State Suspends Landlords’ Ability to Collect Late Fees and Penalties during Health Crisis
By Joseph M. Mella
April 30, 2020
Starting April 25, 2020 the State of Wisconsin has temporarily suspended a residential property landlord’s right to charge tenants late or missed rent fees or penalties. The suspension is the result of an emergency rule published by the Wisconsin Department of Agriculture, Trade, and Consumer Protection which generally implements rules covering landlord/tenant relationships. The basis given for the emergency rule is the health emergency declared by the Governor.
The rule is temporary and is scheduled to last 90 days. The expiration of this temporary suspension is stated as September 21, 2020. This date is derived from the shortest of three alternatives that come into play when an emergency rule such as this is implemented.
The general public may provide comments on this rule making effort either currently online here: https://docs.legis.wisconsin.gov/feedback/agencyform?cite=emergencyrules/EmR2002 or may alternatively comment at a public hearing being held via telephone conference on Thursday, May 21, 2020 using the following teleconference Line: 1-888-327-8914 or 1-847-944-7654. Passcode: 7794 737#
It is notable that this rule does not apply to non-residential situations.
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