Wisconsin Residential Lease Agreement

Required Landlord Disclosures (8)

In addition to signing the residential lease agreement, landlords must disclose state-mandated facts about the rental unit to the tenant. The state of Wisconsin requires these disclosures, which provide helpful information that isn’t necessarily included in the terms of the lease itself.

1. Lead-based paint: The only federally required disclosure requires the landlord to inform tenants about lead-based paint or lead-based paint hazards in properties built before 1978 (Title X, Section 1018).

2. Move-in checklist: Wisconsin landlords must provide tenants with a move-in checklist that explains the property’s features and any existing damage to the unit. Tenants must inspect the property within 7 days and have the right to receive an itemized checklist at move-out regarding any claims by the landlord to withhold security deposit funds for repairs (WI Adm. Code § 34.06(1)).

3. Code violations: Landlords must disclose whether they know of any building or housing code violations (WI Adm. Code § 134.04(2)).

4. Domestic abuse: Wisconsin law provides the language for a disclosure explaining the protections for domestic abuse victims. Landlords can include this disclosure within the rental contract (WI Stat. § 704.14).

5. Shared utilities: Landlords must disclose whether utility costs are included in the rent. If not, and if any common areas are not separately metered, landlords must disclose how they split utility costs among tenants (WI Adm. Code § 134.04(3)).

6. Landlord’s name and address: The lease agreement must disclose the name and address of the person managing the property in writing to the tenant (WI Adm. Code § 134.04(1)).

7. Utility: Before accepting a security deposit, landlords must disclose if water, heat, or electricity charges are not included in the rent (WI Adm. Code § 134.04(3)).

8. Nonstandard rental provisions: Any lease that includes nonstandard rental provisions must include these in writing, and all parties must sign to agree (WI Adm. Code § 134.09).

Landlord’s Access to Property

Advance notice: Landlords must provide at least 12 hours’ notice before entering a tenant’s unit. Entrance may only occur at reasonable times and for acceptable reasons, like inspections, repairs, or property showings (WI Adm. Code § 134.09(2)).

Immediate access: Landlords may enter without advanced notice only in cases of emergency (WI Stat. § 704.05(2)).

Landlord harassment: If landlords do not abide by the entry guidelines, tenants may sue for damages, withhold part of the rent payment, or break the lease (WI Stat. § 704.07(4)).

Rent Payment Laws

Grace period: There is no mandatory grace period in Wisconsin.

Late rent fees: Late fees are not limited, but they must be considered “reasonable.”

Tenant’s right to withhold rent: Tenants may withhold rent if the landlord refuses to remedy a condition hazardous to the health and safety of the tenant. They can also withhold rent if they are deprived of regular usage of the unit (WI Stat. § 704.07(4)).

Breach of Rental Agreement

Missed rent payment: Landlords must send tenants a 5-day notice to pay or quit for missed rent payments. If the tenant misses another rent payment within one year, the landlord may issue a 14-day notice to quit and terminate the lease (WI Stat. § 704.17(2)(a)).

Lease violation: For a lease violation, landlords must deliver either a 5-day notice to comply or a 14-day notice to quit but are not required to allow the tenant to cure the violation (WI Stat. § 704.17(2)(b)).

Self-help evictions: Wisconsin landlords are not allowed to proceed with self-help evictions and should always follow proper eviction guidelines.

Lease abandonment: If the tenant breaks the lease early without a legal reason, they are still liable for the rent remaining on the lease term. Landlords must make a reasonable effort to re-rent the unit, and the tenant will no longer be responsible for the rent once this happens. Landlords in Wisconsin must still return the security deposit but can make deductions for repairs or unpaid rent.

Ending a Lease

Month-to-month: Landlords or tenants must provide 28 days written notice when they intend to end a month-to-month lease (WI. Stat. § 704.19(3)).

Fixed-term: Tenants can break a lease early and without penalty only in legally approved circumstances. Circumstances include entering active military duty, landlord harassment or retaliation, or uninhabitable living conditions (WI. Stat. § 704.07(4)).

Property abandonment: Landlords must store the property for at least seven days and return it immediately when the tenant asks (WI. Stat. § 704.05).

Renewing a Lease

Required renewals: Wisconsin landlords are not required to allow a tenant to renew a lease when it ends.

Required notice: Wisconsin landlords must provide at least 28 days’ notice of their intent not to renew for month-to-month leases. No notice is required for yearly leases unless otherwise stated in the lease (WI. Stat. § 704.19(3)).

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.