Wisconsin Residential Lease Agreement

Introduction

A Wisconsin lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. This document outlines key legal requirements, landlord obligations, tenant rights, and essential provisions under Wisconsin law governing residential rental agreements.

Required Disclosures

Landlord and Agent Identification

Wisconsin law requires landlords to disclose in writing, at or before entering into a rental agreement, the name and address of: (1) the person(s) authorized to collect rent and manage/maintain the premises who can readily be contacted by the tenant; and (2) the owner of the premises or other person authorized to accept service of legal process on behalf of the owner, with an in-state address where service can be made in person. ^[1] Written notice of any changes must be mailed or delivered within 10 business days after the change occurs. This requirement does not apply to owner-occupied structures containing no more than 4 dwelling units.

Building Code Violations

Before entering into a rental agreement or accepting any earnest money or security deposit, landlords must disclose any building code or housing code violation where: (1) the landlord has actual knowledge of the violation; (2) it affects the dwelling unit or common area; and (3) it presents a significant threat to the tenant's health or safety. ^[2] The violation must not have been corrected.

Check-In Inspection and Damage Disclosure

Before a landlord accepts a security deposit, they must notify the tenant in writing that the tenant may inspect the dwelling unit and notify the landlord of any preexisting damages or defects by a specified deadline date which is not less than 7 days after the start of tenancy. ^[3] Tenants may also request a list of physical damages or defects charged to the previous tenant's security deposit, and if requested, the landlord must provide this list regardless of whether those damages have been repaired. The property owner must provide a check-in form at move-in and a check-out form at move-out, and if they do not, they cannot withhold money from the security deposit for damages or cleaning.

Lead-Based Paint Disclosure

For properties built before 1978, landlords must disclose the presence of any known lead-based paint hazards and provide tenants with an EPA-approved pamphlet about lead paint. ^[4] This is a federal requirement that applies to all states, including Wisconsin.

Utility Charges and Shared Meters

If individual dwelling units and common areas are not separately metered, and if the charges are not included in the rent, the landlord must disclose the basis on which charges for utility services will be allocated among individual dwelling units. ^[5] This disclosure must be made at or before the rental agreement is entered into.

Security Deposits

Maximum Amount and Interest

Wisconsin state law does not set a statutory maximum limit for security deposits. Landlords may charge any amount they deem appropriate. Additionally, there is no legal requirement for landlords to collect or pay interest on security deposits held.

Permitted Withholding Reasons

When a landlord returns a security deposit to a tenant after the tenant vacates the premises, the landlord may withhold from the full amount of the security deposit only amounts reasonably necessary to pay for: ^[6]

• Tenant damage, waste, or neglect of the premises (except normal wear and tear)***
• Unpaid rent for which the tenant is legally responsible***
• Payment that the tenant owes under the rental agreement for utility service provided by the landlord but not included in the rent***
• Payment that the tenant owes for direct utility service provided by a government-owned utility, to the extent that the landlord becomes liable for the tenant's nonpayment

Normal Wear and Tear Exclusion

Wisconsin law explicitly prohibits landlords from withholding any amount from a security deposit for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible under applicable law. ^[7]

Return Timeline

A landlord must deliver or mail to a tenant the full amount of any security deposit paid by the tenant, less any amounts that may be withheld, within 21 days after: ^[8]

• If the tenant vacates on the termination date of the rental agreement, the date on which the rental agreement terminates***
• If the tenant vacates or is evicted before the termination date, the date on which the tenant's rental agreement terminates or, if the landlord rerents the premises before the tenant's rental agreement terminates, the date on which the new tenant's tenancy begins***
• If the tenant vacates or is evicted after the termination date, the date on which the landlord learns that the tenant has vacated the premises

Itemized Statement Requirement

If any portion of a security deposit is withheld, the landlord must deliver or mail to the tenant a written statement accounting for all amounts withheld. ^[9] The statement must describe each item of physical damages or other claim and the amount withheld as reasonable compensation for each item. No landlord may intentionally misrepresent or falsify any claim against a security deposit, including the cost of repairs.

Nonstandard Rental Provisions

A rental agreement may include one or more nonstandard rental provisions that authorize the landlord to withhold amounts from the tenant's security deposit for reasons not specified in the standard withholding categories. ^[10] Any such nonstandard rental provisions must be provided to the tenant in a separate written document entitled "NONSTANDARD RENTAL PROVISIONS."

Rent Payment Terms

Late Fees

Wisconsin has no statutory limits on late fees, but they must be reasonable. A late fee of $20 or 20% of the monthly rental amount, whichever is greater, is presumed reasonable under Wis. Stat. 704.90(4b). ^[11] Late fees must be clearly stated in the lease agreement. Some local ordinances, such as in the City of Madison, impose additional restrictions (e.g., a 5% cap on late fees).

Nsf/returned Check Fees

There is no Wisconsin law forbidding returned check fees or limiting the amount that landlords can charge for non-sufficient funds (NSF) checks. The fee should be specified in the rental agreement, and while unlimited by statute, excessively high fees could potentially be challenged as unreasonable.

Landlord's Right to Enter

General Entry Requirements

The tenant has the right to exclusive possession of the premises. The landlord may upon advance notice and at reasonable times inspect the premises, make repairs, and show the premises to prospective tenants or purchasers. ^[12] Wisconsin law requires landlords to give tenants at least 12 hours' written notice before entering the rental unit for non-emergency situations.

Emergency Entry

If the tenant is absent from the premises and the landlord reasonably believes that entry is necessary to preserve or protect the premises, the landlord may enter without notice and with such force as appears necessary. ^[12] This applies to emergencies such as fires, gas leaks, or floods.

Duration of Entry

Landlords may enter a dwelling unit during tenancy only for the amount of time reasonably required to inspect the premises, make repairs, or show the premises to prospective tenants or purchasers. ^[13] These requirements don't apply if the tenant requests or consents in advance to the entry.

Landlord Obligations and Repairs

Duty to Maintain and Repair

Except for repairs made necessary by the negligence of or improper use of the premises by the tenant, the landlord has a duty to keep in a reasonable state of repair portions of the premises over which the landlord maintains control and all equipment under the landlord's control necessary to supply services such as heat, water, elevator, or air conditioning. ^[14] This section applies to all residential tenancies, and any agreement to waive these requirements in a residential tenancy is void.

Tenant's Remedy: Rent Abatement

If the landlord fails to fulfill repair duties and the tenant is deprived of use of the premises, the tenant has the remedy of rent abatement to the extent of the deprivation. ^[15] However, this section does not authorize rent to be withheld in full if the tenant remains in possession, and it does not provide a private cause of action. An ordinance regulating rent abatement shall permit abatement only for conditions that materially affect the health or safety of the tenant or substantially affect the use and occupancy of the premises.

Tenant Alterations

The tenant may make no physical changes in the nature of the premises, including decorating, removing, altering or adding to the structures thereon, without prior consent of the landlord. ^[16]

Lease Termination

Termination Without Cause (month-To-Month)

To terminate a month-to-month tenancy without cause, at least 28 days' notice must be given. ^[17] Notice must be in writing and substantially inform the other party of the intent to terminate the tenancy and the date of termination. The Wisconsin Department of Agriculture, Trade and Consumer Protection has taken the position that any notice period more than 28 days is illegal.

Termination for Non-Payment of Rent

If a month-to-month tenant fails to pay rent when due, the landlord must give at least 5 days' notice requiring the tenant to pay rent or vacate. ^[18] If the tenant has been given prior notice within one year, the landlord can give a 14-day notice to vacate while the tenant is in default.

Termination for Lease Violations

For waste, material violations, or breach of covenant (other than rent), the landlord can give a 5-day notice to remedy the default or vacate. ^[18] Alternatively, the landlord can give a 14-day notice to vacate without opportunity to remedy.

Additional Provisions

Applicable Laws

This lease agreement is governed by Wisconsin Statutes Chapter 704 (Landlord and Tenant) and Wisconsin Administrative Code ATCP 134 (Residential Rental Practices). Local ordinances may impose additional requirements or restrictions.

Modifications

This document is a general guide to Wisconsin landlord-tenant law. Specific lease agreements should be tailored to the unique circumstances of each rental arrangement and should comply with all applicable federal, state, and local laws. Consult with a qualified attorney for legal advice specific to your situation.