WSLL @ Your Service January 2026
Contents
Tenants & Landlords: Winter Issues - Daphne Goldfinch
Can I be evicted during the winter months?
While there are federal and state laws requiring a moratorium on the suspension of heat or other utilities during the winter, there is no law prohibiting the start of an eviction action or the removal of a tenant following a judgment of eviction at any time of the year. The state has prohibited local eviction moratoriums under Wis. Stat. 66.1010.
Who is supposed to shovel and de-ice the parking lot and walkways?
It can be difficult to identify whether the landlord or the tenant is responsible for clearing snow and ice from surfaces around the property. A lease or rental agreement may establish which party is required to perform these duties. In situations where there is no lease, the Tenant Resource Center article "Snow and Ice" recommends using other clues to determine who is responsible, such as whether the tenant also leases the exterior areas of the building or if they are already responsible for mowing the yard. Typically, the landlord or management of a building with multiple units - where each tenant only leases their individual apartment - is responsible for snow and ice maintenance.
Local, state, and federal laws may impact snow and ice removal. Many local ordinances in WI dictate fines for failing to remove snow within a certain time period. Check local ordinances to learn about your municipality’s regulations. Landlords and building managers may also wish to review WI Open Housing Law (Wis. Stat.106.50), which provides for "reasonable accommodations" to be made for tenants with disabilities, and the federal American with Disabilities Act. Disability Rights Wisconsin has published a fact sheet about snow removal that may be helpful for tenants seeking disability accommodations related to snow and ice removal.
When should I turn on the building’s heat?
The WI Department of Agriculture, Trade, and Consumer Protection’s "Landlord Tenant Guide" includes " heating facilities serving the dwelling unit [that] are not in safe operating condition, or are not capable of maintaining a temperature of at least 67° F during all seasons of the year the unit may be occupied" as a condition that a landlord must disclose to the tenant prior to entering a lease or other rental agreement. See also Wis. Admin. Code ATCP 134.04(2)(b)2.
It is also important to note that public utility providers cannot disconnect an apartment’s heat source anytime between November 1st and April 15th, as noted in the "Utility Customer Bill of Rights" from the WI Public Service Commission (WI Admin. Code PSC 113.0304).
I have a month-to-month lease. Can I move during the winter?
Sometimes, a landlord will include a winter "no-go" clause in the lease for a periodic tenancy. The Tenant Resource Center notes that there are a few different ways to look at this type of amendment, based on which WI law is examined. Looking at either Wis. Stat. 704.15, about automatic renewal, or Wis. Stat. 704.44(3m), focusing on lease re-rental and mitigation, may indicate that the landlord is acting illegally or that the lease itself is illegal, respectively.
On the other hand, Wis. Stat. 704.19 provides the procedure for terminating a periodic tenancy or tenancy-at-will. Although notice is required according to this section, the law also indicates that the notice requirement can be amended if "The parties have agreed expressly upon another method of termination and the parties’ agreement is established by clear and convincing proof" (Wis. Stat. 704.19(2)(a)1). In a previously agreed upon written lease, it may be possible for this to include a winter "no-go" clause.
Jury Instructions Update
The Wisconsin Civil and Criminal Jury Instructions have been updated for November/December 2025. The Wisconsin Jury Instructions are created and edited by the Wisconsin Jury Instructions Committees of the Wisconsin Judicial Conference.
The Criminal Jury Instruction update includes 54 revised instructions, 4 new instructions, and 1 withdrawn instruction. This set was last updated in July 2025.
The Civil Jury Instruction update includes 10 revised instructions, 6 revised and renumbered instructions, and 21 new instructions. This set was last updated in February 2025.
There are no new Children’s instructions released at this time.
The printable releases can be downloaded at any time from the "Update releases" pages under each jury instruction title. Blank pages have been inserted to make double sided printing easier. Complete printable files of each instruction set and finding aids are also available for those who need to print a complete set. Download them at https://wilawlibrary.gov/jury/
For information on the status of the Committee's work, please contact Bryce Pierson at bryce.pierson@wicourts.gov.
Sign up for Flexible Library Hours
The Wisconsin State Law Library offers After Hours subscription access to the Lavinia Goodell State Law Library to any attorney licensed to practice in this state. After Hours Service lets attorneys enter the library any time between 7:00 to 8:30 a.m. and 4:30 to 10:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. Saturday and Sunday, including holidays.
Subscribers have access to the library's print and microform materials, public access computer stations, and Wi-Fi. Make photocopies, use the public scanner to email documents, and check out library materials after hours.
After Hours Service is offered on a calendar year subscription basis. Each attorney must maintain their own individual subscription. A fee of $100 is charged to renew your subscription now, or sign up for a new subscription. New subscriptions may take up to 2 weeks to process before your access begins. New for 2026, photo ID access cards are issued to every participating subscriber, and are used to enter the library.
Renew or subscribe online, or complete an After Hours Service first-time subscription or renewal application form and mail it with a check or money order payable to Wisconsin State Law Library, to:
After Hours Service
Wisconsin State Law Library
P.O. Box 7881
Madison, WI 53707-7881
For more information, contact Jaden Henneman at 608-261-7553 or at Jaden.Henneman@wicourts.gov.
New Books - Noelle Brasch
New Book! Artificial Intelligence: legal issues, policy, and practical strategies edited by Cynthia Cwik, Christopher Suarez, and Lucy Thomson
Call number: KF 390.5 .C6 A78 2024
With AI rapidly developing and impacting the legal world, this book tries to cover a wide range of relevant topics. Artificial Intelligence provides practical advice with regard to ethics, risks and challenges, as well as potentially helpful AI tools. Take a look at this title if you are interested in learning how to navigate the complexities of AI and the law.
Topics include:
- Governance and ethics
- AI and the courts
- IP issues
- Risks related to AI use
- European perspectives
New Book! Nolo’s encyclopedia of everyday law: answers to your most frequently asked legal questions
Call number: KF 387 .N65 2023
Are you looking for concise explanations to everyday legal questions? Check out the newest edition of Nolo’s Encyclopedia of Everyday Law. With current and accurate information on a variety of legal issues, this is a great resource to start with.
Topics include:
- Workplace rights
- Landlord tenant law
- Wills and estate planning
- Family law
- Patents
See our latest New Titles list for a list of new books and other resources.
For assistance in accessing these or other resources, please contact our Reference Desk.
Tech Tip - Heidi Yelk
Alternate Side Parking Reminders to Your Phone
Many cities implement alternate side parking or other rules during winter months or during snow emergencies. To take the guess work out of where to park, some cities offer daily text messages or emails. This reminder can help avoid confusion and parking tickets. Check your city's website to see if they offer this service. Some larger cities with text message reminders include: Milwaukee, Madison, La Crosse, Sun Prairie and Beloit. Some cities, such as Middleton, provide parking calendars on their website.
Library News - Carol Hassler
In remembrance
It is with deep sorrow that we remember two librarians who passed away in December.
Dennis Austin worked at the State Law Library for 27 years, retiring in 1997. While at the library, Dennis shared his great love of history with staff and library visitors alike. Longtime staff remember Dennis as possessing a terrific sense of humor, and always ready to help a coworker. Dennis was instrumental in researching and preserving the history of the law library, an interest which culminated in an extensively detailed legislative history of the library.
Jamie Neuendorf worked at the Milwaukee County Law Library for 8 years, joining our library in 2017. We remember Jamie as a coworker and as a friend, who was dedicated to helping people to navigate the court system through her work at the library. Jamie played a key role in maintaining library services at the courthouse during the COVID-19 pandemic, and worked to reopen the space to the public.
Free lunch & learn for attorneys
Join the Office of Lawyer Regulation and Paula Davis, J.D., MAPP, CEO and Founder of The Stress & Resilience Institute, for a free webinar on Leading Well in Law: Mindsets to Engage, Retain and Inspire Your Team. This session is APPROVED for 1.0 CLE/LAU, and is a live webinar. For 15 years, Paula Davis has been a trusted advisor to leaders in organizations of all sizes helping them to make work better. Paula is a globally recognized expert on the effects of workplace stress, burnout prevention, workplace well-being, and building resilience for individuals and teams.
January closures
Our libraries are closed on Monday, January 19 in observance of Martin Luther King Jr. day. To ask a question while we're closed, please leave a message at our reference phone line (608) 267-9696, or send an email to wsll.ref@wicourts.gov.
January Snapshot
Lake Winnebago
Lake Winnebago is Wisconsin's largest inland lake, covering 215 square miles. Its shores touch three counties: Calumet, Winnebago and Fond du Lac. Ice fishing tournaments in Wisconsin are heating up in January and February, with several on Lake Winnebago, including the giant Battle on Bago on Feb. 20-21. That same weekend, the high school ice fishing state championship will take place in the Stevens Point / Wausau area. To find a fishing tournament in your area, visit the DNR's Fishing Tournaments page and calendar of events.
We are accepting snapshots! Do you have a photo highlighting libraries, attractions or points of historical interest? Send your photo to the editor at carol.hassler@wicourts.gov to be included in a future issue.
