Wisconsin
A Wisconsin residential lease agreement is a legal contract between a landlord and a tenant that outlines the terms of renting a residential property. This agreement typically includes details such as the names and addresses of both parties, the rental property's address, the duration of the lease, pet policies, safety disclosures, and rent payment specifics.
Required Disclosures
Wisconsin law mandates several disclosures that landlords must provide to tenants at the time of lease signing:
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Landlord and Agent Identification: The names and addresses of the property owner or their authorized representative must be disclosed to tenants. This ensures clear communication regarding any legal notices or property management issues.
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Lead-Based Paint Disclosure: For properties built before 1978, landlords must provide a lead-based paint disclosure and an Environmental Protection Agency (EPA) pamphlet regarding the hazards of lead-based paint.
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Move-In Checklist: Landlords are required to provide a checklist documenting the condition of the property, which must be signed by both parties. This checklist helps establish a baseline for any potential security deposit deductions upon move-out.
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Notice of Domestic Abuse Protections: Tenants must be informed of their rights related to domestic abuse, which must be included in the lease agreement. This notice outlines the protections available to tenants who are victims of domestic abuse.
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Utility Charges Disclosure: Landlords must disclose whether water, heat, or electricity charges are included in the rent. If these utilities are not included, the method of charging must be clearly stated.
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Security Deposit Receipt: If a tenant pays the security deposit in cash, the landlord must provide a written receipt. This ensures transparency regarding the handling of the security deposit.
Security Deposit Regulations
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Maximum Amount: Wisconsin law does not set a maximum amount for security deposits, allowing landlords to determine the amount based on their policies.
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Returning the Deposit: Security deposits must be returned to tenants within 21 days of the termination of the rental agreement. If any portion of the deposit is withheld for damages, landlords must provide an itemized list of damages and the amounts withheld.
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Interest Collection: There are no legal requirements for landlords to collect interest on security deposits.
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Separate Bank Account: Landlords are not required by law to keep security deposits in a separate bank account, although it is a common practice for financial management.
Rent Payment Laws
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Grace Period: Wisconsin law does not establish a grace period for rent payments, meaning landlords can issue notices for non-payment as soon as rent is overdue.
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Late Fees: Landlords may charge late fees if specified in the rental agreement, but there is no maximum amount set by state law.
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Non-Sufficient Funds (NSF) Fee: A landlord may charge a $15 penalty fee for bounced checks.
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Withholding Rent: Tenants may not withhold rent but may qualify for rent abatement if the property is not maintained in a habitable condition.
Landlord's Right of Entry
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General Access: Landlords may enter the rental property during reasonable hours with at least 12 hours' notice for inspections, repairs, or to show the property.
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Immediate Access: Landlords can enter without notice in emergencies or if immediate access is necessary to prevent property damage.
Lease Termination
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Month-to-Month Tenancy: Either party may terminate a month-to-month lease with 28 days' notice.
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Abandoned Property: Landlords may dispose of any unclaimed property left behind by tenants, assuming it is considered abandoned.
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Non-Payment of Rent: Landlords can issue a 5-day notice to pay or quit if rent is not paid.
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Non-Compliance: A 5-day notice to comply or quit can be issued for lease violations by the tenant.
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Lockouts: Landlords cannot prevent tenants from accessing their rental property except through legal eviction processes.
This framework ensures that both landlords and tenants understand their rights and responsibilities under Wisconsin law, promoting a fair rental process.
FAQs
In Wisconsin, required disclosures in a residential lease agreement include the landlord’s name and address, utility charges, a move-in checklist, notice of domestic abuse protections, code violations, and lead-based paint disclosure for properties built before 1978.
Landlords in Wisconsin must return a tenant’s security deposit within 21 days of the termination of the rental agreement. If any portion of the deposit is withheld for damages, the landlord must provide an itemized list of the damages.
No, Wisconsin law does not set a maximum amount for security deposits. Landlords can charge any amount they deem appropriate, but they must return the deposit within the specified timeframe after the lease ends.
Tenants in Wisconsin cannot withhold rent even if the landlord fails to maintain the habitability of the premises. However, tenants may take other actions, such as seeking rent abatement, if the conditions are poor.
Landlords in Wisconsin must provide at least 12 hours’ notice before entering a rental property for inspections, repairs, or showings. They can enter without notice in emergencies or if the tenant is absent and immediate access is necessary.
If a tenant leaves before the lease ends and still owes rent, the landlord can recover the unpaid rent and damages. However, landlords are required to make a reasonable effort to re-rent the property.
Wisconsin law does not impose restrictions on late fees for rental agreements. Landlords may charge late fees as specified in the lease, but there is no maximum amount set by state law.
Before moving in, tenants in Wisconsin have the right to inspect the rental property for damages. They must request a checklist of damages charged to the previous tenant and can complete a move-in checklist within seven days of the lease commencement.