Sample Wisconsin Rental Lease Agreement
Wisconsin Rental Lease Agreement
Which are the rental rules applicable in the state of Wisconsin?
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The Official Rules and Regulations
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Wis. Stat. Ann. §§ 704.01 – 704.50 - Landlord and Tenant Statutes
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Wis. Admin. Code §§ 134.01 – 134.10 –Residential Rental Practices
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LAW GUIDE: Important Numbers to Remember with Rental Agreement
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Consumer Facts – Landlord Tenant Guide
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2011 Assembly Bill 561
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Security Deposit
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The state of Wisconsin has no limit to the security deposit maximum charged
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Security deposit interest is not necessary
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No need to set up a separate security deposit bank account
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No separate deposit is required for pet deposits and other additional fees
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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
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A written receipt is necessary when tenants make cash deposits
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A written description of damages and charges is required
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No statute guide on the need for record keeping of the deposit withholdings
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Lease, Fees, and Rent
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The rent increase notice is a 28-day written notice for monthly leases
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Late fees are allowed as long as they are disclosed in the rental lease agreement in Wisconsin
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In the event of prepaid rent, the prepayment is considered part of the security deposit
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No statute for returned check fees
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A written receipt of the rent is required if a tenant makes a cash payment
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A pre-examination and the copies of the lease are required
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Automatic lease renewal applies to yearly leases, and the landlord must remind the tenants 15 to 30 days beforehand
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The tenant can withhold rent if the tenant is unable to provide essential services such as heat, water, and shelter
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No statute for tenants being allowed to repair and deduct rent
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No self-help evictions permitted
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The landlord can recover attorney and court fees
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The landlord has to make a reasonable attempt to mitigate any damages to the lessee; the efforts include attempts to re-rent.
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Notices and Entry
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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.
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A 28-day notice is required for termination of monthly leases.
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For termination of weekly leases as a result of nonpayment or breach of the lease agreement, a 5-day notice is required
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For termination of monthly leases for breach of the lease agreement or nonpayment, a 14-day notice is required.
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For termination of yearly leases for breach of the rental contract or no payment, a 30-day notice is required
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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.
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The state’s rental laws allow emergency entry without notice
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The statutes allow entry during a tenant’s extended absence,
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The notice for the use of pesticides is 12 hours except in the state of Madison where a 24-hour notice is issued.
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No lockouts or utility shut-offs are required.
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Disclosures and Miscellaneous Rules and Regulations
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The landlord has to issue an information check-in sheet
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The landlord is also required to give check-in procedures
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The landlord can provide a list of preexisting damages of the tenant requests
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It also covers special treatment in cases of domestic violence, Sexual assault, or stalking
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It also includes termination of tenancies in the event of an imminent threat
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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
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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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