Wisconsin Rental Application

What information should landlords collect?

An application gives landlords their first chance to conduct a tenant background check and gather key information, including:

• Personal information: Names of the applicant and any co-applicants, contact information, Social Security Numbers, and smoking status
• Employment and income history: Employment status, current income, and previous employers
• Rental history: Current and previous residences
• References: Past and current landlords and employers
• Vehicle information: Number, make, and model of any cars the tenant will park on-site
• Pet information: Number, type, size, and breed, along with whether the animal is an emotional support animal (ESA), service animal, or pet

Looking for a simple way to get started? Use our free online application template to comply with Wisconsin laws and streamline your screening process.

Pre-Screener

Landlords often start vetting renters by asking them to complete a pre-screening questionnaire designed to pre-qualify (or pre-deny) interested parties before they invest time and money into filling out a Wisconsin application form.

Residential pre-screeners may ask for details like:

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

While pre-screeners help narrow down leads efficiently, they are not a substitute for a full rental application or a complete tenant screening.

Federal Application Laws

Both state and federal laws govern Wisconsin rental applications. The federal laws below apply to the rental process in all 50 states:

Fair Housing Act (FHA): At the federal level, this law prohibits landlords from discriminating against rental applicants based on protected characteristics, including 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. It also protects applicants from discriminatory advertising, unfair denials, and unequal terms in rental agreements (42 U.S.C. §§ 3601–3619).

Equal Credit Opportunity Act (ECOA): Like the FHA, this law prohibits landlords from discriminating against applicants on the basis of race, religion, sex, or age. It also prohibits discrimination against tenants who receive public housing assistance. The ECOA also governs how landlords can evaluate applications and use credit checks, ensuring they apply consistent and fair standards to all applicants (15 U.S.C. §§ 1691–1691f).

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

Landlords must also make reasonable accommodations when needed, including allowing tenants to modify the living space for accessibility (42 U.S.C. §§ 12101–12213).

Fair Credit Reporting Act (FCRA): The FCRA regulates how landlords use credit reports in tenant screening and requires them to obtain the applicant’s written permission before running a credit check. If a landlord denies an application based on information in the credit report, they must also notify the applicant and explain the reason for the denial (15 U.S.C. § 1681 et seq.).

Civil Rights Act of 1866: This landmark law prohibits landlords from discriminating against prospective or current tenants based on race or color (42 U.S.C. § 1981).

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.

Here are some of the other key areas Wisconsin law covers:

Source of income: Wisconsin landlords cannot deny an applicant based on a lawful source of income. Housing vouchers and government assistance count as income, and landlords cannot use them as grounds for denial (Wis. Stat. § 106.50).

Criminal history: Landlords in Wisconsin can legally consider criminal history when evaluating an application, as state law does not restrict this practice. However, they should assess the nature and severity of the offense before making a decision and comply with local laws and regulations. Landlords should never issue a “blanket ban” on applicants with any form of criminal history.

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 screening (Wis. Stat. § 704.085).

Sexual orientation & gender identity: Landlords cannot consider an applicant’s sexual orientation or gender identity when making rental decisions (Wis. Stat. § 106.50).

Pets, ESAs, and Service Animals

Pet-friendly rental properties should always include a section about animals within the rental application.

Landlords cannot discriminate against applicants with service animals or emotional support animals (ESAs), though tenants remain responsible for covering any damage caused by the animal (Wis. Stat. § 106.50, 106.50(2r)(bg)).

Pet information: Landlords should include questions about pets, ESAs, and service animals in all applications by asking for the number, type, size, and breed.

Fair Housing Act: The Fair Housing Act prohibits landlords from discriminating against tenants who have service animals or ESAs. Landlords also cannot charge fees for these animals, including pet rent or deposits, or deny tenants based on the weight, size, or breed of the ESA or service animal (Wis. Stat. § 106.50, § 106.50(2r)(bg)).

Denial Process

If a landlord denies an applicant, they must follow the same process for every applicant and comply with all legal standards. Valid reasons for denial 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 (Wis. Stat. § 106.50).

Denial notice: Wisconsin law does not require landlords to notify applicants when they deny an application, unless the FCRA requires them to do so.

Credit/Background denials: Landlords must send an adverse action notice if information from a credit or background check results in a denial, as required by the FCRA.

The notice should specify:

• The name of the company that performed the credit or background check,
• A statement of the applicant’s right to dispute any inaccuracies found in the report, and
• Contact details for the reporting agency (15 U.S.C. § 1681m).

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. As such, storing these records for at least 6 years can help defend against potential discrimination claims (Wis. Stat. § 893.43).