Wisconsin law does not grant tenants, by default, the right to sublease. Instead, they must have explicit, written consent from the landlord to do so. If such consent was not included in the lease, the landlord reserves the right to deny future requests.
Does a Tenant Need the Landlord’s Permission to Sublet in Wisconsin?
A tenant in Wisconsin does need to receive a landlord’s explicit written consent to sublet. This consent can be found either in the original lease agreement or another separately signed agreement.
Even if permission to sublet is granted, a landlord is allowed to screen potential subtenants and deny them for legally acceptable reasons.
Tenants interested in subletting should start by reviewing the lease agreement to see what language it includes about subleasing. The four most common scenarios of sublease language in a lease agreement are:
- A clause strictly prohibiting subletting
- A clause requiring a landlord’s written permission to sublease
- A clause allowing a tenant to sublease (without additional permission)
- No language or clause whatsoever about the permission to sublease
1. Lease Clause Strictly Prohibiting Subletting
“The Landlord and Tenant agree that the Tenant shall not have the express and unqualified rights to sublease the rental premise.”
A signed lease might explicitly disallow a tenant’s ability to sublet. If so, then the tenant would need to ask the landlord for an amendment to the lease.
2. Lease Clause Requiring Landlord’s Permission
“The Tenant shall not assign or sublet any part of the leased premises without prior written consent of the Landlord.”’
While subletting is permitted in this scenario, the tenant must first obtain written consent from the landlord before doing so. However, the landlord reserves the right to deny such permission at their discretion.
3. Lease Clause Allowing Tenant to Sublease Without Additional Permission
“The Landlord and Tenant agree that the Tenant shall have the express and unqualified rights to sublease the rental premise.”
When there is a lease provision explicitly allowing the tenant to sublease the property without the landlord’s permission, then the tenant may do so. Depending on the lease clause, the tenant may not even have to inform the landlord of the subletting.
4. Entire Lease Containing No Mention of Subleasing
A tenant will not be able to sublet without first receiving the landlord’s permission.
Can a Landlord Prohibit a Tenant from Subletting in Wisconsin?
Unless prior written consent has already been granted, a landlord can prohibit a tenant from subletting in Wisconsin. A landlord reserves the right to deny any and all future requests from a tenant to sublease.
A denial for a future subtenant may occur if the landlord believes the individual would not be able to meet the financial obligations in leasing the premises. Moreover, a landlord might deny a future subtenant if the landlord believes they are of bad reputation and would put the landlord in a worse position.
When a lease explicitly allows subletting, a landlord’s only option to prohibit subletting would be to amend the existing lease or sign a separate agreement, which would require both parties to agree.
What Rights do Subletting Tenants have in Wisconsin?
A tenant who subleases (“subtenant”) has the same rights and responsibilities as the original tenant. This means the subtenant is treated the same as any other tenant under Wisconsin law when it comes to rights such as privacy, health and safety standards of a rental unit and due process for an eviction.
However, a subtenant may not sue the original tenant’s landlord. The subtenant must sue the original tenant, who will then sue the landlord if the issue is caused by the landlord (and isn’t remedied in a timely manner after being properly notified).
A landlord will most likely deduct the cost of damages caused by the subtenant from the original tenant’s security deposit. When this occurs, the original tenant would have to file a claim against the subtenant to recover the lost security deposit.
Subtenant Rights in Illegal Sublets
Subtenants in illegal sublets do not automatically have the legal right to break the terms of their sublease. Even if the landlord did not consent to the sublease, the contract may still be considered valid between the subtenant and tenant.
Legal actions against an illegal subtenant will generally take the form of an eviction. A landlord will give an illegal subtenant 5 days to vacate the premises, unless the lease states otherwise. If the illegal subtenant does not leave, the landlord will be able to file a claim in Wisconsin Small Claims Court, where the filing fee is $94.50, plus service fees.
What are the Consequences for Illegally Subletting in Wisconsin?
If a tenant subleases their unit without the landlord’s explicit written permission, the tenant is in breach of their lease. In Wisconsin, a lease violation permits a landlord to evict the tenant and subtenant (starting with a 5 Day Notice to Comply or Vacate) and to sue the original tenant for any resulting damages.
In addition to the landlord, the subtenant also may have grounds to take legal action if the original tenant sublet the unit illegally.
Evictions for Illegally Subletting in Wisconsin
Landlords in Wisconsin must provide the tenant a chance to fix the lease violation, such as illegally subletting. A landlord must provide the tenant with a 5 Day Notice to Comply or Vacate.
These eviction notice types give the original tenant 5 calendar days to take action (move out or fix the issue). Once the notice expires, if the tenant has not taken the required action, the landlord may then proceed with the second step of the eviction process, which entails filing a petition with the county court. This next step in the eviction process takes about 2-4 months.
