On April 25, 2020, the Wisconsin Department of Agriculture, Trade, and Consumer Protection (the “DATCP”) enacted a new temporary law in response to Governor’s Emergency Order #72, the Health Emergency Order. The new temporary law prevents residential landlords from enforcing or seeking late fees or penalties for nonpayment or late payment of rent against their residential tenants. This rule will be enforced from April 25 until the earlier of September 22, 2020, which is when the new temporary law expires, or 90 days after Governor’s Emergency Order #72 expires.
Because the DATCP did not enact the rule until April 25, residential landlords may charge their residential tenants late fees or penalties for nonpayment or late payment of rent for those days prior to April 25th.
In addition to the implementation of the new temporary rule, the courts themselves are beginning to adjust their processes to Covid-19. For example, the Outagamie County Courthouse released a statement that small claims plaintiffs, not the defendants, including landlord-tenant disputes, should not appear for the initial hearing. So, pay attention to your court’s local rules to determine how to proceed with your case.
If you have a question regarding landlord-tenant law, please contact Epiphany Law, LLC at 920-996-0000 and I am happy to answer your question.