Wisconsin Standard Residential Lease Agreement

A Comprehensive Legal Guide

1. Introduction

A Wisconsin standard residential lease agreement is a legally binding document that establishes the terms and conditions of a rental arrangement between a landlord and tenant. ^[1] This comprehensive agreement outlines all essential provisions governing the tenancy, including rent payments, lease duration, security deposits, and the landlord's rules regarding the use of the property.

In Wisconsin, landlord-tenant relations are primarily regulated by Wisconsin Statutes Chapter 704 (Landlord and Tenant) and Wisconsin Administrative Code Chapter ATCP 134 (Residential Rental Practices). ^[2] The standard lease term is typically one year, though month-to-month and other periodic tenancies are also common.

Legal Framework

Wisconsin's residential rental laws provide comprehensive protections for both landlords and tenants. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) enforces ATCP 134, which establishes specific requirements for residential rental practices. ^[3]

Key Statutory Provisions:

• Chapter 704: Governs landlord-tenant relationships, including lease formation, termination, repairs, and eviction procedures
• ATCP 134: Establishes disclosure requirements, security deposit rules, prohibited practices, and tenant protections
• Wis. Stat. 106.50: Provides fair housing protections prohibiting discrimination

Required Disclosures

Wisconsin law mandates several disclosures that landlords must provide to tenants before entering into a rental agreement or accepting any earnest money or security deposit:

1 Agent/landlord Identification

The landlord must disclose in writing the name and address of: (1) the person(s) authorized to collect rent and manage the premises who can be readily contacted by the tenant; and (2) the owner of the premises or a representative authorized to accept service of legal process and notices. ^[4] This requirement does not apply to owner-occupied structures containing no more than 4 dwelling units.

2 Building and Housing Code Violations

Before entering into a rental agreement, the landlord must disclose any building or housing code violation that: (a) the landlord has actual knowledge of; (b) affects the dwelling unit or common areas; (c) presents a significant threat to the tenant's health or safety; and (d) has not been corrected. ^[5]

3 Utility Charges Disclosure

Landlords must disclose in writing whether tenants are required to pay utilities, and if the property contains multiple units that are not individually metered, how utility charges will be divided among tenants. ^[6]

4 Move-In/move-Out Checklist

If a security deposit is required, tenants have 7 days after the start of tenancy to inspect the premises and notify the landlord of any defects by returning a completed check-in sheet. ^[7] Before accepting a security deposit, tenants must be informed of their right to inspect the property and request a list of damages charged to the previous tenant's security deposit.

5 Lead-Based Paint Disclosure

For properties built before 1978, federal law (42 U.S.C. 4852d) requires landlords to: (1) disclose any known lead-based paint hazards; (2) provide all available records and reports regarding lead-based paint; (3) give tenants the EPA pamphlet "Protect Your Family From Lead in Your Home"; and (4) include a Lead Warning Statement in the lease. ^[8]

6 Notice of Domestic Abuse Protections

Wisconsin Statute 704.14 requires that specific language informing tenants of their rights regarding domestic abuse must appear in the lease agreement or as an addendum. ^[9] This notice informs victims of domestic abuse, sexual assault, or stalking of their defense against eviction and their right to terminate the lease under certain circumstances. A lease that does not include this required notice is void and unenforceable under Wis. Stat. 704.44(10).

7 Security Deposit Receipt

If a tenant pays the security deposit in cash, the landlord must provide a written receipt stating the nature and amount of the payment. A receipt is not required for check payments bearing a notation describing the purpose of the payment. ^[10]

Security Deposit Laws

1 Maximum Amount

Wisconsin has no statutory limit on the amount a landlord can charge for a security deposit. However, any payment exceeding one month's prepaid rent is considered part of the security deposit under ATCP 134.02(11). ^[11]

2 Return Timeline

The landlord must return the security deposit within 21 days after: (1) the date on which the tenant's rental agreement terminates; or (2) the date on which a new tenant's tenancy begins, if the landlord re-rents the premises before the original tenant's rental agreement terminates, whichever comes first. ^[12]

3 Permissible Deductions

Landlords may deduct from the security deposit for:

• Unpaid rent
• Physical damage caused by the tenant or guests (beyond normal wear and tear)
• Utility bills paid by the landlord on behalf of the tenant

4 Written Statement Required

If there are any deductions from the security deposit, the landlord must furnish the tenant with a written statement itemizing the amounts withheld and the reasons for each deduction. ^[14]

5 Penalties for Violations

If a landlord fails to return a security deposit in compliance with ATCP 134, the tenant is entitled to recover twice the amount of the deposit, together with court costs and reasonable attorney fees, pursuant to Wisconsin Statutes section 100.20(5). ^[15]

6 Interest on Deposits

Wisconsin state law does NOT require landlords to pay interest on security deposits.

Rent Payment Laws

1 Grace Period

Wisconsin has no statutory grace period for rent payments. Rent is due on the date specified in the lease agreement, and tenants who pay even one day late put themselves at risk of having their tenancy terminated.

2 Late Fees

Wisconsin has no statutory limit on late fees. However, any late fee charged must be specified in the rental agreement, and excessive charges could potentially be challenged as unreasonable.

3 NSF (bounced Check) Fees

While Wisconsin Statute 422.202(1)(d) authorizes merchants to collect up to $15 for NSF checks, there is no specific statutory limit on NSF fees in the landlord-tenant context. Any NSF fee must be specified in the rental agreement to be enforceable. ^[16]

4 Rent Increases

Wisconsin has no rent control laws limiting the amount of a rent increase. For fixed-term leases, landlords cannot raise rent during the lease term unless the lease specifically allows for increases. For month-to-month tenancies, landlords must provide proper notice before increasing rent.

Landlord Obligations

1 Repairs and Habitability

Under Wisconsin Statute 704.07, landlords have a duty to:

• Keep in reasonable repair all portions of the premises over which the landlord maintains control
• Keep in reasonable repair all equipment necessary to supply services the landlord has agreed to furnish (heat, water, elevator, air conditioning, etc.)
• Comply with local building and housing codes affecting health and safety

An agreement to waive these requirements in a residential tenancy is void. ^[17]

2 Entry and Access

Landlords have the right to inspect, repair, and show the dwelling unit at reasonable times. Except for emergency situations, the landlord may enter only after providing 12 hours advance notice unless the tenant allows entry on shorter notice or agrees to a different timeline in the rental agreement. ^[18]

3 Promises to Repair

Promises to repair made by a landlord before the initial rental agreement must be provided to the tenant in writing, including a completion date. ^[19]

Tenant Obligations

Under Wisconsin law, tenants are generally responsible for:

• Paying rent on time as specified in the lease agreement
• Routine minor repairs (unless otherwise agreed)
• Complying with maintenance and sanitation requirements imposed by local housing codes
• Paying for damages caused by the tenant or guests
• Following all rules and terms of the rental agreement

^[20]

Termination and Eviction

1 Termination of Month-To-Month Tenancy

For month-to-month tenancies, either the landlord or tenant may terminate the rental agreement by giving written notice at least 28 days before the next rent due date. ^[21]

2 Fixed-Term Lease Termination

A six-month or one-year lease typically terminates automatically at the end of the lease term unless the rental agreement specifies otherwise. If the lease provides for automatic renewal unless the tenant gives advance notice, the landlord must remind the tenant of this provision 15-30 days before the notice deadline. ^[22]

3 Early Lease Termination

If a tenant breaks a lease by moving out early, they may be obligated to pay for the remainder of the term. However, the landlord has a legal duty to mitigate damages by making reasonable efforts to find a substitute tenant. ^[23]

4 Eviction Notice Requirements

Under Wisconsin Statute 704.17, landlords may terminate a tenancy for nonpayment of rent or breach of lease using the following notices: ^[24]

5-Day "Cure" Notice: Gives the tenant 5 days to cure the violation (pay rent or correct breach) or vacate. If cured, tenancy continues.

14-Day Notice: Specifies that the tenancy has ended with no option to cure. For month-to-month tenancies, landlords may serve this notice directly. For fixed-term leases, this notice may only be served if the tenant has previously received a 5-day notice within the past 12 months for the same type of violation.

28-Day Notice: Required to end a month-to-month tenancy without cause.

5 Prohibited Landlord Actions

Landlords may NOT engage in self-help eviction. The following actions are prohibited: ^[25]

• Confiscating tenant's personal belongings
• Turning off utilities
• Locking the tenant out of the apartment
• Using force to remove the tenant

Only the county sheriff may physically remove a tenant from the premises, and only after a court has issued an eviction order.

Fair Housing Protections

Under Wisconsin's Fair Housing Law (Wis. Stat. 106.50), all persons shall have equal opportunity for housing regardless of: ^[26]

• Race or color
• Sex (including gender identity)
• Sexual orientation
• Religion
• National origin or ancestry
• Disability
• Marital status
• Family status (families with children under 18, pregnant women)
• Age (for persons at least 18 years old)
• Lawful source of income
• Status as a victim of domestic abuse, sexual assault, or stalking

The Wisconsin Fair Housing Law applies to most housing, including rental properties, single and multi-family homes, apartments, condominiums, mobile homes, and manufactured homes.

Tenant Remedies for Uninhabitable Conditions

If the premises become untenantable due to damage by fire, water, or other casualty, or because of a condition hazardous to health, or if there is a substantial violation of the landlord's repair obligations materially affecting health or safety, the tenant may: ^[27]

• Remain in possession while the landlord promptly repairs
• Vacate if repair, rebuilding, or hazard elimination would impose undue hardship
• Report defects to local building or health inspectors

Special Considerations

1 Written Lease Agreements

Rental agreements are not required to be in writing under Wisconsin law. However, if there is a written rental agreement, the landlord must provide the tenant an opportunity to review it before deciding to rent, and a copy must be provided at the time of signing. ^[29]

2 Earnest Money Deposits

If an earnest money deposit is required with a rental application, the landlord must return the entire deposit by the end of the next business day if the application is rejected. If approved as a tenant but the prospective tenant decides not to rent, the landlord may withhold actual costs or damages from the deposit. ^[30]

3 Wrongful Holdover

If a court determines that a tenant has wrongfully overstayed their tenancy, the landlord could be awarded twice the amount of rent, prorated on a daily basis, for each day the tenant unlawfully occupies the premises. ^[31]

4 Condemned Property

Landlords may not advertise or rent condemned property. ^[32]

How to Create a Wisconsin Residential Lease

Step 1: Verify Tenant Qualifications

Use a rental application to verify the prospective tenant's credit history, employment, income, and rental background. Landlords may charge a fee for credit checks in compliance with ATCP 134.05(3).

Step 2: Prepare Required Disclosures

Before signing the lease, ensure all required disclosures are prepared: landlord/agent identification, code violations, utility charges, move-in checklist, lead-based paint disclosure (if pre-1978), and domestic abuse notice addendum.

Step 3: Draft the Lease Agreement

Include all essential terms: names of parties, property address, lease term, rent amount and due date, security deposit amount, rules and regulations, and any additional provisions compliant with Wisconsin law.

Step 4: Review with Tenant

Provide the tenant an opportunity to review the lease and all disclosures before signing. Answer any questions and clarify terms as needed.

Step 5: Execute the Agreement

Both parties sign and date the lease. Provide copies to the tenant. If accepting a security deposit in cash, provide a written receipt.

Step 6: Conduct Move-in Inspection

Within 7 days of tenancy start, complete the move-in inspection checklist with the tenant to document the property's condition.