Section ATCP 125.08 - Termination of tenancy(1) Whenever an operator terminates any rental agreement or refuses, upon the expiration of a lease, to renew the lease or to enter into a new rental agreement, the operator shall provide the tenant with written notice setting forth the reason for such termination or refusal. Notices of termination shall comply with the requirements of s. 710.15 and ch. 704, Stats., as applicable. If the rental agreement does not comply with the requirements of s. ATCP 125.03(1) (intro.) and (2), the operator shall comply with the notice requirements of s. 704.17(2), Stats., when terminating a tenancy, unless the operator or tenant proves that other notice requirements under s. 704.17(1p) or (3), Stats., are applicable. Note: Section 710.15(5m), Stats., provides that:
Notwithstanding ss. 704.17 and 704.19, the tenancy of a resident or occupant in a community may not be terminated, nor may the renewal of the lease be denied by the community operator, except upon any of the following grounds:
(a) Failure to pay rent due, or failure to pay taxes or any other charges due for which the community owner or operator may be liable.(b) Disorderly conduct that results in a disruption to the rights of others to the peaceful enjoyment and use of the premises.(c) Vandalism or commission of waste of the property.(d) A breach of any term of the lease.(e) Violation of community rules that endangers the health or safety of others or disrupts the right to the peaceful enjoyment and use of the premises by others, after written notice to cease the violation has been delivered to the resident or occupant.(em) Violation of federal, state or local laws, rules or ordinances relating to mobile homes or manufactured homes after written notice to cease the violation has been delivered to the resident or occupant.(f) The community owner or operator seeks to retire the community permanently from the housing market.(g) The community owner or operator is required to discontinue use of the community for the purpose rented as a result of action taken against the community owner or operator by local or state building or health authorities and it is necessary for the premises to be vacated to satisfy the relief sought by the action.(h) The physical condition of the mobile home or manufactured home presents a threat to the health or safety of its occupants or others in the community or, by its physical appearance, disrupts the right to the enjoyment and use of the community by others.(i) Refusal to sign a lease.(j) Material misrepresentation in the application for tenancy.(2) No operator shall terminate a rental agreement or refuse, upon expiration of a lease, to renew the lease or to enter into a new rental agreement for the reason that: (a) The tenant has reported a violation, by the operator, of this chapter or any other law to any governmental authority, or filed suit alleging such violation.(b) The tenant is a member of a tenant's union or association.(c) The operator wishes to make a site available to a person purchasing a mobile home from the operator or an agent of the operator.(3) No operator may solicit or receive any payment or other thing of value, except for normal rental payments, in return for permitting a tenant to leave the tenant's mobile home in the manufactured home community upon termination of tenancy.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 125.08
Cr. Register, May, 1976, No. 245, eff. 6-1-76; renum. from Ag 125.09 and am. (1) and (3), Register, February, 1987, No. 374, eff. 3-1-87; CR 13-027: am. (1), (3) Register December 2013 No. 696, eff. 1-1-14.Amended by, correction in (1) made under s. 13.92(4) (b) 7, Stats., Register November 2018 No. 755, eff. 12/1/2018