New Carbon Monoxide Detector Notice Forms Available at Wisconsin Legal Blank

As I mentioned in my previous post, as of February 1, 2011 a new Wisconsin law requiring owners of single family and two-family properties throughout Wisconsin (including owner-occupied properties) went into effect.

In light of this new law, I have drafted a new Carbon Monoxide Detector Notice form that landlords can give to their tenant's that explains the new law and provides both the tenant and the landlord with notice as to what their respective responsibilities are under the new law. This new form is now available for purchase at Wisconsin Legal Blank Company, Inc.

I have also renamed prior carbon monoxide detector notice form for multi-unit properties which has been available since April of 2010,and is also sold at Wisconsin Legal Blank.

The new form addressing the new law is entitled "Carbon Monoxide Detector Notice: Single and Two-Family Dwellings." The older form for multi-unit buildings has been renamed "Carbon Monoxide Detector Notice: Multi-Unit Properties."

Carbon Monoxide Detector Law for Single Family Homes and Duplexes To Take Effect Feb. 1st

The new state law requiring that carbon monoxide detectors be installed in all single family homes and duplexes takes effect on February 1, 2011.

The law requires that a functional CO2 detector be installed in the basement and on each floor (except the attic, garage or storage area) of each property. This law can be found at sec. 101.647 of the Wisconsin Statutes. The only exception to this would be if the building has all-electric heat and electric appliances and no attached garage. Here is my prior post on this new law.

Here is a link to a recent Journal Sentinel article on the topic.

If you will recall, carbon monoxide detectors were required to be installed in multi-family buildings back in April of 2010. The law reagarding CO2 detectors in multi-family units is codified in sec. 101.149, Wis. Stats.

If you are looking for a carbon monoxide detector form to distribute to your tenants, Wisconsin Legal Blank Co. is currently selling the form that sets forth the law regarding multi-family buildings. A form detailing the carbon monoxide detector law for single-family homes and duplexes will be available in the near future for those landlords renting out singles and deuces.

New Carbon Monoxide Detector Notice Form (and Others) Available at Wisconsin Legal Blank

I have recently completed drafting 3 new forms that Wisconsin Legal Blank Co., Inc. now has available for purchase that should assist landlords and property managers with their rental units..

The new forms are:

1. Carbon Monoxide Detector Notice:

As of April 1, 2010, state law requires that an owner of a residential property must install a carbon monoxide detector in various locations within the property. This new notice sets forth the state requirements as to where the detectors must be located. The notice also alerts owners that state law requires the owner maintain the detector. The new law, which can be found at Sec. 101.149, Wis. Stats., also requires a tenant to provide an owner with written notice if the carbon monoxide detector is not working. Once the owner receives this notice s/he has 5 days to repair or replace the carbon monoxide detector.

This new form sets forth all of the pertinent requirements under the new law and acknowledges that the the owner has complied with this law. A tenant's signature on the form acknowledges that the detectors in the rental unit are working and that the tenant is aware that they must notify the owner in writing should any detector stop working or not work properly.

2. Miscellaneous Complaint Form:

This document will provide landlords with a standardized form that s/he can use and provide to all tenants so that if a tenant has a complaint it can be documented properly in writing.

As we all know, it is easier for a landlord to monitor and address tenants complaints if they are provided in writing. Additionally, a tenant will often testify in court that they didn't pay rent becasue the landlord failed to remedy some problem in the unit which the landlord was never notified of. If a landlord has a policy and procedure in place to provide all tenants with blank written complaint forms at the outset of the tenancy and require them to document any complaints in writing, the fact that a tenant failed to provide written notice of a problem (when a form was provided) should help to avoid those "he said - she said" situations in court.

3. Rent Promotion/Concession Agreement:

With the recession in full force, I have noticed that many of my clients and other landlords are offerring new tenants some form of concession in order to induce them to move-in. A common problem that I have noticed with the self-drafted promotion/concession agreements that are being used, is that many of them are not clear and do not accurately set forth the agreement. For example, many of the agreements that I have seen do not clearly state that if the tenant does not perform all obligations under the rental agreement for the term of the lease, that the concession will be forfeited. Failure to have this clearly stated in any concession agreement will allow the tenant to receive the benefits of the concession (such as first month's rent free or reduced rent for first month's rent) and still break or breach the lease.

It is my hope that with this form, landlords will at the very least have the necessary language to use -- if they wish to offer a concession or promotion -- so that should the tenant vacate prior to the end of the rental term, or be evicted prior to the rental term, or if the tenant's tenancy is terminated by the landlord for any reason, that the tenant will forfeit ther rent concession.

I have been working on some additional forms for WLB that should be available in the near future -- I will let you know when they are ready.

Landlords Will Be Required To Install Carbon Monoxide Detectors In Single Family and Duplex Rentals

A new bill was recently passed by the Wisconsin Senate that will require landlords that rent out single-family homes and duplexes to install carbon monoxide detectors on all floors of these dwellings by Febraury 1, 2011.

Senate Bill 415 was passed 69-27 via voice vote after the Assembly previously passed the bill by a 2/3's margin. You can read the entire history of the bill here. It is anticipated that the Governor will sign the bill.

SB 415 requires the owner of most buildings that contain one or two dwelling units to install a carbon monoxide detector in the basement and on each floor of the dwelling unit except for the attic.

Additionally, the bill requires that if the tenant notifies the owner in writing that a detector is not working properly, that the owner must perform the necessary maintenance to repair the detector or replace it within 5 days after receipt of the notice by the tenant.

The bill also exempts an owner for any liability for any false alarms or from the failure of the detector to work properly if its failure was due to tampering, as long as the owner reasonably maintained the detector.

Existing 1 and 2 unit dwellings will be allowed to use battery operated carbon monoxide detectors.

A carbon monoxide detector is not required to be installed if the unit does not have an attached garage, has no fireplace, and has no fuel-burning appliances.

Finally, the bill authorizes a building inspector to inspect new dwellings, and if requested to do so by the owner or tenant, to inspect the interior of an existing rental unit to ensure that the owner has complied with the requirements set forth in this bill.

This new law will become effective as of February 1, 2011 and will be contained in Section 101.647 of the Wisconsin Statutes.

Please remember that the carbon monoxide law that affects rentals that include 3 units or greater goes into effect April 1, 2010. This law can be found in Sec. 101.149, of the Wisconsin Statutes. ADDED 3/1/10: These regulations were issued as emergency rules by the Department of Commerce, Safety and Building Division, as required 2007 Wisconsin Act 205 (in April 2008). The Wisconsin Department of Commerce's brochure on this law is very informative.

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Thanks to Atty. Heiner Giese for forwarding this information to me.