Wisconsin Rental Application

What information should landlords collect?

A Wisconsin rental application gives landlords their first chance to screen potential tenants and gather key information, including:

• Names of the applicant and any co-applicants
• Contact information
• Employment and income history
• Rental history
• Smoking status
• References
• Current and previous residences
• Vehicle information
• Pet information

Looking for a simple way to get started? Use our free online rental application template to streamline your screening process.

Pre-Screener

One of the first things a landlord will do to vet renters is put them through a pre-screener questionnaire designed to pre-qualify (or pre-deny) interested parties before having them fill out a Wisconsin rental application.

The questions may include details such as:

• Contact information
• Employment status
• Income
• Self-reported credit score
• Desired move-in date
• Number of people the applicant will live with
• Pets
• Smoking

Important note: Though pre-screeners are a great way to narrow down leads efficiently, they are not a suitable alternative for exhaustive rental applications.

Federal Application Laws

Both state and federal laws govern Wisconsin rental applications. Below is some information about the federal laws that apply to these applications:

Fair Housing Act (FHA)

The Fair Housing Act makes it illegal for landlords to discriminate against rental applicants based on protected characteristics such as race, color, religion, national origin, sex, disability, and familial status.

These rules apply to everyone involved in the rental process, including landlords, property managers, and their employees. The law also protects applicants from discriminatory advertising, unfair denials, and unequal terms in rental agreements.

Equal Credit Opportunity Act (ECOA)

The Equal Credit Opportunity Act prevents landlords from discriminating against applicants who receive public assistance and belong to protected classes such as race, religion, sex, or age.

It also governs how landlords can evaluate rental applications and use credit checks, ensuring they apply consistent and fair standards to all applicants.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act prevents landlords from rejecting a rental applicant because of a disability. It also requires landlords to use inclusive, non-discriminatory language and ensure that listings and applications are accessible to individuals with disabilities.

Landlords must make reasonable accommodations when needed, which includes allowing tenants to modify the living space for accessibility, as long as the tenant covers the cost and restores the unit to its original condition after moving out (§ 106.50(2r)).

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act regulates how landlords use credit reports during tenant screening. It requires landlords to get written permission from the applicant before running a credit check.

If a landlord denies an application based on information in the credit report, the FCRA also requires them to notify the applicant and explain the reason for the denial.

Civil Rights Act of 1866

The Civil Rights Act of 1866 forbids landlords from discriminating against prospective or current tenants based on race.

Wisconsin Application Laws

The Wisconsin Open Housing Law builds on the Fair Housing Act and prevents landlords from discriminating against current or prospective rental applicants based on race, disability, sexual orientation, religion, and other protected categories (§ 106.50).

Source of income: Wisconsin landlords cannot deny an applicant based on how they earn their income (as long as it’s legal). Housing vouchers and government assistance both count as income and cannot be used by landlords as a reason for denial (§ 106.50).

Criminal history: Landlords in Wisconsin can legally consider criminal history when evaluating a rental application, as state law does not restrict this practice. However, they should carefully assess the nature and severity of the offense before making a decision and follow all local laws and regulations to stay compliant. Under federal law, a current arrest alone is not valid grounds for denial, only convictions can be considered. Landlords also cannot reject an applicant solely because they have a criminal history. Discrimination based on a criminal record (without context) is prohibited (HUD).

Eviction history: Landlords in Wisconsin can check an applicant’s eviction history during the background check process, but they must get the applicant’s consent first. They can also charge up to $25 for the screening (§ 704.085).

Sexual orientation & gender identity: An applicant’s sexual orientation or gender identity cannot affect their ability to rent a home (§ 106.50).

Pets, ESAs, and Service Animals

Pet-friendly rental properties should include a section about animals in the Wisconsin rental application. Landlords must not discriminate against applicants with service animals or emotional support animals (ESAs), though tenants are still responsible for covering any damages caused by the animal (§ 106.50, 106.50(2r)(bg)).

Pet information: Landlords should include questions about pets, emotional support animals (ESAs), and service animals in all rental applications.

Fair Housing Act: The Fair Housing Act makes it illegal for landlords to discriminate against tenants based on service or emotional support animals (ESAs). They also cannot charge any fees for these animals, including pet rent or deposits. Additionally, they cannot deny tenants based on the weight, size, or breed of the ESA or service animal (§ 106.50, 106.50(2r)(bg)).

Denial Process

If a landlord denies a tenant, the denial must follow the same process for all applicants and comply with the latest legal standards. Legal reasons for denying a rental applicant include issues with credit, rental history, or income. Failure to complete the application and criminal history (in certain situations) may also be valid grounds for denial (§ 106.50).

Denial notice: In Wisconsin, landlords don’t need to provide a reason for denying a rental application. In Dane County, however, landlords must deliver a written explanation for any application denial. Additionally, if a landlord denies an application based on information from a tenant screening report, they must inform the applicant (AAOA).

Credit/background denials: The landlord must send an adverse action notice to the applicant if a credit or background check factors into the denial, as required by the FCRA. The notice should specify:

• The name of the company that performed the credit or background check
• Information on the applicant’s right to dispute any inaccuracies found in the report
• Contact details for the reporting agency (§ 106.50)

Document storage: While Wisconsin does not require landlords to retain denied applications or screening reports for a specific period, the state has a 6-year statute of limitations for breach of contract. Therefore, storing these records for at least 6 years is wise in case the landlord faces discrimination claims (§ 893.43).