Wisconsin 2025 Regular Session Status: Introduced 7 R cosponsors

SB 206 — Relating to: voidable provisions in residential rental agreements and the application of the Wisconsin Consumer Act to leases. (FE)

Last action — Failed to pass pursuant to Senate Joint Resolution 1

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

This bill has been introduced in the Senate. Introduced April 16, 2025. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • Introduced

    Current position in the legislative process.

  • 24 sponsors

    1 primary, 23 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (7 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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

111 added · 194 removed

Plain-language change summary

The latest version of SB 206 has removed the language that allows tenants to void specific provisions in rental agreements, such as those addressing landlord obligations and liability. It now emphasizes standardized residential rental agreements and clarifies what constitutes a voidable clause. These changes are significant because they aim to streamline regulations governing rental agreements while ensuring tenant protections are more clearly defined, potentially impacting how landlords and tenants negotiate leases in Wisconsin.

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- 2026 LEGISLATURE LRBs0338/1 ARG:cdc SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 206 February 3, 2026 - Offered by SenaEYENF.
CORRECTED COPY - 2026 LEGISLATURE LRB-2555/1 JAM:cdc SENATE BILL 206 April 16, 2025 - Introduced by Senators F EYEN, JACQUE , JAGLER, NASS , QUINN, W ANGGAARD and S TAFSHOLT , cosponsored by Representatives RUG , ROOKS , A LLEN, ARMSTRONG , RANKLIN , GOEBEN , B.
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);
ACOBSON , KAUFERT , ITCHENS , M OSES, M URPHY , O'CONNOR , ORTIZ-VELEZ, SORTWELL , PIROS , TUSLER and W ITTKE.
to create 421.103 (5), 704.445 and 704.446 of the statutes;
Referred to Committee on Insurance, Housing, Rural Issues and Forestry.
A N A CT 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;
voidable provisions in residential rental agreements, review of standardized residential rental agreements, and the application of the Wisconsin Consumer Act to residential rental agreements.
voidable provisions in residential rental agreements and the application of the Wisconsin Consumer Act to leases.
Analysis by the Legislative Reference Bureau Under current law, a residential lease is void and unenforceable if it contains certain provisions (voidable provisions).
Examples of voidable provisions include provisions that:
1) allow landlords to refuse to renew a lease because a tenant has contacted an entity for law enforcement, health, or safety services;
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-2555/1 JAM:cdc SENATE BILL 206 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.
S ECTION 1.
SECTION 1.
S ECTION 2.
SECTION 2.
- 2026 Legislature - 2 - LRBs0338/1 ARG:cdc SECTION 2 704.44 Residential rental agreement that contains certain provisions is void.
704.44 Residential rental agreement that contains certain provisions is void.
704.445, a tenant may elect to void a residential rental agreement, or sever a prohibited provision from a residential rental agreement, if the residential rental agreement does any of the following, all of which are prohibited provisions for purposes of this section and s.
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:
704.445:
SECTION 3.
S ECTION 3.
704.44 (1m) (intro.) Allows By its express language specifically 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:
- 2026 Legislature - 3 - LRB-2555/1 JAM:cdc SENATE BILL 206 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:
704.44 (2m) of the statutes is amended to read:
704.44 (2m) Authorizes By its express language specifically authorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under ch.
799.
S ECTION 5.
704.44 (3m) of the statutes is amended to read:
704.44 (3m) Provides By its express language specifically provides for an acceleration of rent payments in the event of tenant default or breach of obligations under the rental agreement, or otherwise waives the landlord’s obligation to mitigate damages as provided in s.
704.29.
S ECTION 6.
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704.44 (4m) of the statutes is amended to read:
704.44 (4m) Requires By its express language specifically requires payment by the tenant of attorney fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement.
This subsection does not prevent a - 2026 Legislature - 3 - LRBs0338/1 ARG:cdc SECTION 6 landlord or tenant from recovering costs or attorney fees under a court order under ch.
799 or 814.
S ECTION 7.
704.44 (5m) of the statutes is amended to read:
704.44 (5m) Authorizes By its express language specifically authorizes the landlord or an agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement.
S ECTION 8.
704.44 (6) of the statutes is amended to read:
704.44 (6) States By its express language specifically states that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord.
This subsection does not affect ordinary maintenance obligations of a tenant under s.
704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant.
S ECTION 9.
704.44 (7) (intro.) of the statutes is amended to read:
704.44 (7) (intro.)Imposes By its express language specifically imposes liability on a tenant for any of the following:
S ECTION 10.
704.44 (8) of the statutes is amended to read:
704.44 (8) Waives By its express language specifically waives any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition or to maintain the premises during the tenant’s tenancy.
S ECTION 11.
704.44 (9) Allows By its express language specifically 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.
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.
- 2026 Legislature - 4 - LRBs0338/1 ARG:cdc S ECTION 12 S ECTION 12.
S ECTION 5.
704.44 (10) Allows By its express language specifically 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.
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.
S ECTION 13.
S ECTION 6.
(2) If a tenant elects to sever a prohibited provision from his or her residential rental agreement as provided under s.
(2) If a tenant elects to sever a provision from his or her residential rental agreement as provided under s.
(3) A tenant’s election to void or sever a prohibited provision from his or her residential rental agreement as provided under s.
(3) A tenant’s election to void or sever a provision from his or her residential - 2026 Legislature - 4 - LRB-2555/1 JAM:cdc SENATE BILL 206 S ECTION 6 rental agreement as provided 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 - 2026 Legislature - 5 - LRBs0338/1 ARG:cdc S ECTION 13 attorney fee.
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.
There is a presumption that payments for rent, parking, and utilities are made by tenants in exchange for the value of the possession of the premises and usage of the utilities and are not pecuniary losses.
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.
This presumption may be rebutted by proof in the greater weight of the credible evidence that a tenant has incurred a pecuniary loss directly caused by a residential rental agreement's inclusion of a provision described under s.
704.44 (1m) to (10) or any rule promulgated under this chapter.
704.44 (1m) to (10), and that such inclusion resulted in the amount the tenant paid to the landlord being greater than the value of the possession of the premises and usage of the utilities by the tenant.
(5) A person injured by a residential rental agreement’s inclusion of a provision described under s.
(5) A person suffering a pecuniary loss caused by a residential rental agreement’s inclusion of a provision described under s.
S ECTION 14.
(END )
704.446 of the statutes is created to read:
704.446 Review of standardized residential rental agreements.
(1) DEFINITIONS.
In this section:
(a) “Department” means the department of agriculture, trade and consumer protection.
(b) “Rental agreement” means a residential rental agreement together with any related addendum.
(2) D EPARTMENT REVIEW .
(a) 1.
Subject to par.
(c), the department shall review all of the following standardized rental agreements for compliance with the law of this state:
a.
Wisconsin Realtors Association residential rental agreement forms.
b.
Wisconsin Legal Blank's residential rental agreement forms.
c.
National Apartment Association residential rental agreement forms.
- 2026 Legislature - 6 - LRBs0338/1 ARG:cdc SECTION 14 d.
Wisconsin Housing Alliance residential rental agreement forms.
e.
Federal department of housing and urban development or assisted housing residential rental agreement forms.
2.
If a rental agreement previously reviewed by the department is substantially revised, the department shall review the substantially revised rental agreement within 60 days of its submission to the department.
3.
The department may review a revised rental agreement only once annually unless a revision is triggered by a change in law or a published court decision.
4.
Upon review of a rental agreement, the department shall identify to the drafter of the rental agreement provisions the department deems noncompliant with the law of this state.
If the drafter makes changes to these identified provisions, the department shall review the changes and provide a decision if the rental agreement is compliant with the law of this state within 14 days of submission of the changes.
If the department does not identify any noncompliant provisions in a submitted rental agreement, the rental agreement is considered compliant with the law of this state.
(b) Subject to par.
(c), the department may review for compliance with the law of this state rental agreements other than those under par.
(a) 1.
that are submitted to the department by attorneys licensed to practice law in this state or organizations that provide leases to landlords and tenants in this state.
These rental agreements shall be reviewed as provided in par.
(a) 4.
If a reviewed rental agreement under this paragraph is compliant with the law of this state, the department may include the rental agreement in the list of rental agreements determined compliant and published under sub.
(4).
- 2026 Legislature - 7 - LRBs0338/1 ARG:cdc SECTION 14 (c) A rental agreement must include a clear date of creation and a form number or title identifying the version of the agreement.
(d) After the department reviews a rental agreement under par.
(a) or (b), the version deemed compliant remains in effect and sub.
(3) applies until a change in the law of this state relating to residential landlord-tenant relationships materially affects the content or enforceability of the rental agreement.
(3) SAFE HARBOR .
(a) The use of a rental agreement deemed compliant under sub.
(2) constitutes compliance with this chapter and rules promulgated by the department governing residential landlord-tenant relationships.
(b) A landlord or tenant who uses a rental agreement reviewed under sub.
(2) is not subject to enforcement under s.
100.20 or 100.26, or any rule promulgated by the department under s.
100.20 or 100.26, for an alleged violation that is based on language contained in the reviewed rental agreement.
(c) The completion of designated blank spaces that are intended to be completed in a rental agreement reviewed under sub.
(2), in a manner contemplated by the form, does not constitute a material modification and does not affect the application of the safe harbor under this subsection.
(d) Any other modification to a rental agreement reviewed under sub.
(2), or the addition of language not expressly provided for in the reviewed rental agreement, including language inserted outside designated blank spaces, is made at the user's own risk and this subsection may not apply to the additional or modified language only.
(4) N OTICE OF REVIEWED FORMS .
(a) The department shall publish on its - 2026 Legislature - 8 - LRBs0338/1 ARG:cdc S ECTION 14 website a list of all rental agreements determined compliant under sub.
(2), along with the date of the department’s most recent review.
(b) The department shall include on the same website page as the list under par.
(a) a notice stating that federal regulations and local ordinances or regulations applicable to residential tenancies may not be reflected in the approved rental agreements and that landlords and tenants remain responsible for compliance with any federal or local requirements.
S ECTION 15.
Nonstatutory provisions.
(1) INITIAL DEPARTMENT REVIEW.
The department of agriculture, trade and consumer protection shall complete an initial review of all rental agreements set forth in s.
704.446 (2) (a) 1.
no later than 60 days after the effective date of this subsection.
S ECTION 16.
Effective date.
(1) This act takes effect on the first day of the 3rd month beginning after publication.
(END)
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Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. Laid on table

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

  4. Fiscal estimate received

  5. Fiscal estimate received

  6. Senate Amendment 1 to Senate Substitute Amendment 1 offered by Senator Feyen

  7. Available for scheduling

  8. Report passage as amended recommended by Committee on Insurance, Housing, Rural Issues and Forestry, Ayes 4, Noes 1

  9. Report adoption of Senate Substitute Amendment 1 recommended by Committee on Insurance, Housing, Rural Issues and Forestry, Ayes 4, Noes 1

  10. Executive action taken

  11. Senate Substitute Amendment 1 offered by Senator Feyen

  12. Public hearing held

  13. Representative Wichgers added as a cosponsor

  14. Representatives Behnke and Snyder added as cosponsors

  15. Read first time and referred to Committee on Insurance, Housing, Rural Issues and Forestry

  16. Introduced by Senators Feyen, Jacque, Jagler, Nass, Quinn, Wanggaard and Stafsholt; cosponsored by Representatives Krug, Brooks, Allen, Armstrong, Franklin, Goeben, B. Jacobson, Kaufert, Kitchens, Moses, Murphy, O'Connor, Ortiz-Velez, Sortwell, Spiros, Tusler and Wittke

Sponsors

  • Krug · Cosponsor
  • Brooks · Cosponsor
  • Allen · Cosponsor
  • Armstrong · Cosponsor
  • Franklin · Cosponsor
  • Goeben · Cosponsor
  • B. Jacobson · Cosponsor
  • Kaufert · Cosponsor
  • Kitchens · Cosponsor
  • Moses · Cosponsor
  • Murphy · Cosponsor
  • O'Connor · Cosponsor
  • Ortiz-Velez · Cosponsor
  • Sortwell · Cosponsor
  • Spiros · Cosponsor
  • Tusler · Cosponsor
  • Wittke · Cosponsor
  • Dan Feyen · Primary
  • André Jacque · Cosponsor
  • John Jagler · Cosponsor
  • Steve Nass · Cosponsor
  • Romaine Quinn · Cosponsor
  • Van Wanggaard · Cosponsor
  • Rob Stafsholt · Cosponsor

Sponsorship breakdown

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1 sponsors · 23 co-sponsors · 108 not signed on

Sponsors (1)

Co-sponsors (23)

Not signed on (108)

108 members have not signed on to this bill.

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Frequently asked questions

What does SB 206 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 SB 206?
SB 206 is sponsored by Krug, Brooks, Allen, Armstrong, Franklin, Goeben, B. Jacobson, Kaufert, Kitchens, Moses, Murphy, O'Connor, Ortiz-Velez, Sortwell, Spiros, Tusler, Wittke, Feyen, Dan (Republican), Jacque, André (Republican), Jagler, John (Republican), Nass, Steve (Republican), Quinn, Romaine (Republican), Wanggaard, Van (Republican), and Stafsholt, Rob (Republican).
What is the current status of SB 206?
This bill has been introduced in the Senate. Introduced April 16, 2025. It must pass committee before a floor vote.
Where can I track SB 206?
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