A Wisconsin sublease agreement is a contract that allows an original tenant (or “sublessor”) to rent out a residential property that they’re already renting to a new tenant (or “sublessee”).
A sublease agreement must comply with the lease, and it cannot change the lease’s terms. The original tenant is still responsible to pay rent to the landlord on time, and they remain bound under the lease. If the sublessee breaches the sublease, the original tenant is liable.
To save time and ensure everything is filled out correctly, we recommend using our free Wisconsin sublease agreement builder or reading our steps on how to write a Wisconsin sublease agreement below.
How to Write a Wisconsin Sublease Agreement
- Date the sublease — Write the date on which the sublease agreement is completed.
- Name the landlord — The landlord on the original lease should be listed.
- Name the current tenant(s) — List all people named in the original lease.
- Name the subtenant(s) — Write the name(s) of whoever will be subleasing the property.
- State the address of the subleased property — Write the address of the property, including the city, state, zip code, and the floor or apartment number (if applicable).
- List terms of the original lease — List the commencement and end dates of the original lease. Format the dates in mm/dd/yyyy. It’s best practice to attach a copy of the original lease.
- List the sublease agreement terms — List the beginning and end dates of the sublease, formatted in mm/dd/yyyy.
- Include additional information — List any particular areas of the property that are available to the sublessee. Include all locations such as bedrooms, bathrooms, parking spaces, storage units, and furnishings. Also list any restrictions, such as smoking or pets, or any other relevant provisions you wish to include.
- Record the rent amount — State the total rent due for the entire sublease term, as well as the rent amount that the sublessee is responsible for each month. Also, list any utilities or additional fees owed each month, and note if the sublessee must pay the sublessor a security deposit.
- Sign the sublease agreement — Both the sublessor and the sublessee must sign and date the agreement, and print their names.
Wisconsin Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Wisconsin. Once you’ve filled out the Wisconsin sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Wisconsin laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Wisconsin Landlord-Tenant Laws: Chapter 704 of the Wisconsin Statutes
In Wisconsin, a sublessor must:
- Give a subtenant five days (5) written notice to pay rent or leave for the first violation and fourteen days (14) for the second within the last 12-month period
- Return the security deposit within twenty-one days (21) of the end of the sublease
- Provide twenty-eight days (28) written notice of your intent to not renew the sublease and/or original lease
Wisconsin Sublease FAQs
Is subletting illegal in Wisconsin?
No, subletting is not illegal in Wisconsin. Tenants generally have a right to sublease their rental property. However, in a fixed-term lease, the original agreement may forbid it.
Can a tenant sublet without permission?
No, a tenant can’t sublet without permission from their landlord, or if the original lease agreement prohibits it. If you have a month-to-month tenancy or tenancy-at-will, you must ask formal permission from your landlord before you’re allowed to sublet your property. You must provide a written request to your landlord, who has 30 days to respond.
Your landlord can only reject the request for reasonable, legitimate reasons (such as suspected financial instability of the sublessee, incompatibility of tenants, suspected illegality, etc.). If you have a fixed-term lease, such as one year, you may sublet without your landlord’s permission, as long as it’s not forbidden under the original lease terms. However, it’s best practice to always ask your landlord’s permission for open communication and transparency about who is living in the property.
How to end a sublease agreement?
In Wisconsin, a sublease is legally binding, and the only way to break it is to follow the same eviction process that a landlord would follow in order to remove a tenant from the property. Wisconsin tenant law lays out the reasons that either a landlord or tenant may break a lease.