m) Authorizes By its express language 704.445 Remedies for voidable residential rental specifically authorizes the landlord or an agent of the agreements.
(1) If a tenant elects to void the tenant’s landlord to confess judgment against the tenant in any residential agreement under s.
704.44, the tenant’s ten- action arising under the rental agreement.
ancy shall become a periodic tenancy, as defined under SECTION 8.
704.44 (6) of the statutes is amended to s.
704.01 (2), and the tenant shall be responsible for the read:
payment of rent, utilities, parking, and other charges un- 704.44 (6) States By its express language specifi- cally states that the landlord is not liable for property der terms and conditions identical to the terms and con- ditions as set forth in the original residential rental damage or personal injury caused by negligent acts or agreement, but not including a provision described un- omissions of the landlord.
This subsection does not af- der s.
704.44 (1m) to (10).
fect ordinary maintenance obligations of a tenant under s.
704.07 or assumed by a tenant under a rental agree- (2) If a tenant elects to sever a prohibited provision ment or other written agreement between the landlord from his or her residential rental agreement as provided under s.
704.44, the unsevered portion of the residential and the tenant.
rental agreement shall be given full effect.
SECTION 9.
704.44 (7) (intro.) of the statutes is amended to read:
(3) A tenant’s election to void or sever a prohibited 704.44 (7) (intro.) Imposes By its express language provision from his or her residential rental agreement as specifically imposes liability on a tenant for any of the provided under s.
704.44 is effective upon the tenant giving notice of the election to the landlord in the same following:
SECTION 10.
704.44 (8) of the statutes is amended manner as specified in s.
704.21 (2).
to read:
(4) A person suffering pecuniary loss directly 704.44 (8) Waives By its express language specifi- caused by a residential rental agreement’s inclusion of a cally waives any statutory or other legal obligation on provision described under s.
704.44 (1m) to (10) may the part of the landlord to deliver the premises in a fit or sue for damages therefor in any court of competent juris- habitable condition or to maintain the premises during diction and shall recover twice the amount of such pecu- the tenant’s tenancy.
niary loss, together with costs, including a reasonable at- SECTION 11.
704.44 (9) Allows Authorizes the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who lawfully resides with the tenant, is the victim, as defined in s.
torney fee.
There is a presumption that payments for rent, parking, and utilities are made by tenants in ex- 704.44 (9) Allows By its express language specifi- change for the value of the possession of the premises cally authorizes the landlord to terminate the tenancy of and usage of the utilities and are not pecuniary losses.
a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who This presumption may be rebutted by proof in the lawfully resides with the tenant, is the victim, as defined greater weight of the credible evidence that a tenant has incurred a pecuniary loss directly caused by a residential in s.
S ECTION 5.
rental agreement's inclusion of a provision described SECTION 12.
704.44 (10) Allows Authorizes the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under s.
under s.
704.44 (1m) to (10), and that such inclusion re- 704.44 (10) Allows By its express language specifi- sulted in the amount the tenant paid to the landlord be- cally authorizes the landlord to terminate the tenancy of ing greater than the value of the possession of the premises and usage of the utilities by the tenant.
a tenant for a crime committed in relation to the rental property and the rental agreement does not include the (5) A person suffering a pecuniary loss caused by a notice required under s.
S ECTION 6.
residential rental agreement’s inclusion of a provision SECTION 13.
704.445 of the statutes is created to read:
704.445 of the statutes is created to described under s.
704.445 Remedies for voidable residential rental agreements.
704.44 (1m) to (10) is limited to the read:
(1) If a tenant elects to void the tenant’s residential agreement under s.
remedies provided under this section.
704.44, the tenant’s tenancy shall become a periodic tenancy as defined under s.
704.01 (2), and the tenant shall be responsible for the payment of rent, utilities, parking, and other charges under terms and conditions identical to the terms and conditions as set forth in the original residential rental agreement, but not including a provision described under s.
704.44 (1m) to (10).
(2) If a tenant elects to sever a provision from his or her residential rental agreement as provided under s.
704.44, the unsevered portion of the residential rental agreement shall be given full effect.
(3) A tenant’s election to void or sever a provision from his or her residential - 2026 Legislature - 4 - LRB-2188/1 JAM:cdc ASSEMBLY BILL 202 S ECTION 6 rental agreement as provided under s.
704.44 is effective upon the tenant giving notice of the election to the landlord in the same manner as specified in s.
704.21 (2).
(4) A person suffering pecuniary loss directly caused by a residential rental agreement’s inclusion of a provision described under s.
704.44 (1m) to (10) may sue for damages therefor in any court of competent jurisdiction and shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee.
Pecuniary loss under this subsection does not include rental payments the tenant made under his or her residential rental agreement that included a provision described under s.
704.44 (1m) to (10) or any rule promulgated under this chapter.
(5) A person injured by a residential rental agreement’s inclusion of a provision described under s.
704.44 (1m) to (10) is limited to the remedies provided under this section.
(END )
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 3-27-2026

  4. Presented to the Governor on 3-26-2026

  5. Report correctly enrolled on 2-24-2026

  6. LRB correction (Assembly Substitute Amendment 1)

  7. Received from Senate concurred in

  8. Ordered immediately messaged

  9. Read a third time and concurred in

  10. Rules suspended to give bill its third reading

  11. Ordered to a third reading

  12. Read a second time

  13. Rules suspended and taken up

  14. Placed on calendar 2-18-2026 pursuant to Senate Rule 18(1)

  15. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  16. Read first time and referred to committee on Senate Organization

  17. Received from Assembly

  18. Ordered immediately messaged

  19. Read a third time and passed

  20. Rules suspended

  21. Ordered to a third reading

  22. Assembly Substitute Amendment 1 adopted

  23. Assembly Amendment 1 to Assembly Substitute Amendment 1 adopted

  24. Read a second time

  25. Fiscal estimate received

  26. Fiscal estimate received

  27. Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representative Krug

  28. Withdrawn from Committee on Rules and referred to calendar of 2-17-2026

  29. Referred to committee on Rules

  30. Report passage as amended recommended by Committee on Housing and Real Estate, Ayes 11, Noes 4

  31. Report Assembly Substitute Amendment 1 adoption recommended by Committee on Housing and Real Estate, Ayes 11, Noes 4

  32. Executive action taken

  33. Assembly Substitute Amendment 1 offered by Representative Krug

  34. Public hearing held

  35. Representative Wichgers added as a coauthor

  36. Read first time and referred to Committee on Housing and Real Estate

  37. Introduced 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 Wanggaard

Sponsors

Sponsorship breakdown

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1 sponsors · 25 co-sponsors · 106 not signed on

Sponsors (1)

Co-sponsors (25)

Not signed on (106)

106 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does AB 202 do?
An Act to amend 704.44 (intro.), 704.44 (1m) (intro.), 704.44 (9) and 704.44 (10); to create 421.103 (5) and 704.445 of the statutes;
Who sponsors AB 202?
AB 202 is sponsored by Feyen, Jacque, Jagler, Nass, Quinn, Stafsholt, Wanggaard, Krug, Scott (Republican), Brooks, Robert (Republican), Allen, Scott (Republican), Armstrong, David (Republican), Franklin, Benjamin (Republican), Goeben, Joy (Republican), Jacobson, Brent (Republican), Kaufert, Dean (Republican), Kitchens, Joel (Republican), Moses, Clint (Republican), Murphy, David (Republican), O'Connor, Jerry (Republican), Ortiz-Velez, Sylvia (Democrat), Sortwell, Shae (Republican), Spiros, John (Republican), Tusler, Ron (Republican), Wittke, Robert (Republican), Behnke, Elijah (Republican), and Snyder, Patrick (Republican).
What is the current status of AB 202?
This bill has been sent to the executive. Introduced April 17, 2025. It awaits signature.
Where can I track AB 202?
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