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AB 1135

Relating to: the defense of waiver in eviction actions.

2025-2026 Regular Session Introduced by Clint Anderson and 4 co-sponsors

AB 1135 repeals the waiver defense prohibition in small claims evictions, allowing waiver-based defenses (like past leniency) to be raised in eviction actions.

Failed to pass pursuant to Senate Joint Resolution 1
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Bill Summary · AB 1135

Summary of Assembly Bill 1135 (2025-2026 Wisconsin Legislature)

Overview

  • Bill number: AB 1135
  • Session: 2025-2026
  • Jurisdiction: Wisconsin
  • Introduced: March 13, 2026
  • Sponsors: Reps. Clancy, Madison, Anderson, Sinicki, Stubbs; cosponsored by Sen. Larson
  • Committee: Housing and Real Estate
  • Status: Introduced and referred to committee (as of the provided material)

Purpose and Intent

  • AB 1135 repeals a current prohibition in Wisconsin law related to eviction actions by removing the statutory defense known as “the defense of waiver.”
  • Specifically, it seeks to eliminate the rule that waiving a breach of the rental agreement (including accepting late rent or a practice of leniency between landlord and tenant) cannot be used as a defense in eviction actions.
  • In short, the bill would allow a party to raise waiver-based defenses in eviction proceedings where such waivers or practices occurred, reversing the existing prohibition.

Key Provisions

  • Repeal of 799.40(1s): The core substantive change is the outright repeal of statute section 799.40(1s).
    • Current law (pre-repeal) states that in a small claims eviction action, it is not a defense that the landlord or tenant previously waived a breach (e.g., accepted late rent) or that a custom/practice developed that waives strict performance of the rental agreement.
    • AB 1135 eliminates this prohibition, making waiver-based defenses potentially available in eviction actions.
  • Scope of impact: The repeal would apply to small claims eviction actions in Wisconsin, changing how waiver arguments are treated procedurally in such cases.

Who Would Be Affected

  • Tenants and Landlords in Eviction Proceedings: The change directly affects defense tactics available in eviction lawsuits, particularly those involving alleged breaches of a rental agreement where waivers or leniency practices occurred.
  • Legal Practitioners in Wisconsin housing law: Attorneys representing landlords or tenants would need to adjust litigation strategies and evidentiary considerations relating to waiver defenses.
  • Judicial and Administrative Context: Courts handling small claims eviction actions would apply waiver defenses now that the prohibitive statute is repealed.

Procedural and Timeline Considerations

  • Process: The bill has been introduced and referred to the House Committee on Housing and Real Estate. No passage timeline or fiscal provisions are detailed in the provided text.
  • Effective Date: The text does not specify an effective date; if enacted, the repeal would take effect per standard statutory enactment rules, typically upon becoming law unless otherwise stated.

Notes

  • The bill’s impact hinges on the removal of the waiver prohibition, which could broaden defenses available to tenants and potentially affect eviction outcomes in cases where waivers or leniency were previously relied upon as a defense.
  • No fiscal impact, budget authorizations, or related policy changes are identified in the provided summary.

Compiled from official sources — confirm details with the bill’s official record.

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