WI AB1135

Repeals Wisconsin statute 799.40(1s), which prohibited tenants from using "waiver" as a defense in small claims eviction actions

Allows tenants to argue that a landlord previously waived a breach of the rental agreement, such as by accepting late rent payments

Permits tenants to claim that an established custom or practice between landlord and tenant waived the right to demand strict performance of lease terms

Referred to the Assembly Committee on Housing and Real Estate after introduction on March 13, 2026