A Wisconsin sublease agreement allows an existing tenant to bring in a new occupant while staying responsible under the original lease. This type of agreement supports a seamless transition between tenants, keeps the incoming party aligned with the original terms, and ensures the property owner oversees a lawful rental setup.
Does a tenant need a landlord’s permission to sublease in Wisconsin?
Wisconsin tenants hold no automatic right to sublease, so a tenant must secure the landlord’s written consent before bringing in a subtenant. Wisconsin Statutes Section 704.09 governs assignment and subletting and gives landlords the authority to require consent.
A landlord maintains clear expectations when the rental contract outlines subleasing within the linked Wisconsin lease agreement. To address subleasing in future leases, property owners often use a legally reviewed lease agreement builder to draft the contract on their behalf.
Information to Include in a Wisconsin Sublease
Landlords benefit when they treat subleases the same way they handle standard rental agreements. The following list outlines the key information landlords should include within a Wisconsin sublease:
Names of landlord and sublessor: Include the full legal names of the property owner and the tenant who arranges the sublease so that every party understands who is responsible.
Rental unit address: Provide the complete street address of the rental unit to clearly identify the space covered under the sublease terms.
Length of the sublease agreement: Specify the start and end dates to confirm the exact duration of the sublease and avoid disputes about timing.
Rent amount: State the monthly rent the subtenant must pay and note any additional charges the parties agree to include.
Division of utilities: Explain how the parties divide each utility and attach any supporting documents, such as a landlord-tenant utility agreement, when needed.
Security deposit information: Detail the deposit amount, the conditions for a return, and reference the security deposit laws in Wisconsin to support compliance.
Maintenance protocols: Outline who handles repairs, how the parties report issues, and provide helpful resources, such as rental property maintenance, to clarify expectations.
Property policies: List the rules the subtenant must follow, including standards for noise, parking, guests, and any other requirements the landlord sets for the property.
Early termination terms: Describe the situations that allow either party to end the sublease early and note any fees or notice requirements included in the agreement.
Landlord’s right to entry: Clarify when the property owner may enter the rental property and outline any notice the landlord must give under Wisconsin law.
Renter’s insurance: State whether the subtenant must carry insurance and explain the level of coverage the landlord expects during the sublease period.
Landlord’s consent to sublease: Confirm the landlord’s approval of the sublease and restate the expectations the subtenant must follow under the original lease terms.
Subtenant’s obligation to comply with the master lease: Make clear that the subtenant must follow all rules in the original lease and honor the expectations the property owner has already set.
Move-in condition checklist: Document the unit’s condition at the start of the sublease and attach a move-in condition report to record any existing issues.
Emergency contact information: Provide accurate contact details for emergencies so the landlord and subtenant can respond quickly when urgent situations arise.
Guest policy: Outline how long guests may stay, when approval is required, and the standards the landlord expects visitors to follow on the property.
Copy of the master lease: Include the entire original lease so the subtenant understands all obligations related to the rental.
Signatures: Gather all required signatures and give the parties the option to e-sign the agreement to speed up the process.
Additional attachments: Add any extra documents the landlord wants to include, such as pet rules, parking details, or inspection reports that support the sublease.
Taxes Implications for Short-Term Subleases
Short-term subleases in Wisconsin are subject to state sales tax when the rental period is fewer than 30 days, which aligns with state rules for lodging offered to the public. Property owners should note that the state may add this tax to the total rental charge for qualifying short-term stays.
Wisconsin landlords also benefit from reviewing local short-term lodging or room taxes, since many cities and counties impose additional rates on top of the state requirement.
For example, in Milwaukee, taxes may include:
- Wisconsin State Sales Tax – 5%
- Milwaukee County Basic Room Tax – 3%
- City of Milwaukee Room Tax – 7%
