[HISTORY: Adopted by the Village Board of the Village of Argyle as indicated in article histories. Amendments noted where applicable.]
Article I Fraud on Residential Landlords
[Adopted 12-7-2005 as Title 11, Ch. 3, Sec. 11-3-11, of the 2005 Village Code]
Any person who, with intent to defraud, does any of the following shall be guilty of violating this article:
Intentionally absconds without paying rent that has been contractually agreed upon in an oral or written lease with a landlord. Prima facie evidence of intentionally absconding will be established if a tenant fails to pay rent due prior to the vacating of the rental premise by the tenant, and the nonpayment of said rent continues for a period of five days after vacation of the premises; or
Issues any check, money order or any other form of bank or monetary draft as a payment of rent, where such document lacks sufficient funds, where the account is closed, or where such draft is unredeemable in any other form or fashion. Prima facie evidence of intention to defraud will be established if a tenant fails, within five days of a written demand by the landlord or agent, to pay in full the total amount of the draft presented as rent payment plus any bank charges to the landlord attributable to the unredeemability of the draft.
This article shall apply to rental agreements between residential landlords and tenants only. The words and terms used in this article shall be defined and construed in conformity with the provisions of Ch. ATCP 134, Wis. Adm. Code, Ch. 704, Wis. Stats., and § 990.001(1), Wis. Stats. The act of service by a landlord of a legal eviction notice or notice to terminate tenancy shall not, in itself, act as a bar to prosecution under this article.
An officer may issue a citation only when the complainant provides the following:
The name and current address of the tenant, a copy of the subject lease agreement, or sworn testimony of the terms of the subject oral lease.
The amount of rent due, the date it was due, the date the tenant actually vacated the premises, and testimony that the rent remained unpaid for not less than five days after vacating and that the tenant did not notify or attempt to notify the complainant of the tenant's new address, or that the tenant knowingly gave the complainant a false address.
As to an unredeemable payment, the document used for attempting rent payment, the written demand for payment of the full amount plus bank charges, proof that the tenant received the written demand, and testimony that at least five days have elapsed since the demand was received and no payment has been made.