May a landlord charge a fee or penalty for nonpayment or late payment of rent?
Starting April 25, 2020, through 90 days following the expiration of the Governor's Executive Order #72, landlords may not charge a fee or penalty for nonpayment or late payment of rent. [Emergency Rule ATCP 134.09 (8) (d)]
Does the emergency rule prohibiting fees or penalties for nonpayment or late payment of rent apply to commercial leases?
No. The emergency rule does not apply to commercial leases. The emergency rule only applies to residential leases.
Does the emergency rule prohibiting fees or penalties for nonpayment or late payment of rent apply to fees charged prior to April 25, 2020?
No. The emergency rule applies to late fees charged starting on April 25. If a late fee was charged prior to April 25, 2020, the emergency rule would not apply.
Am I still responsible to pay rent under the emergency rule prohibiting fees or penalties for nonpayment or late payment of rent?
Yes. If you can pay rent during the emergency, you should do so. If you are unable to make rent payments during the emergency, you will have a debt for the rent payments that you were unable to make. The emergency rule does not change any lease requirements for individuals such as paying rent or utilities.
How can I share comments regarding DATCP's emergency rule related to not charging a fee or penalty for nonpayment or late payment of rent?
DATCP will hold a public hearing and comment period on this emergency rule via teleconference.
Hearing Date and Location:
Thursday, May 21, 2020, 1:00 PM
Teleconference Line: 1-888-327-8914 or 1-847-944-7654, Passcode: 7794 737#
View rule: https://docs.legis.wisconsin.gov/code/emergency_rules/all/emr2002
The public is invited to participate in the hearing on the emergency rule or to comment no later than the close of business on Thursday, May 21. Written public comments may be sent to the Division of Trade and Consumer Protection, Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911 or by e-mail to DavidA.Woldseth@wisconsin.gov.