A Wisconsin lease agreement does more than spell out the rent amount and due date. Whether you’re leasing a Milwaukee duplex or a cabin up north, the right lease agreement helps make sure you follow all state laws and protects your investment.
Disclosures (8)
Wisconsin law requires landlords to provide tenants with specific information before their move-in. These disclosures provide clarity for tenants and help avoid costly disputes down the road.
- Lead-based paint: Federal law requires landlords to disclose any information on lead-based paint in the rental, as well as its hazards, for homes built before 1978.
- Move-in checklist: Wisconsin landlords must provide tenants with a checklist that outlines the condition of the rental at move-in. Landlords use this checklist when tenants move out to compare conditions and calculate deductions (WI Adm. Code § 34.06(1)).
- Code violations: Landlords must tell tenants if they know of any building or housing code violations (WI Adm. Code § 134.04(2)).
- Domestic abuse: Wisconsin provides landlords with language for a disclosure outlining the state’s protections for victims of domestic abuse that they can include in their lease agreement (WI Stat. § 704.14).
- Shared utilities: Landlords must disclose in the lease if they include utilities in the rent. If not, and if any units share a utility meter, landlords must outline how they split the charges among tenants (WI Adm. Code § 134.04(3)).
- Landlord’s name and address: The Wisconsin lease agreement must include the name of the landlord or the person responsible for managing the rental (WI Adm. Code § 134.04(1)).
- Utility: Before accepting a security deposit, landlords must disclose if they do not include water, heat, or electricity in the rent (WI Adm.. Code § 134.04(3)).
- Nonstandard rental provisions: Any Wisconsin rental agreement that includes nonstandard provisions must include them in writing, and all parties must sign to agree to them (WI Adm. Code § 134.09).
Optional Disclosures and Addenda
While not required by law, these optional disclosures can help avoid trouble down the road. Adding details provides clarity for your tenants and protects your investment.
Asbestos: Informs tenants of any asbestos-related hazards in the unit, as well as strategies to minimize exposure to these hazards.
Bed bugs: informs tenants of any known or suspected bed bug infestations in the unit or in adjacent units.
Late/returned check fees: Outlines late and returned check fees regarding rent payments. In Wisconsin, there is no limit on what landlords can charge as a late fee. Returned check fees are typically $15 per check, under Wisconsin law (WI Stat. § 403.414(7), WI Stat. § 422.202(1)).
Medical marijuana use: Details the policy regarding the use of medical marijuana in the rental, including any restrictions or limitations.
Mold disclosure: Informs tenants of any known or suspected mold issues in the unit, along with information on available treatment options.
Non-refundable fees: If landlords charge any non-refundable fees, they must clearly outline them in the Wisconsin lease agreement.
Smoking: Outlines the smoking policy in the rental and informs tenants of designated smoking areas on the property that do not interfere with other tenants’ use of the premises.
Consequences of Not Including Mandatory Disclosures
If you fail to include one of the mandatory disclosures in your Wisconsin lease agreement, there can be serious consequences. Penalties can range from tenant disputes to legal consequences and fines, and many leases are unenforceable without the mandatory disclosures.
Security Deposit Regulations in Wisconsin
Landlords collect a security deposit from their tenants to help offset any potential expenses related to unpaid rent or damages caused by the tenant. Wisconsin state law provides clear guidelines regarding security deposits, including the amount that they can charge and the timeframe for returning the funds.
Maximum amount: Wisconsin law does not limit the amount landlords can charge as a security deposit.
Deposit receipt: Landlords are not required to give tenants a receipt for their security deposit payment.
Security deposit return: Wisconsin landlords must return a tenant’s security deposit, minus any deductions, within 21 days of lease termination (§ 134.06).
Deductions: If a landlord withholds any deductions from the security deposit, they must provide tenants with an itemized list of said deductions with receipts to justify the deduction (§ 134.06).
Rent Payment Regulations
Wisconsin doesn’t have rent control laws, but landlords must still adhere to state guidelines on late fees, grace periods, and other matters. Here’s what you need to know about rent payment regulations in the Badger State.
Rent control/stabilization: Rent control and rent stabilization do not exist in Wisconsin.
Late rent fees: Wisconsin does not limit the amount landlords can charge tenants as a late fee, but the fee must be reasonable and clearly outlined in the lease.
Grace period: Wisconsin does not have a mandated grace period for late rent payments.
Tenant’s right to withhold rent: If a landlord fails to remedy a hazard that poses a threat to the tenant’s health or safety, a tenant may withhold rent (WI Stat. § 704.07(4)).
Violations
From unpaid rent to lease breaches, violations can occur with even the most responsible tenants. Wisconsin law outlines the procedures landlords must follow in the event of a violation, as well as the rights of both tenants and landlords.
Lease violation: In the event of a lease violation, landlords may issue tenants a 5-day Notice to Comply or a 14-day Notice to Quit. They are not required to allow the tenant to cure the violation (WI Stat. § 704.17(2)(b)).
Missed rent payment: For a missed rent payment, the landlord may send a 5-day Notice to Pay or Quit, allowing the tenant 5 days to catch up on rent. If they miss another rent payment within 12 months, the landlord can issue a 14-day Notice to Quit and terminate the lease (WI Stat. § 704.17(2)(a)).
Lease abandonment: If the tenant abandons their lease before the end of its term, they are still financially responsible for the remainder of the lease. The landlord must make a reasonable effort to re-rent the unit; once this occurs, the tenant is no longer financially obligated (WI Stat. § 704.17(2)(a)).
Self-help evictions: Landlords should never attempt self-help evictions in Wisconsin, as they are illegal state-wide.
Terminating a Lease
When it’s time to move on, ending your lease isn’t as simple as just taking back the keys. Whether the lease is a standard lease or a month-to-month arrangement, landlords must comply with state laws when terminating a Wisconsin lease agreement.
Standard lease: Tenants can terminate their lease early if they meet certain conditions, such as active duty military service, domestic violence, or landlord harassment (WI. Stat. § 704.07(4)).
Month-to-month: Landlords and tenants can terminate a month-to-month lease by providing 28 days’ written notice to the other party (WI. Stat. § 704.19(3)).
Property abandonment: If a tenant leaves behind any property, the landlord must store the items for 7 days and return them immediately when asked (WI. Stat. § 704.05).
Renewing a Lease
Renewing a lease can be an opportunity to hold onto quality tenants and update your lease terms, but there are specific rules that landlords must follow.
Notice requirements: For a month-to-month lease, landlords must give tenants 28 days’ written notice if they do not intend to renew the lease. For a standard lease, landlords are not required to provide notice, unless otherwise specified in the Wisconsin lease agreement (Wis. Stat. § 704.19(3)).
Required renewals: Wisconsin landlords are not required to renew a tenant’s lease agreement at the end of its term.
Landlord’s Access to Property
Occasionally, landlords must enter the unit, whether for an emergency or routine maintenance and repairs. Finding the balance between your right to maintain your property and your tenant’s right to privacy can go a long way toward building trust in the relationship with your tenant.
Immediate access: In the case of an emergency, landlords may enter a property without giving notice (WI Stat. § 704.05(2)).
Notice requirements: Wisconsin landlords must give tenants at least 12 hours’ notice before entering the unit, and they can only enter at a reasonable time and for an acceptable reason (WI Adm. Code § 134.09(2)).
Harassment: If a landlord fails to follow these laws, the tenant may sue for damages, withhold rent, or even terminate the lease early (WI Stat. § 704.07(4)).
