Sample Wisconsin Rental Lease Agreement
Wisconsin Rental Lease Agreement
Which are the rental rules applicable in the state of Wisconsin?
The Official Rules and Regulations
Wis. Stat. Ann. §§ 704.01 – 704.50 - Landlord and Tenant Statutes
Wis. Admin. Code §§ 134.01 – 134.10 –Residential Rental Practices
LAW GUIDE: Important Numbers to Remember with Rental Agreement
Consumer Facts – Landlord Tenant Guide
2011 Assembly Bill 561
Security Deposit
The state of Wisconsin has no limit to the security deposit maximum charged
Security deposit interest is not necessary
No need to set up a separate security deposit bank account
No separate deposit is required for pet deposits and other additional fees
The deadline for returning the security deposit is 21 days after the termination of the tenant’s rental lease agreement or if a new tenant starts their tenancy period
A written receipt is necessary when tenants make cash deposits
A written description of damages and charges is required
No statute guide on the need for record keeping of the deposit withholdings
Lease, Fees, and Rent
The rent increase notice is a 28-day written notice for monthly leases
Late fees are allowed as long as they are disclosed in the rental lease agreement in Wisconsin
In the event of prepaid rent, the prepayment is considered part of the security deposit
No statute for returned check fees
A written receipt of the rent is required if a tenant makes a cash payment
A pre-examination and the copies of the lease are required
Automatic lease renewal applies to yearly leases, and the landlord must remind the tenants 15 to 30 days beforehand
The tenant can withhold rent if the tenant is unable to provide essential services such as heat, water, and shelter
No statute for tenants being allowed to repair and deduct rent
No self-help evictions permitted
The landlord can recover attorney and court fees
The landlord has to make a reasonable attempt to mitigate any damages to the lessee; the efforts include attempts to re-rent.
Notices and Entry
In summary, tenants have an extra 5 days to pay after the due date for payment. After the fifth day, you can give the tenant a notice to vacate, pay or terminate their tenancy.
A 28-day notice is required for termination of monthly leases.
For termination of weekly leases as a result of nonpayment or breach of the lease agreement, a 5-day notice is required
For termination of monthly leases for breach of the lease agreement or nonpayment, a 14-day notice is required.
For termination of yearly leases for breach of the rental contract or no payment, a 30-day notice is required
No statute for notice of the date and time of move-out inspections, entry allowed for repairs and maintenance, a 12-hour notice (or less) is required.
The state’s rental laws allow emergency entry without notice
The statutes allow entry during a tenant’s extended absence,
The notice for the use of pesticides is 12 hours except in the state of Madison where a 24-hour notice is issued.
No lockouts or utility shut-offs are required.
Disclosures and Miscellaneous Rules and Regulations
The landlord has to issue an information check-in sheet
The landlord is also required to give check-in procedures
The landlord can provide a list of preexisting damages of the tenant requests
It also covers special treatment in cases of domestic violence, Sexual assault, or stalking
It also includes termination of tenancies in the event of an imminent threat
You will also get details on locks and abandonment of property, pesticide use, code violations and conditions that affect habitability, retaliation, and identification of the landlord or the authorized property agents
Court Matters
The state of Wisconsin has set its Small Claims Court Limits at $10,000, and the courts allow eviction cases
Business Licenses
The state lacks statewide requirements for business licenses but this changes in the local cities and counties.
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Sample
WI Rental Lease Agreement
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