A Wisconsin residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
These disclosures are required for some or all Wisconsin residential lease agreements:
| Disclosure | Applicable To |
|---|---|
| Landlord’s Name and Address | All Units |
| Utilities | Units Where Utilities Aren’t Included |
| Shared Utilities | Units with Shared Utility Meters |
| Check-In | All Units |
| Pre-Existing Damages | All Units Charging a Security Deposit |
| Domestic Abuse | All Units |
| Nonstandard Provisions | Leases with Nonstandard Provisions |
| Code Violations | Units with Outstanding Code Violations |
| Lead Paint | All Units Built Before 1978 |
Applicable to all Wisconsin rentals.
Wisconsin leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information. [1]
Applicable to Wisconsin rentals which do not bundle utilities with the rent.
Wisconsin leases must disclose if they do not include water, heat, or electricity in the rent. A landlord cannot collect rent or a security deposit without this disclosure. [2]
Applicable to any Wisconsin rental with submetering or shared utility meters.
Wisconsin rentals which share a utility meter for the whole building or property must disclose how utility charges are billed to individual tenants. A landlord may charge separately for utilities through the installation of a submetering system, use a ratio billing system, or any other chosen method for apportioning charges. [3]
This is an example of a shared utility arrangement disclosure:
UTILITIES: This rental unit shares the following utilities with another unit or common area:
[ ] Electricity
[ ] Water
[ ] Gas
[ ] Sewage
[ ] Other:__________This lease uses the following method for calculating utility charges between Tenant(s):
[ ] Home Square Footage
[ ] Number of Tenants
[ ] Even Split Between Tenants
[ ] Other:___________________________________________________________Tenant agrees to pay the monthly utility charge to Landlord, plus a $__ service charge as part of each month’s rental payment.
Applicable to all rental units.
Wisconsin requires that before move-in landlords must provide a check-in sheet, also known as a move-in checklist, listing the rental property’s features and existing damages. This enables accurate deductions from the security deposit upon move-out. A new tenant must take inventory of the property and return the sheet to the landlord within 7 days after the lease begins. [4]
Applicable to any Wisconsin rental charging a security deposit.
Wisconsin landlords must provide notice to potential tenants of the right to inspect the rental property for damage. Tenants may request a checklist of damages charged to the previous tenant, and the landlord must also disclose whether these damages were addressed within seven days of the beginning of tenancy. [5]
This is an example of a pre-existing damages disclosure:
RIGHT TO INSPECTION AND PRE-EXISTING DAMAGES. Tenant(s) possesses a right to inspect the premises for defects within 7 days of lease commencement. Tenant(s) may also request a receipt of the previous tenant’s security deposit charges and their status upon the commencement of the new lease.
Applicable to all Wisconsin rentals.
Wisconsin landlords must provide notice that victims of domestic abuse have special rights as tenants. This notice must appear in the rental agreement or as an addendum. [6]
This is the text the notice must contain:
NOTICE OF DOMESTIC ABUSE PROTECTIONS. As provided in section 106.50 (5m) (dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following:
(a) A person who was not the tenant’s invited guest.
(b) A person who was the tenant’s invited guest, but the tenant has done either of the following:
1. Sought an injunction barring the person from the premises.
2. Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant’s guest.
A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes. If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency.
A tenant is advised that this notice is only a summary of the tenant’s rights and the specific language of the statutes governs in all instances.
Applicable to Wisconsin rentals where the landlord and tenant agree to nonstandard lease provisions.
Wisconsin leases which agree to nonstandard rental provisions (such as the landlord having the right to enter without notice) must place these provisions in a document clearly titled “NONSTANDARD PROVISIONS” alongside the lease. The landlord must identify and discuss each provision with the tenant and both parties must sign or initial the document to show a valid agreement. [7]
Applicable to Wisconsin rentals with known violations affecting habitability.
Wisconsin landlords or building managers aware of any existing code violations on the rental property must disclose these violations to the tenant (typically in the text of the lease). Attaching a copy of the citation for the violation counts as adequate disclosure.
Violations include habitability issues and any other general threats to tenant health and safety, including (but not limited to) the following: [8] [9]
Applicable to any rental units built before 1978.
For any property built before 1978, federal law requires that a Wisconsin residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:
The following lease agreement disclosures and addenda are not required by Wisconsin law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. Wisconsin has no restrictions on late fees or fees for returned checks. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Wisconsin landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Some Wisconsin cities, like Milwaukee, have more comprehensive rules than the statewide standard. Always check local laws.
Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
According to recent Wisconsin caselaw, a landlord who voids a lease by attempting to include prohibited provisions must return to the tenant ALL rent paid during the entire tenancy. [10]
(1) Identification of landlord or authorized agents.
(a) The landlord shall, except as provided under par. (c), disclose to the tenant in writing, at or before the time a rental agreement is entered into, the name and address of:
1. The person or persons authorized to collect or receive rent and manage and maintain the premises, and who can readily be contacted by the tenant; and
2. The owner of the premises or other person authorized to accept service of legal process and other notices and demands on behalf of the owner. The address disclosed under this subdivision shall be an address within the state at which service of process can be made in person.
(b) A landlord shall keep tenants informed of changes, if any, in the information required under par. (a). The landlord shall mail or deliver written notice of each change within 10 business days after the change occurs.
If charges for water, heat or electricity are not included in the rent, the landlord shall disclose this fact to the tenant before entering into a rental agreement or accepting any earnest money or security deposit from the prospective tenant.
If individual dwelling units and common areas are not separately metered, and if the charges are not included in the rent, the landlord shall disclose the basis on which charges for utility services will be allocated among individual dwelling units.
A landlord shall provide to a new residential tenant when the tenant commences his or her occupancy of the premises a check-in sheet that the tenant may use to make comments, if any, about the condition of the premises. The tenant shall be given 7 days from the date the tenant commences his or her occupancy to complete the check-in sheet and return it to the landlord. The landlord is not required to provide the check-in sheet to a tenant upon renewal of a rental agreement.
(a) Before a landlord accepts a security deposit, or converts an earnest money deposit to a security deposit under s. ATCP 134.05, the landlord shall notify the tenant in writing that the tenant may do any of the following by a specified deadline date which is not less than 7 days after the start of tenancy:
1. Inspect the dwelling unit and notify the landlord of any preexisting damages or defects.
2. Request a list of physical damages or defects, if any, charged to the previous tenant’s security deposit. The landlord may require the tenant to make this request, if any, in writing.
(b) If a tenant makes a request under par. (a) 2., the landlord shall provide the tenant with a list of all physical damages or defects charged to the previous tenant’s security deposit, regardless of whether those damages or defects have been repaired. The landlord shall provide the list within 30 days after the landlord receives the request, or within 7 days after the landlord notifies the previous tenant of the security deposit deductions, whichever occurs later.
A residential rental agreement shall include the following notice in the agreement or in an addendum to the agreement:
(c) A rental agreement may include a nonstandard rental provision authorizing a landlord to enter a tenant’s dwelling unit at reasonable times, under circumstances not authorized under par. (a) or (b). The landlord shall include the nonstandard provision, if any, in a separate written document entitled “NONSTANDARD RENTAL PROVISIONS” which the landlord provides to the tenant. The landlord shall specifically identify and discuss the nonstandard provision with the tenant before the tenant enters into any rental agreement with the landlord. If the tenant signs or initials the nonstandard rental provision, it is rebuttably presumed that the landlord has specifically identified and discussed that nonstandard provision with the tenant, and that the tenant has agreed to it.
Before entering into a rental agreement or accepting any earnest money or security deposit from the prospective tenant, the landlord shall disclose to the prospective tenant:
(a) Any building code or housing code violation to which all of the following apply:
1. The landlord has actual knowledge of the violation.
2. The violation affects the dwelling unit that is the subject of the prospective rental agreement or a common area of the premises.
3. The violation presents a significant threat to the prospective tenant’s health or safety.
4. The violation has not been corrected.
(b) The following conditions affecting habitability, the existence of which the landlord knows or could know on basis of reasonable inspection, whether or not notice has been received from code enforcement authorities:
1. The dwelling unit lacks hot or cold running water.
2. Heating facilities serving the dwelling unit are not in safe operating condition, or are not capable of maintaining a temperature, in all living areas of the dwelling unit, of at least 67° F (19° C) during all seasons of the year in which the dwelling unit may be occupied. Temperatures in living areas shall be measured at the approximate center of the room, midway between floor and ceiling.
3. The dwelling unit is not served by electricity, or the electrical wiring, outlets, fixtures or other components of the electrical system are not in safe operating condition.
4. Any structural or other conditions in the dwelling unit or premises which constitute a substantial hazard to the health or safety of the tenant, or create an unreasonable risk of personal injury as a result of any reasonably foreseeable use of the premises other than negligent use or abuse of the premises by the tenant.
5. The dwelling unit is not served by plumbing facilities in good operating condition.
6. The dwelling unit is not served by sewage disposal facilities in good operating condition.
…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.
How Long Can a Residential Lease Be in Wisconsin? Depending on circumstances, in Wisconsin it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year. Read more » Is a Contract to Lease Binding in Wisconsin? Yes, a contract to lease is legally binding in Wisconsin. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term. Read more » Do Lease Agreements Need to Be Notarized in Wisconsin? No, lease agreements do not need to be notarized in Wisconsin. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid. Read more » Can a Lease Automatically Renew in Wisconsin? Yes, a lease can automatically renew in Wisconsin. Most rental agreements will automatically renew when the initial tenancy period is over. Past this point, the lease becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease. Read more »
