[HISTORY: Adopted by the Village Board of the Village of
Argyle as indicated in article histories. Amendments noted where applicable.]
[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:
A.
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
B.
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:
A.
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.
B.
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.
C.
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.
