this section are invalid except in leases for more than one year.
704.17(5)(b)(b) Provisions in any lease or rental agreement for termination contrary to sub. (3m) are invalid.
704.17 HistoryHistory: 1981 c. 286; 1993 a. 139, 486; 1995 a. 267; 2005 a. 281; 2011 a. 143; 2015 a. 176; 2017 a. 317, ss. 43 to 45, 54.
704.17 AnnotationOnly a limited number of defenses may be raised in an eviction action, including defenses as to the landlord’s title to the premises and whether the eviction is in retaliation for the tenant’s reporting housing violations, but not including violations of federal antitrust and state franchise laws—as well as public policy defenses. Clark Oil & Refining Corp. v. Leistikow, 69 Wis. 2d 226, 230 N.W.2d 736 (1975).
704.17 AnnotationAbsent notice of termination, the violation of the terms of a lease that required landlord permission for long-term guests did not result in the tenants losing their rights to possession of the property. Consequently, the tenants’ guests were on the premises with the legal possessor’s permission and were not trespassers. Johnson v. Blackburn, 220 Wis. 2d 260, 582 N.W.2d 488 (Ct. App. 1998), 97-1414.
704.17 AnnotationFederal law, 42 USC 1437d (l) (6), preempts the right-to-remedy provision of sub. (2) (b) when a public housing tenant is evicted for engaging in “drug-related criminal activity” within the meaning of 42 USC 1437d (l). A right to cure past illegal drug activity is counter to Congress’ goal of providing drug-free public housing and is in conflict with Congress’ method of achieving that goal by allowing eviction of tenants who engage in drug-related criminal activity. Milwaukee City Housing Authority v. Cobb, 2015 WI 27, 361 Wis. 2d 359, 860 N.W.2d 267, 13-2207.
704.17 AnnotationA lease that prohibited the “use