A Wisconsin lease agreement is a document that lets a tenant enter into a contract so they can live at a landlord’s property temporarily. It contains information like the name and address of the tenant and landlord, the address of the property, the length of the lease, pet allowances, safety disclosures, and rent payment specifics.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: No.
- Late Fees in Rental Agreement: Yes.
- Grace Period: No.
- License Required for Landlord: No
Landlords can request that tenants fill out a rental application form to evaluate their past rental behavior and reliability.
By Type (6)
Month-to-Month Rental Agreement
Lets a landlord rent their rental property to a tenant on a monthly basis.
Commercial Lease Agreement
A binding agreement in which a landlord leases a space to a tenant for commercial activities.
Room Rental Agreement
A legal contract between a property owner and a lodger, specifying the conditions for renting a room within the owner's residence.
Rent-to-Own Lease Agreement
A leasing contract that allows a tenant to rent a property with the possibility of purchasing it in the future.
Required Lease Disclosures
Federal law and the Wisconsin Civil Code outlines the following disclosures:
- Disclosure of Lead-Based Hazards: All Wisconsin landlords of any building constructed before 1978 must notify all tenants of the potential existence of lead-based hazards. [1]
- Rental Inspection Checklist: Landlords must provide all tenants with a rental inspection checklist upon moving into the premises. The tenant has seven days from the move-in date to complete the checklist. [2]
- Notice of Abandoned Personal Property: If a tenant abandons personal property and leaves it at the property, a landlord may, at their sole discretion, dispose of the property. It is common practice to notify the tenant before disposing of any property. [3]
- Code Violations: Building code violations that could affect the quality of the living situation. [4]
- Identification of Landlord or Authorized Agents: Their contact information and the contact information of any managers with access to the premises. [5]
- Utility Charges: The landlord must reveal the division of utility charges if the property doesn’t have separate meters for different tenants. [6]
Security Deposit
- Maximum Amount: No maximum.
- Receipts: A landlord must distribute a receipt for any security deposit they receive. [7]
- Interest Payments: Not required.
- Bank Account: There is no statutory requirement for the location of a security deposit, but landlords may want to place it in a separate account in a financial institution and give the tenant the name of the financial institution holding the deposit.
- Returning Requirements: Landlords must return a tenant’s security deposit within twenty-one days of either the termination date of the agreement or the date a new tenant’s tenancy begins. [8]
- Before a landlord accepts a security deposit, a tenant is afforded at least seven days after the start of the rental agreement to inspect the premises for any damages or defects and request a list of damages or defects charged to the previous tenant’s security deposit. [9]
- Withholding Rules: If the landlord withholds any portion of the deposit, they must deliver the tenant a statement accounting for all items. They should describe each item of physical damage and any other claim they make against the deposit. [10]
Rent Payments
- Laws: Rent is often due at the start of a rental period.
- Rent Control: There are no statewide rent control laws. No county, town, village, or city can impose rent control measures. [11]
- Late Fees and Grace Period: Any late fee the landlord charges must appear in the written lease. [12] There’s no grace period for rent payments, meaning a landlord can distribute a 5-day notice to quit for non-payment as soon as the rent is overdue.
- Withholding Rent: The tenant may qualify for rent abatement if the property’s conditions are poor, but they can’t withhold the entire rent amount if they remain on the property. [13]
Landlord Right of Entry
- Notice Requirements: Wisconsin landlords may enter the premises to inspect, make repairs, and show the premises to prospective tenants or buyers if advance notice is provided to a tenant and at reasonable times. The law does not specify the amount of notice required, but it should generally be at least twelve (12) hours.
- Emergency entry by a landlord is allowed without any notice if the tenant is not present at the premises.
- Keys, Locks, and Security: A tenant can request to change the locks if they provide the proper documentation. [14]
Property Repairs
- Landlord Responsibilities: The landlord may inspect the property, perform repairs, and show the unit to prospective buyers or tenants. [15]
- Tenant Repairs: The tenant can’t make any physical changes to the nature of the property, including altering, removing, decorating, or adding to the structures without the landlord’s consent. [16]
- Abandonment: If the tenant’s neglect causes a breach of the lease, the landlord can serve a 5-day notice to quit for non-compliance. [17]
Terminating a Lease
- Month-to-Month Tenancy: A 28-day notice ends a month-to-month tenancy. [18]
- Unclaimed Property: The landlord can dispose of any abandoned property as they see fit. The exception is medical equipment, which the landlord must hold for seven days before disposing. [19]
City-Specific Considerations
Wisconsin landlords and tenants follow the above requirements when entering rental arrangements. However, Milwaukee parties have local regulations to consider. No matter the city where you’re entering a lease agreement, be sure to check your local laws to remain in compliance.
Sample
Download our Wisconsin lease agreement as a PDF or Word file to create customized terms for your rental property:
