A Wisconsin rental agreement is a legal contract between a landlord overseeing a rental property and a tenant using the property. Wisconsin landlord-tenant law governs and regulates these agreements.
Wisconsin Rental Agreement Types
A Wisconsin roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
Common Residential Rental Agreements in Wisconsin
- Wisconsin REALTORS® Association Residential Lease – This template is for members of the Wisconsin REALTORS® Association. It is in common use throughout Wisconsin. The lease includes provisions relating to guests, domestic abuse, and electronic forms of notice and communication.
Wisconsin Required Residential Lease Disclosures
- Landlord’s Name and Address (required for all leases) – Wisconsin requires that landlords provide their name and address (or their agent’s) in a lease agreement. This helps ensure smooth communication and payment of rent in the event of any unusual situations. Typically includes additional contact information for the landlord and authorized agents, such as phone numbers and email addresses.
- Utility Disclosure (required for some leases) – Wisconsin landlords must specify any utilities paid for by the tenant, to alert them of this responsibility.
- Shared Utility Arrangements (required for some leases) – Wisconsin properties which share a utility meter with other units must disclose terms for how to divide utility costs up. This ensures tenants receive fair charges and understand what uses contribute to their bill.
- Move-In Checklist (required for all leases) – Wisconsin leases must provide a move-in checklist (sometimes called a “check-in sheet”) outlining any flaws in the condition of the rental property. This sheet must be returned within 7 days of move-in. The landlord must keep the sheet until deductions are complete at the end of the lease.
- Pre-Existing Damages Disclosure (required for some leases) – Wisconsin leases must advise tenants of their inspection rights. The state grants new tenants the right to inspect a residence for seven days when beginning a new lease. Tenants also may request a receipt of any damages billed to the previous tenant.
- Notice of Domestic Abuse Protections (required for all leases) – All Wisconsin leases must incorporate a specific notice from the domestic abuse protection law. This advises tenants they have a right to end their lease early in certain abuse cases.
- Nonstandard Rental Provision Disclosure (required for some leases) – Any nonstandard Wisconsin leasing procedures, such as terms of notice upon entry, must be outlined in a separate attachment. This must be titled “NONSTANDARD PROVISIONS” and signed by all parties. A landlord may otherwise have a hard time enforcing these provisions.
- Code Violation Disclosure (required for some leases) – Wisconsin landlords must disclose any known code violations that pose a health risk and exist at the beginning of the tenancy.
- Lead-Based Paint Disclosure (required for some leases) – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
To learn more about required disclosures in Wisconsin, click here.
Wisconsin Landlord Tenant Laws
- Warranty of Habitability – Wisconsin landlords landlords can only rent out habitable property. This means providing certain basic health and safety features like heat, plumbing, and electricity. Landlords must complete any required repairs promptly, after getting proper notice. Failure to repair lets a tenant reduce rent payments or terminate the lease. Full rent withholding isn’t allowed, nor repairing and deducting.
- Evictions – Wisconsin landlords may evict tenants for a number of reasons such as failure to pay rent, lease violations, or illegal acts. The notice and grace period depend on the eviction type (notice to pay, comply, or quit). Eviction usually takes between 2-16 weeks depending on complexity.
- Security Deposits – Wisconsin law does not limit the amount of a security deposit. When a lease ends, the landlord must return any unused portion of a tenant’s deposit within 21 days.
- Lease Termination – Wisconsin tenants may end a month-to-month lease with 28 days of advance notice. Terminating a fixed-term lease early usually requires landlord harassment, unit uninhabitability, active military duty, or domestic abuse.
- Rent Increases and Fees – Wisconsin does not limit the amount or timing of a rent increase. State law also sets no limit on a fee for late payment, so late fees are decided by the lease. Returned check fees are restricted to “all reasonable costs and expenses in connection with the collection,” with a statewide default of $15.
- Landlord Entry – Wisconsin landlords may enter rental property for reasonable business purposes, like maintenance and inspections. Except in emergencies, they must provide at least 12 hours of advance notice.
- Settling Legal Disputes – Wisconsin lets small claims courts hear landlord-tenant disputes, as long as the amount in controversy is under $10,000.
To learn more about landlord tenant laws in Wisconsin, click here.
Sources
- 1 Koble v. Marquardt, App. No. 2022AP182 at 46 (Wi. App. April 23, 2024)
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…when a transaction [including a covenant to rent] is void, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount and shall be entitled to recover any sums paid to the merchant pursuant to the transaction.
Source Link - 2 Wis. Stat. § 403.414(7)
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A person who issues a check or other draft that is not honored upon presentment, because the drawer does not have an account with the drawee or because the drawer does not have sufficient funds in his or her account or sufficient credit with the drawee, is liable for all reasonable costs and expenses in connection with the collection of the amount for which the check or draft was written, except recovery is not permitted under this section if a person licensed under s. 138.09 or 138.14 or any other person collected or could have collected a charge for that check or other draft under s. 422.202 (1) (d) or (2m).
Source Link - 3 Wis. Stat. § 422.202(1)
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In addition to the finance charge permitted by this subchapter, a merchant may bargain for and receive… With respect to a consumer credit transaction which is other than one pursuant to an open-end credit plan and which is entered into on or after May 17, 1988, a charge not to exceed $15 for each check presented for payment to a creditor which is returned unsatisfied because the drawer does not have an account with the drawee, does not have sufficient funds in his or her account or does not have sufficient credit with the drawee.
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