704.95 Practices regulated by the department of agriculture, trade and consumer protection. Practices in violation of s. 704.28 or 704.44 may also constitute unfair methods of competition or unfair trade practices under s. 100.20. However, the department of agriculture, trade and consumer protection may not issue an order or promulgate a rule under s. 100.20 that changes any right or duty arising under this chapter.
History: 2011 a. 143; 2013 a. 76.
This section prohibits the Department of Agriculture, Trade and Consumer Protection from making different any right or duty originating from this chapter. Regarding security deposits, those rights or duties in s. 704.28 pertain only to the incurred costs a landlord can lawfully withhold from a tenant's security deposit and the time within which a landlord must return that deposit. Any obligation of a landlord to provide a withholdings statement to a tenant arises only under s. ATCP 134.06 (4), Wis. Adm. Code. Given that this chapter is silent on the topic of withholdings statements, nothing in s. ATCP 134.06 (4), Wis. Adm. Code, regarding withholdings statements “alters" or “makes different" anything originating from this chapter. This section thus has no bearing on the department's rulemaking authority over that subject matter. State v. Lasecki, 2020 WI App 36, 392 Wis. 2d 807, 946 N.W.2d 137, 18-2340.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 704 - Landlord and tenant.
704.02 - Severability of rental agreement provisions.
704.03 - Requirement of writing for rental agreements and termination.
704.05 - Rights and duties of landlord and tenant in absence of written agreement to contrary.
704.055 - Disposition of personalty left by trespasser.
704.06 - Water heater thermostat settings.
704.07 - Repairs; untenantability.
704.085 - Credit and background checks.
704.09 - Transferability; effect of assignment or transfer; remedies.
704.13 - Acts of tenant not to affect rights of landlord.
704.14 - Notice of domestic abuse protections.
704.15 - Requirement that landlord notify tenant of automatic renewal clause.
704.16 - Termination of tenancy for imminent threat of serious physical harm; changing locks.
704.165 - Termination of tenancy at death of tenant.
704.17 - Notice terminating tenancies for failure to pay rent or other breach by tenant.
704.19 - Notice necessary to terminate periodic tenancies and tenancies at will.
704.21 - Manner of giving notice.
704.22 - Service of process in residential tenancy on nonresident party.
704.23 - Removal of tenant on termination of tenancy.
704.25 - Effect of holding over after expiration of lease; removal of tenant.
704.27 - Damages for failure of tenant to vacate at end of lease or after notice.
704.28 - Withholding from and return of security deposits.
704.29 - Recovery of rent and damages by landlord; mitigation.
704.31 - Remedy on default in long terms; improvements.
704.40 - Remedies available when tenancy dependent upon life of another terminates.
704.44 - Residential rental agreement that contains certain provisions is void.
704.45 - Retaliatory conduct in residential tenancies prohibited.
704.50 - Disclosure duty; immunity for providing notice about the sex offender registry.
704.90 - Self-service storage facilities.
704.95 - Practices regulated by the department of agriculture, trade and consumer protection.