Arbor Update

Lease renewal ordinances

9. August 2005

As background reading for the discussion on possible limits to how early leases may be signed in Ann Arbor, reader Marc R. tracked down the text of the similar ordinance, Ordinance #13702, from Madison, WI, which has been referenced by the city:

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The Common Council of the City of Madison do hereby ordain as follows:

1.Subsection (8) entitled “Showing Premises for Rental Purposes” of Section 32.12 entitled “Prohibited Practices” of the Madison General Ordinances is amended to read as follows:

”(8) Showing Premises for Rental Purposes. No landlord may enter leased premises for the purpose of showing the premises to prospective tenants until one-third (1/3) one fourth (1/4) of the lease period has passed.
This provision does not apply to:
(a)entry for the purpose of subletting or if a lease period is less than nine (9) months; or
(b)if a summons and complaint or eviction has been filed.
A report on this ordinance and its impact shall be submitted to the Council at the first meeting in February 2002, by a group consisting of at least a representative of the UW Student Government, a representative of the UW Dean of Student s Office, a representative of the Downtowners Group, and an alderperson.
(c) such dates and times agreed to in writing by the landlord and tenant, when the tenant has signed a notice of non renewal.”

2.Subsection (9) of Section 32.12 entitled “Prohibited Practices” of the Madison General Ordinances is amended to read as follows:

”(9)No landlord may set a deadline for notice of intent to renew a rental agreement that is less than one third (1/3) through the lease period. This provision does not apply if a lease period is less than nine (9) months. Landlord and Tenant shall enter into a Non Standard Rental Provision, in the manner prescribed in Sec. 32.07(14)(f), Madison General Ordinances, that provides that Landlord will not enter into an agreement to rent the leased premises to another tenant for the subsequent lease period until after the date specified in the Non Standard Rental Provision. This provision does not apply if a lease period is less than nine (9) months Nothing in this subsection shall prohibit a landlord from mitigating their damages after an eviction or a lease termination.
(a)If Landlord and Tenant fail to enter into a Non Standard Rental Provision regarding showing premises for rental purposes, then it is presumed that the parties to the lease intend that the Landlord will not rent the leased premises to another tenant for a subsequent lease period until after one fourth (1/4) of the lease period has passed.