Landlord Tenant Guide

Landlord-tenant relations in Wisconsin are regulated by

Wis. Stat. ch. 704, and Wis. Admin. Code ch. ATCP 134.

Wisconsin Administrative Code Chapter

ATCP 134 (“ATCP 134”)

Scope and Application: ATCP 134.01, The Residential

Rental Practices rule applies to business practices

related to the rental of most residential dwelling units

in this state.

The Residential Rental

Practices rule does not cover the

following kinds of living arrangements:

• When a person lives in

a premises operated by a

public or private institution and the person lives

there to receive medical, educational, counseling,

religious, or similar services.

• When a person occupies a hotel, motel, boarding

house, rooming house, or similar lodging for less

than 60 days and the person is traveling away from

their permanent place of residence.

• When a person lives in a premises owned and

operated by the government or an agency of

government. However, these rules do apply to

federally subsidized rental housing if the housing is

privately owned or operated (which includes HUD

"Section 8" housing).

• When a member of a fraternal or social

organization lives in a premises operated by that

organization. However, if the organization rents

rooms to non-members, these rules could apply to

those rental agreements.

• When a person does commercial agricultural work

on the leased premises.

• When a person operates and maintains the

premises and the person lives on the premises free

of charge as part of the employment arrangement.

• When a person lives in a dwelling unit that the

person is in the process of buying under a contract

of sale.

ATCP 134.03

Rental agreements and receipts

Copies of rental agreements and rules; (ATCP

134.03(1))

If a rental agreement or any of the landlord's rules

or regulations are in writing, the landlord should

give the tenant a chance to read them before the

tenant decides to rent. This gives the tenant a

chance to find out what all the rental terms and

conditions are before deciding whether to rent

from that landlord. The landlord and tenant must

agree on the essential terms of the tenancy, such

as the total rent, the amount of the security

deposit, and the specific dwelling unit the tenant

will occupy.

Once the parties sign a written agreement, the

tenant must receive a copy of the entire

agreement.

By approving an individual as a prospective

tenant, a landlord does not necessarily enter into

a rental agreement with that person until they

agree on the essential terms of tenancy. (See

ATCP 134.02(10), definition of "Rental

agreement" and the "Note.")

Landlord Tenant Guide

Understand, the rules do not require rental

agreements to be in writing. Verbal rental

agreements are traditional in many parts of the

rental industry. Existing statutes allow verbal

rental agreements and leases, Wis. Stat. sec.

704.01(1) and (3).

Receipts for tenant payments (ATCP 134.03(2))

The landlord is required to give the tenant a

written receipt any time the landlord accepts an

earnest money deposit, a security deposit, or rent

paid in cash. If the tenant pays by check, the rules

do not require the landlord to provide a receipt,

unless the tenant asks for a receipt.

ATCP 134.04

Disclosure requirements

Identification of landlord or authorized agents

(ATCP 134.04(1))

In many disputes about building maintenance,

tenants indicate that part of the problem is that

the tenants are not able to contact the landlord

about a pressing problem.

To help address these problems, this subsection

requires the landlord to disclose, in writing, the

name and address of the person or persons

authorized to collect rent and the person or

persons who manage and maintain the premises.

The tenant must be able to contact these people

relatively easily. In addition, the landlord must

identify an owner of the premises or a person

authorized to accept legal papers on behalf of the

owner. The rule requires that this address (not a

Post Office Box) be located within the State of

Wisconsin, and that the landlord must provide

notice of any change of the person's address

within 10 business days of the change occurring.

These disclosure requirements do not apply to

owner-occupied structures containing up to four

dwelling units, since, in such cases, the landlord is

living in the building and the tenant knows whom

to contact.

Code violations and conditions affecting

habitability (ATCP 134.04(2))

Local housing codes generally establish the

standards which rental housing must meet. A

landlord must maintain their rental properties

under the requirements of local housing codes.

Local housing codes do not protect all rental

housing in Wisconsin. Even in municipalities that

have housing codes, individual rental units may

not be inspected regularly.

Before entering into a rental agreement or

accepting any earnest money or security deposit

from a prospective tenant, the landlord must

disclose to the prospective tenant any building or

housing code violations that the landlord has

actual knowledge of, affecting the dwelling unit or

common areas of the premises, that present a

significant threat to the prospective tenant’s

health or safety and which the landlord has not

corrected.

The landlord must also disclose if the dwelling

unit lacks hot or cold running water; if the heating

facilities serving the dwelling unit are not in safe

operating condition, or are not capable of

maintaining a temperature of at least 67° F during

all seasons of the year the unit may be occupied;

that the dwelling unit is not served by electricity,

or the electrical wiring, fixtures or other

components of the electrical system are not in

safe operating condition; any structural or other

conditions in the dwelling unit or premises which

constitute a substantial hazard to the health or

safety of the tenant; the dwelling unit is not

served by plumbing facilities in good operating

condition; or if the dwelling unit is not served by

sewage disposal facilities in good operating

condition.

Utility charges (ATCP 134.04(3))

Landlords often require tenants to pay the utility

charges separate from the rent. Before deciding

to rent a specific unit, it is important for a tenant

to know whether or not the utility charges are

included in the rent. A tenant needs this

information so they can accurately determine the

total cost of renting the unit.

ATCP 134.04(3), provides that the landlord must

tell a prospective tenant if utility charges are not

included in the rent. The tenant must receive this

information before signing a rental agreement or

paying any money for an earnest money deposit

or security deposit.

If utility charges are not included in the rent and

individual dwelling units and common areas of

the building are not separately metered, the

landlord must tell the tenant how the costs for

utility services will be allocated among the

individual dwelling units.

ATCP 134.05

Earnest money deposits

Earnest money deposit is the money a prospective

tenant gives a landlord in return for the option of

entering into a rental agreement in the future or so the

landlord will consider the person's application. The

purpose of these deposits is to protect the landlord

from possible costs or losses if the prospective tenant

decides not to rent from the landlord. The rules do not

prohibit earnest money deposits, nor do they set any

limit on the maximum amount of the deposit.

Accepting earnest money deposits (ATCP

134.05(1))

A landlord may not accept earnest money

deposits until the landlord identifies the specific

dwelling unit(s) for which the prospective tenant

is being considered. (Note: Credit check fees are

not "earnest money deposits".)

Returning earnest money deposits (ATCP

134.05(2))

(a) When no rental agreement is made the landlord

must return the full earnest money deposit to the

applicant by the end of the next business day, by

first-class mail or by delivering it to the applicant,

after:

. T

he landlord rejects the tenant's application or

refuses to enter into a rental agreement with th

plicant.

. T

he applicant withdraws their application

before the landlord accepts or rejects it.

3. The landlord does not approve the rental

application within three business days after taking

the earnest money deposit. The landlord and

applicant may agree, in writing, to a longer time

for the landlord to consider the application, up to

21 days.

(b) If the landlord and tenant enter a rental

agreement, then the landlord must either apply

the earnest money deposit to the rent, apply it to

the security deposit, or return it to the tenant.

If the landlord returns less than the full amount of

the earnest money deposit and the prospective

tenant accepts the partial amount, the prospectiv

enant still has the right to claim the landlord owes

them the full amount of the deposit.

Withholding an earnest money deposit (ATCP

134.05(3))

If the landlord approves the person to be a

tenant, but the person decides not to enter into a

rental agreement the landlord may withhold from

the earnest money deposit for lost rent and

advertising costs actually incurred due to the

tenant’s failure to rent the premises.

However, if the landlord significantly changed the

rental terms previously discussed with the tenant

and that is why the tenant withdrew the

plication, the landlord may not withhold money

from the earnest money deposit.

If the landlord withholds money from the earnest

money deposit for "lost rent," the landlord must

make reasonable efforts to re-rent the premises

to "mitigate damages” as provided under Wis.

Stat. sec. 704.29

ATCP 134.06

Security deposits

Most Wisconsin landlords require a security deposit at

the beginning of a tenancy to protect themselves from

tenant damage or default.

Check-In procedures; pre-existing damages

(ATCP 134.06(1))

When the landlord requires a security deposit, the

rules establish certain basic elements of a "check-

in" procedure. First, before accepting any security

deposit the landlord must provide written notice

that the tenant has at least seven days to inspect

and document any preexisting damages or

defects.

Second, the landlord must tell the tenant they

have a right to receive a list or description of any

physical damages for which the landlord withheld

money from the previous tenant's security

deposit prior to accepting a security deposit or

converting an earnest money deposit to a security

deposit. The landlord may require the prospective

tenant to request this list of damages in writing.

If the tenant requests a list of previous damages,

the landlord must provide the list within 30 days

after receiving the request, or within seven days

after charging the previous tenant for damages,

whichever is later. The rules do not require the

landlord to disclose the amount of the charges or

the identity of the previous tenant. If the landlord

repaired the damages, the landlord may note this

on the list.

Returning security deposits (ATCP 134.06(2))

The rules provide that the landlord must deliver

or mail the security deposit, less any amounts

properly withheld, to the last known address of

the tenant within 21 days after the end of the

rental agreement. If the tenant leaves the

dwelling unit before the end of the rental

agreement, the landlord still has 21 days after the

end of the rental agreement to return the security

deposit unless the landlord re-rents the dwelling

unit before the end of the rental agreement. In

that case, the landlord must return the security

deposit within 21 days after the dwelling unit is

re-rented.

Any payment starting a tenancy that is more than

one month's prepaid rent is defined to be a

security deposit. Nothing in the rules prevents a

landlord from collecting more than one month's

rent as security. However, when the tenant

surrenders the premises, the landlord must treat

it as a security deposit and must account for it as

such.

Limitations on security deposit withholding (ATCP

134.06(3))

(a) Generally, the landlord may withhold money from

the security deposit only for the following

reasons:

• Tenant damage, waste, or neglect of the premises;

• Nonpayment of rent;

• Nonpayment of actual amounts the tenant owes

the landlord for utility services provided by the

landlord;

• Nonpayment of government utility charges for

which the tenant is responsible but become the

liability of the landlord if the tenant does not pay,

and;

• Any other payment for a reason provided in a

nonstandard rental provision document described

in par. (b).

(b) The rule allows landlords and tenants to mutually

agree, in a "Nonstandard Rental Provision," to

permit the landlord to withhold the security

deposit for other reasons than those listed above

with some exceptions.

"Nonstandard Rental Provision" with the tenant

to withhold the security deposit for any costs

related to "normal wear and tear." Both the Wis.

Stat. sec. 704.28(3) and residential rental

practices rule ATCP 134.06(3)(C) prohibit routine

across-the-board deductions from the security

deposit for cleaning, painting, or carpet cleaning,

that result from only "normal wear and tear."

However, a rental agreement may include a

contractual provision requiring the tenant to pay

for routine carpet cleaning. Even if the rental

agreement includes the permitted provision, the

cost for the routine carpet cleaning may not be

collected by the landlord in advance because all

prepayments in excess of one month’s rent must

be treated as “security deposit.” Even if the rental

agreement includes the permitted provision, a

landlord may not deduct the cost of routine

carpet cleaning from the security deposit because

deductions for normal wear and tear are not

allowed.

Security deposit withholding; statement of claims

(ATCP 134.06(4))

If the landlord deducts any money from the

security deposit, the landlord must give the

tenant an itemized written statement of

accounting. This statement must have two entries

for each individual deduction:

1. a description of the item and physical damages or

other reason for the claim, and

2. the amount withheld as reasonable

compensation for the claim.

This allows for discussion about whether or not

the claim is valid and whether or not the charge

for the item is valid. Failure to describe the

damage, waste, or neglect that led to each charge

makes it appear the charges are being withheld

for normal wear and tear.

The rules prohibit a landlord from intentionally

falsifying any security deposit claim.

Tenant failure to leave forwarding address (ATCP

134.06(5))

The rules require the landlord to mail the security

deposit and/or an accounting for the security

deposit to the tenant's last known address. This

rule applies even if the last known address is the

dwelling unit the tenant rented under the rental

agreement. A tenant should notify the postal

service and the landlord, or the landlord's agent,

of their change of address as soon as possible to

insure they receive their security deposit in a

timely manner. However, if a tenant fails to leave

a forwarding address, this does not affect the

tenant's rights to demand that the landlord return

some or all of the security deposit.

ATCP 134.07

Promises to repair

Some people agree to rent a dwelling unit based upon

the landlord's promises to make certain repairs or

improvements to the premises. Such promises may

induce a person to rent a dwelling unit and should be in

writing.

Specific date of completion required (ATCP

134.07(1))

For every "promise to repair," the landlord must

specify the date or time period when the landlord

will complete the repairs, cleaning, or

improvements. This requirement applies to

promises to clean, repair or improve any

furnishings, facilities, or parts of the premises.

Initial promises must be in writing (ATCP

134.07(2))

If the landlord makes any promises to repair,

clean or improve the premises before the parties

sign the initial rental agreement, the landlord

must put the promises to repair in writing. The

landlord must give the tenant a copy of these

promises.

Repairs must be completed on time (ATCP

134.07(3))

The landlord must complete the promised repairs

or improvements within the time period stated in

writing. The only excuses the rules "accept" for

the landlord not completing the repairs on time

are if:

• there is a labor stoppage,

• supplies are not available,

• there are unavoidable casualties, or

• there are other causes clearly beyond the

landlord's control.

If something happens to delay the completion of

the repairs, the landlord must tell the tenant what

has happened that is beyond the landlord's

control and give the tenant a new date when the

repairs will be completed.

ATCP 134.08

Prohibited rental agreement

provisions

Under the rules, rental agreements that contain any of

the following provisions are void in their entirety:

Allows a landlord to do any of the following

because a tenant has contacted an entity for law

enforcement services, health services, or safety

services: Increase rent, decrease services, bring an

action for possession of the premises, refuse to

renew a rental agreement, or threaten to take any

action to do so. (ATCP 134.08(1))

Authorizes the landlord to evict or exclude the

tenant from the premises, other than by judicial

eviction procedures as provided under ch. 799,

Stats.(ATCP 134.08(2))

Provides for the acceleration of rent payments or

waives the landlord’s obligation to mitigate

damages in the event of tenant default. If the

tenant breaches or defaults on their rental

agreement, the landlord may not require the tenant

to immediately pay for future rent payments that

the tenant is otherwise obligated to pay. Also,

under the rule, the landlord is obligated to attempt

to “mitigate the damages.” In most cases, this

means that the landlord must try to reduce the

amount of rent the tenant is still obligated to pay by

trying to re-rent the apartment. A rental agreement

may not in any way try to waive the landlord's

obligation to mitigate damages and re-rent the

premises as required under, Wis. Stat. sec.704.29.

(ATCP 134.08(3))

Requires the tenant to agree to pay any attorney's

fees or costs the landlord may incur in any legal

action or dispute arising out of the rental

agreement. However, this does not prohibit the

landlord or tenant from recovering attorney's fees

and costs under a court order under Wis. Stats. ch.

799 or 814. (ATCP 134.08(4))

Authorizes the landlord to "confess judgment”

against the tenant. A lease agreement cannot

contain a provision that requires a tenant to agree

with any accusation of a lease violation made by the

landlord. (ATCP 134.08(5))

Says the landlord is not liable for or responsible for

any property damage or personal injury caused by

the landlord's negligent acts or omissions. (ATCP

134.08(6))

Says the tenant is liable for personal injuries

arising from causes clearly outside the tenant's

control, or for property damage caused by natural

disasters or persons other than the tenant, the

tenant's guests, or persons the tenant has invited to

the premises. (ATCP 134.08(7))

Waives any statutory or other legal obligation that

requires the landlord to deliver the premises in a

fit or habitable condition, or maintain the premises

during tenancy. While tenants may be held

responsible for some maintenance duties, tenants

cannot legally give up their rights, such as the right

to safe and habitable housing. (ATCP 134.08(8))

Allows the landlord to terminate the tenancy of a

tenant based solely on the commission of a crime

in or on the rental property if the tenant, or

someone who lawfully resides with the tenant, is a

victim of that crime. (ATCP 134.08(9))

Allows the landlord to terminate the tenancy of a

tenant for a crime committed in relation to the

rental property and the rental agreement does not

include, the notice required by Wis. Stat. sec.

704.14. (ATCP 134.08(10))

It is important to note that a rental provision

requiring the tenant to pay for professional carpet

cleaning or other routine cleaning, in the absence of

negligence or improper use by the tenant, does not

render a rental agreement void. Because routine

carpet cleaning is not an obligation statutorily

imposed on either the landlord or the tenant,

assigning this responsibility to a tenant through a

contractual provision does not render a rental

agreement void.

ATCP 134.09

Prohibited practices

Advertising or rental of condemned premises

(ATCP 134.09(1))

Landlords may not advertise or rent a premise

that has been condemned for human habitation.

If the premise is condemned or the landlord has

received a notice of intent to do so, the landlord

may not try to rent the premises. After the

landlord completes the necessary repairs and the

premise complies with local building and safety

ordinances, the landlord may advertise the

premises for rent.

Unauthorized Entry (ATCP 134.09(2))

Landlord-tenant law provides that a landlord may

enter a rented dwelling unit only under certain

specified circumstances, unless the landlord and

tenant have agreed to a Non-Standard Rental

Provision that specifically authorizes the entry

under additional circumstances. Although the

landlord has no unfettered right to enter the

dwelling unit without the tenant's permission,

state law does authorize the landlord to enter the

premises without advance approval under limited

circumstances.

Entry Permitted Advance Notice Required:

If the entry is otherwise authorized, the landlord

may enter the premises (1) after giving the tenant

at least 12 hours advance notice and (2) during

reasonable hours, to do any of the following:

• Inspect the premises;

• Make repairs;

• Show the premises to prospective tenants or

purchasers; or

• For reasons authorized by a Non-Standard Rental

Provision.

Entry Permitted Advance Notice Not Required:

A landlord may enter the premises without

advance notice if:

• The tenant requests or consents, in advance, to

the time the landlord plans to enter the dwelling

unit;

• a health or safety emergency exists; or

• the tenant is absent and the landlord reasonably

believes that entry is necessary to preserve or

protect the premises.

If a landlord enters a dwelling unit while it is

rented, the landlord must first announce his or

her presence to any persons who may be present

in the dwelling unit. For example, the landlord

must knock on the door or ring the doorbell. If

anyone is present when the landlord enters, the

landlord must identify themselves before

entering.

Automatic lease renewal without notice (ATCP

134.09(3))

State statutes currently provide that an

"automatic renewal" clause in a lease is not

enforceable against a tenant unless the landlord

gives a written reminder of the clause to the

tenant 15 to 30 days before the tenant’s last

chance to notify the landlord whether the tenant

intends to stay or leave. Landlords should review

the language in Wis. Stat. sec. 704.15 for the

notice requirements.

The statute makes the automatic renewal clause

unenforceable, unless the landlord gave the

tenant the required "reminder."

Confiscating personal property

(ATCP 134.09(4))

The rules prohibit landlords from taking a tenant's

personal property or preventing a tenant from

taking possession of their personal property,

unless authorized by Wis. Stat. §§. 704.05(5),

704.11, or 779.43.

Retaliatory eviction (ATCP 134.09(5))

A landlord may not increase rent, decrease

services (such as water, electricity or heat), refuse

to renew a lease, bring an action to evict or

threaten to do any of these things, if it is caused

by the landlord’s desire to retaliate against the

tenant because the tenant has:

• Reported a violation of ATCP 134 or reported a

building or housing code violation to government

authorities;

• complained to the landlord about a violation of

ATCP 134, Wis. Stat. ch. 704 which describes the

duties of the landlord;

• complained to the landlord about violations of the

local housing code; or

• asserted or attempted to assert his/her legal rights

as a tenant, including joining or attempting to

organize a tenants union or organization.

Before filing any formal legal action, a tenant

should first consider attempting to resolve

problems informally with the landlord.

Failure to deliver possession

(ATCP 134.09(6))

A landlord must give the tenant access to the

dwelling unit at the time agreed upon in the

rental agreement. The only time it is permissible

for the landlord not to "deliver possession" of the

dwelling unit on the agreed date is when

something happens which is beyond the

landlord's control.

Self-help eviction (ATCP 134.09(7))

A landlord may not exclude, forcibly evict, or

constructively evict a tenant from a dwelling unit

unless the landlord follows the eviction

procedures established by law (Wis. Stat. ch. 799).

"Constructive eviction" could include the landlord

taking actions like the following: disconnecting

utility services, changing the locks, removing the

doors from the dwelling unit, or harassing the

tenants in other ways.

Late rent fees and penalties

(ATCP 134.09(8))

A landlord may not charge a tenant a "late rent

fee" or "late rent penalty," unless the rental

agreement specifically provides for such a

penalty.

If the tenant was late paying rent the previous

month and gives the landlord a rent payment for

the current month, the landlord must first apply

that payment to any rent that is currently due

before applying any part of that payment to a late

fee.

Landlords may not charge tenants a fee or penalty

for not paying a late rent fee or late fee penalty.

Misrepresentations (ATCP 134.09(9))

The rule prohibits a landlord from making

misrepresentations about the rental property or

the rental agreement in order to get a prospective

tenant to agree to rent from the landlord.

Under this rule, no landlord may:

• Misrepresent the location, characteristics o

equivalency of dwelling units owned or offered by

the landlord. For example, the landlord may not

show a "model" apartment and then rent a unit

which is unlike the “model” apartment shown.

• Misrepresent or fail to disclose the total amount of

rent and other non-rent charges the tenant must

ay.

• Fail to tell a prospective tenant about any non-ren

harges that will increase the total amount the

tenant must pay during their tenancy.

• Engage in "bait and switch" practices. For example,

the landlord may not tell a prospective tenant that

the landlord is considering the person for an

apartment in an 8-plex on 25th Street when the

landlord really plans to rent the person a smaller

apartment in a very large apartment complex on

2nd Street.

ATCP 134.10

Effect of rules on local ordinances

As to local government ordinances, the Residential

Rental Practices rules in ATCP 134 do not prohibit or

nullify any local government ordinance unless

compliance with that ordinance and ATCP 134 is

impossible. If there is a direct conflict between the

Residential Rental Practices rules in ATCP 134 and a

local ordinance such that, by complying with the

ordinance a person would violate the rules in ATCP 134,

then the ATCP 134 rules control whenever it is possible

to comply with both a landlord and tenant must comply

with both the local ordinances and the Residential

Rental Practices rules.

The Residential Rental Practices rules may not change

any of the rights or duties assigned to landlord and

tenant in Wis. Stat. ch. 704.

Nonstandard rental provisions

If the landlord wants to include any additional

provisions to the rental agreement, the landlord and

the prospective tenant must separately negotiate those

provisions. Under the rules, a rental agreement may

include the following provisions only if the landlord and

tenant separately negotiate them and include them in a

separate written document entitled, "Nonstandard

Rental Provision":

1. Expanded landlord right of entry into the

dwelling unit. (ATCP 134.09(2)(c))

2. Authorized deductions from a tenant's security

deposit. (ATCP 134.06(3)(b))

3. Holding tenants personal property (ATCP

134.09(4)(b))

Wis. Stat., sec. 704.17

Terminating a Tenancy/Risk of Eviction

After giving proper notice to the tenant under Wis. Stat.

sec. 704.17, a landlord may start eviction proceedings

for any of the following reasons.

A landlord may start an eviction in small claims court

against a tenant who does not pay their rent, pays only

part of their rent, or pays the rent late (even one day

late). A landlord may also start the eviction process

against a tenant who breaks the rules or terms of the

rental agreement or causes damage to the property. A

landlord who receives written notice from a law

enforcement agency that the dwelling unit has been

declared a nuisance under Wisconsin Statutes section

823.113(1) or (1m)(b) may begin eviction proceedings

against the tenant.

Tenants may be given either a written 5-day or 14-day

notice to vacate the property.

• 5-day “Cure” Notice. This written notice from the

landlord gives the tenant five days to remedy or

move out within five days. If the tenant remedies,

the tenancy continues. If the tenant fails to

remedy within 5 days, the landlord may start

eviction proceedings under Wis. Stat. ch. 799.

• 14-day Notice. This written notice specifies that

the tenancy has ended because the tenant is in

default under the rental agreement. This notice

does not offer the option of paying the rent or

correcting the breach.

For month-to-month tenancies, a landlord may serve a

14-day Notice for either rent non-payment or for

damage/lease breach, without first serving a 5-day

Notice to cure.

For tenants on a lease for one year or less who fail to

pay a rent installment on time, the landlord must first

provide a 5-day “cure” Notice and option to remedy

before starting an eviction action under Wis. Stat. ch.

799. If the tenant remedies but fails to pay a rent

installment on time again within 12 months, the

landlord may then serve a 14-day notice with no option

to cure.

If a tenant refuses to leave the premises after receiving

the proper notice, the landlord may start an eviction

action in Small Claims Court. A tenant has the right to

appear in court to contest the eviction. If the tenant

fails to appear in court, the landlord may automatically

obtain the eviction order. The landlord may not

confiscate personal belongings or use force to remove

tenants from the rental unit until the judge orders an

eviction under Wis. Stat. sec. 799.44.

Additionally, if the court decides that the tenants

wrongfully stayed in the rental unit, the court can order

the tenants to pay the landlord twice the amount of

rent owed (prorated on a daily basis) for each day the

tenants stayed in the rental unit unlawfully. Wis. Stat.

sec. 704.27

Criminal Activity: Wis. Stat. sec.

704.17(3m)

A landlord may serve a tenant a 5-day Notice to vacate

the premises, without an option to stay, for criminal

actions by the tenant or their guests which threaten the

health or safety of, or right to peaceful enjoyment of

the premises by, other tenants or immediate neighbors.

This also applies to criminal activity which threatens the

health or safety of the landlord or their agents, and to

drug-related criminal activity on or near the premises.

Such a 5-day Notice must include the following:

• The basis for the notice.

• A description of the criminal activity or drug-

related criminal activity, the date it took place on,

and identification or description of the individuals

who took part in the activity.

• Notice that the tenant may seek legal

advice/volunteer clinic or tenant resource center.

• Notice that the tenant has the right to contest the

allegations before a court commissioner or judge if

an eviction action is filed.

This does not apply to a tenant who is a victim of the

criminal activity.

Change of Ownership

When a rental unit changes owners in the middle of a

lease, the new owner must observe all terms of the

existing lease. The new owners cannot make changes

(except minor rule changes) until the lease expires. Wis.

Stat. sec. 704.09(3).

Foreclosure – Protecting Tenants at

Foreclosure Act

If a tenant suspects that their rental property is in

foreclosure or is going into foreclosure, the tenant

should continue to make their rental payments as

required by the rental agreement unless the tenant is

otherwise directed by the court or by the agent

handling the foreclosure.

A tenant can determine whether their rental property is

in foreclosure by contacting the Clerk of Court for their

county. A tenant can also check on the Internet at the

Wisconsin Circuit Court access site, wcca.wicourts.gov.

If a tenant finds that their rental property is in

foreclosure, a tenant can contact the party foreclosing

to determine how the foreclosure might affect their

rental agreement.

Even though the bank is receiving the rent payments, all

other rights and responsibilities that the

owner/landlord has with respect to the tenants remain

in place. Until the bank actually forecloses, the owner is

still the owner. Landlords must maintain the rental unit

in a fit and habitable condition, the financial institution

is not explicitly obligated to assume the maintenance

duties of the owner.

Penalties for violating the residential

rental practice rule

The department understands that a vast majority of

landlords strive to fully comply with the rules

voluntarily. When the department finds violations, it

tries to obtain voluntary compliance from the

appropriate party whenever possible. However, if

enforcement action becomes necessary, violations of

the rules in ATCP 134 may result in penalties.

The actual penalties imposed by a court will depend on

the seriousness of the violations and the damages or

harm that resulted. Under Wis. Stat. sec. 100.26(6), a

court may impose a civil forfeiture of not less than $100

nor more than $10,000 for each violation. A district

attorney may also bring criminal misdemeanor charges

for violations of these rules which may result in a fine

not less than $25 nor more than, up to $5,000 for each

violation or a year in the county jail, or both. See Wis.

Stat. sec. 100.26(3).

In addition to any other penalties, the court may issue

an injunction telling the person not to violate the rules

again in the future and may order the person who

violated the rules to pay restitution to the victim.

A person may also bring a private action under Wis.

Stat. sec. 100.20(5) to recover the “pecuniary loss”

caused by violations of ATCP 134.

The Department of Agriculture, Trade, and Consumer

Protection investigates alleged violations of the

Residential Rental Practices rules. If prosecution is

necessary, the department works in cooperation with

the Wisconsin Department of Justice, or the local

District Attorney.

Private remedy for violations of the

rules

State law allows anyone who suffers monetary losses

because of violations of the Residential Rental Practices

rules to file a lawsuit on their own in state court (usually

small claims court) against the violator. In a private

individual lawsuit, the victim can recover from the

violator up to twice the amount of their “pecuniary

loss” that is their monetary “out-of-pocket” losses (or

damages), plus costs including reasonable attorney's

fees under Wis. Stat. sec. 100.20(5). How much a

person actually recovers depends on whether the victim

can satisfactorily prove to the court what monetary

losses and damages are suffered. The exact amount the

victim recovers is decided by the courts.

Parties may seek this remedy directly in court without

filing a complaint with the department. However, the

department’s involvement can often assist in resolving a

complaint. In addition, complaints assist the

department in monitoring the business’ practices to

ensure they are following Wisconsin’s Residential Rental

Practices rules.

For more information, see the notes following Wis.

Admin. Code ch. ATCP 134.05(3) and ATCP 134.06(2)(a)

which references a decision issued by the Wisconsin

Supreme Court. That decision, Pierce v. Norwick, 202

Wis. 2d 588 (1996), provides some guidance on what

the courts look at in deciding how to award damages

against a landlord who violated the rules in Wis. Admin.

Code ch. ATCP 134, regarding security deposits and

earnest money deposits.

Additional information

Wis. Admin. Code ch. ATCP 134, Residential Rental

Practices:

http://docs.legis.wisconsin.gov/code/admin_code/atcp

/090/134

Wis. Stat. ch. 704 Landlord and Tenant:

http://docs.legis.wisconsin.gov/statutes/statutes/

704.pdf

Wis. Admin. Code ch. ATCP 125, Manufactured Home

Communities:

http://docs.legis.wisconsin.gov/code/admin_code/

atcp/090/125.pdf

Wis. Stat. ch. 799, Sections 799.40 to 799.45 Evictions:

http://docs.legis.wisconsin.gov/statutes/statutes/

799.pdf

Tenants’ Rights & Responsibilities - BCP fact sheet:

https://datcp.wi.gov/Documents/LT-TenantsRights143.pdf

For

more information or to file a complaint,

visit our website or contact:

Wisconsin Department of Agriculture,

Trade and Consumer Protection

Bureau of Consumer Protection

2811 Agriculture Drive, PO Box 8911

Madison, WI 53708-8911

Email: [email protected]

Website: datcp.wi.gov

(800) 422-7128 TTY: (608) 224-5058

LT-LandlordTenantGuide497 (10/23)