Even if you’re welcoming a family member to live in your home for an extended period, consider using a room rental agreement in Wisconsin. Landlords use clear, written Wisconsin lease agreements to avoid disputes and keep everyone accountable. Without one, you may have to chase late rent and deal with avoidable issues.
In this helpful guide, we’ll cover everything you need to know about room rental agreements. We’ll discuss rental laws and best practices for renting a room, including using property management software to streamline the process. Let’s get started.
Room Rental Laws
Just like a traditional lease, landlord-tenant laws in Wisconsin govern room rentals. Here’s a quick snapshot of your legal responsibilities as a landlord in the Badger State:
- Provide and maintain safe, habitable housing.
- Notify tenants before entering their room.
- Make all mandatory disclosures.
- Avoid landlord harassment, such as shutting off essential utilities or showing up unannounced.
Next, we’ll review Wisconsin room rental agreement contract formats, mandatory disclosures, and must-know rental regulations.
Different Types of Room Rental Agreements in Wisconsin
You can create a room rental agreement using the following contract types:
- Verbal agreement: Many landlords use word-of-mouth agreements, but we don’t recommend them. They often cause tension, disputes, and confusion.
- Fixed-term lease: Because these written contracts specify start and end dates, they offer stability and clarity.
- Month-to-month lease: Flexible “tenancy at will” leases automatically renew each month, and both parties can terminate them at any time.
In summary, select a lease agreement format that makes sense for your relationship with the tenant and the tenancy’s length. Don’t forget to determine whether you want flexibility or stability.
Required Landlord Disclosures
Every Wisconsin room rental agreement must include these seven mandatory disclosures:
- Lead-based paint: If you’re leasing a property constructed before 1978, tell tenants about all lead-based paint and related hazards (42 U.S.C. § 4852d).
- Landlord contact information: Give tenants the landlord or property manager’s name and address (Wis. Adm. Code § 134.04).
- Move-in checklist: Provide a move-in checklist documenting the property’s features and condition. Tenants must return the checklist to the landlord within 7 days (Wis. Adm. Code § 134.06).
- Code violations: Inform tenants about any code violations before signing the rental contract (Wis. Adm. Code § 134.04).
- Non-standard lease terms: Tell tenants if you include non-typical language in your lease (Wis. Adm. Code § 134.09).
- Shared utilities: If rental units share utilities, outline the specific billing process in the rental agreement (Wis. Adm. Code § 134.04).
- Domestic abuse: Share Wisconsin’s specific language explaining the rental laws protecting domestic abuse victims (Wis. Stat. § 704.14).
Next, we’ll recap the legal guidelines that govern every room rental agreement in Wisconsin.
Security Deposit Rules
Maximum security deposit: Wisconsin law doesn’t cap how much landlords can charge for security deposits.
Security deposit receipt: If tenants pay their security deposit in cash or request a receipt, you must provide them with a written receipt (Wis. Adm. Code § 134.03).
Deduction tracking: Give tenants a written statement of all deductions, listing the specific item and its cost within 21 days of move-out (Wis. Adm. Code § 134.06).
Security deposit return: Wisconsin landlords must return the security deposit, along with an itemized statement of deductions, within 21 days (Wis. Stat. § 704.28).
Pet deposits: You can’t charge a non-refundable pet deposit for a room rental agreement in Wisconsin (Wis. Adm. Code § 134.02).
Rent Payment Rules
Late rent fees: Landlords may charge a reasonable late fee if the outline the conditions in their contract (Wis. Adm. Code § 134.09).
Right to withhold rent: Tenants may withhold rent when serious health and safety violations render the unit unlivable (Wis. Stat. § 704.07).
Grace period: Wisconsin law doesn’t define a grace period for late rent.
Pet rent: State law doesn’t regulate pet rent.
Rent Payment Increase Rules
Rent payment increase frequency: Landlords can’t raise rent during a fixed-term room rental agreement unless the lease permits it.
Rent payment increase maximum: Wisconsin law doesn’t limit rent increases.
Rent control/stabilization: State law prohibits local rent regulation (Wis. Stat. § 66.1015).
Room Rental Agreement Breaches
Failure to pay: Landlords can initiate eviction proceedings if tenants fail to pay rent. However, you must give either a 5-Day, 14-Day, or 30-Day Notice to Pay or Quit, depending on the contract type (Wis. Stat. § 704.17).
Lease violations: If a tenant breaks the lease, you can seek to terminate the tenancy via eviction. However, you must provide proper notice (Wis. Stat. § 704.17).
Self-help evictions: Wisconsin law prohibits landlords from locking tenants out of their rooms, shutting off utilities, or removing the tenant’s belongings to force them out (Wis. Adm. Code § 134.09).
Terminating a Room Rental Agreement
Month-to-month: Landlords or tenants can end a month-to-month lease by giving the other party at least 28 days’ notice (Wis. Stat. § 704.19).
Fixed-term: If you end a fixed-term agreement early without legal cause, you may be liable for penalties (Wis. Stat. § 704.03).
Room abandonment: If tenants move out without notifying you, they terminate their agreement early. However, they may still owe unpaid rent (Wis. Stat. § 704.28).
Tenant’s right to terminate: Tenants can end their lease early if a household member faces an imminent threat of physical harm by another tenant or neighbor. However, they must notify their landlord in compliance with state law (Wis. Stat. § 704.16).
Landlord Access Laws
Immediate access: Wisconsin landlords may enter a tenant’s room without notifying the tenant for extreme emergencies, such as a serious leak or fire (Wis. Stat. § 704.05).
Landlord harassment: You can’t interrupt a tenant’s quiet enjoyment of their room by entering without permission or repeatedly showing up unannounced. (Wis. Adm. Code § 134.09).
Advance notice: State law requires landlords to give at least 12 hours’ notice before entering the room (Wis. Stat. § 704.05).
Lease Agreement Renewal and Termination
Required renewals: If you didn’t add a continuation clause to your fixed-term agreement, you don’t have to renew it (Wis. Stat. § 704.15).
Required notice: Month-to-month tenancies automatically renew at the end of each period. If you want to terminate the agreement, you must give at least 28 days’ written notice (Wis. Stat. § 704.19).
Month-to-month considerations: If a fixed-term agreement ends and your tenant continues renting their room, state law treats the tenancy as a month-to-month agreement (Wis. Stat. § 704.03).
In summary, comply with these laws to reduce risk, avoid disputes, and stay organized. We also recommend leveraging property management software to make the rental process stress-free and simple.
Room Rental Agreement Wisconsin FAQs
What to include in a Wisconsin room rental agreement?
Every room rental agreement in Wisconsin must include the following:
- Mandatory disclosures
- Payment responsibilities, including rent and security deposits
- House rules and responsibilities
How do I legally rent out a room?
Create a room rental agreement form using the information outlined in this guide.
How to make a Wisconsin room rental agreement?
Customize your room rental lease using our printable PDF template.
