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
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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
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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:
1
. T
he landlord rejects the tenant's application or
refuses to enter into a rental agreement with th
e
ap
plicant.
2
. 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
e
t
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
ir
ap
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
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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.
(c) Specifically, the landlord may not negotiate a
"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.
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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
6
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.
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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.
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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
r
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
p
ay.
Fail to tell a prospective tenant about any non-ren
t
c
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":
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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.
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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
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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
Website: datcp.wi.gov
(800) 422-7128 TTY: (608) 224-5058
LT-LandlordTenantGuide497 (10/23)