What is the state legislation governing residential tenancies in Wisconsin?

Landlord tenant law is governed by individual state statutes. In Wisconsin, that legislation is Section 704 Wisconsin Statutes. However, specific localities may have passed more stringent ordinances that could affect the rights of the parties.

What types of rental periods are provided for in the legislation?

Fixed term leases for specific periods (such as 6 months, 1 year, etc.) and with a specified termination date, and periodic tenancies or tenancies at will, which are informal agreements with no specific termination date. Periodic tenancies can be day-to-day, week-to-week, month-to-month, and year-to-year arrangements. Tenancies at will are arrangements where a landlord has agreed to allow a tenant to stay at the property without a valid lease and where no regularly scheduled rent payments are due.

Is it necessary to have a written rental agreement / lease?

No, rental agreements are not required to be in writing, although it is recommended. Generally, if the lease covers a period of more than 1 year, it must be in writing to be enforceable. However, if there is a written agreement, the landlord must give the tenant an opportunity to read it beforehand, and must furnish the tenant with a copy of the agreement after signing it.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

If an earnest money deposit is required with the rental application, the landlord must return the entire deposit by the end of the next business day if the application is rejected. If a tenant decides not to rent, the landlord can withhold actual costs or damages from the deposit.

If a security deposit is required, the tenant has 7 days from the beginning of the tenancy to inspect the premises and notify the landlord in writing of any defects. In addition, before accepting the security deposit, the landlord must notify the tenant of his/her right to request a list of damages charged to the previous tenant.

When the tenant vacates the premises, the landlord must return the security deposit, or provide a written accounting of any deductions from the security deposit, within 21 days. The landlord can make deductions for unpaid rent or damages for which the tenant is responsible, or for utility bills paid by the landlord. However, a deduction for cleaning or carpet shampooing, in the absence of abuse, waste or neglect on the part of the tenant, is prohibited.

The landlord may charge the tenant the actual cost, not to exceed $20, of a credit report obtained from one of the 3 nationwide credit reporting agencies, but only if the landlord has notified the tenant in advance of the charge and also provides a copy of the report. If the tenant has a credit report less than 30 days old, the tenant can provide this to the landlord instead of obtaining a new report.

State law does not require payment of interest on security deposits.

When is the landlord allowed to increase the rent?

There are no State laws limiting the amount of a rent increase. If the tenancy is month-to-month, the landlord may raise the rent by giving the tenant written notice at least 28 days before the next rent due date. If the lease is for a fixed term, the rent may not be increased during the term unless specifically set out in the lease.

When is rent considered late?

Rent is late the day after it is due.

How can a lease be terminated?

For a periodic tenancy or tenancy at will, the landlord may terminate the tenancy by giving the tenant at least 28 days written termination notice. The tenant must also give at least 28 days notice unless a longer notice period was agreed to. A written termination notice may be served in person or by certified or registered mail.

A fixed term lease terminates automatically at the end of the lease, unless the rental agreement specifies otherwise. If the lease provides that it will be automatically renewed or extended unless the tenant gives advance notice of termination, the landlord must remind the tenant of that provision at least 15-30 days in advance of the notice deadline, otherwise, the automatic renewal or extension may not be enforceable.

Both the landlord and the tenant may agree to end the lease prior to the termination date, by written agreement signed by both parties.

When is the landlord permitted to enter the premises?

A landlord has the right to inspect, repair and show the premises at reasonable times. Except in emergency situations, the landlord may only enter after 12 hours advance notice, unless the tenant consents to entry on shorter notice.

On what grounds can a landlord evict a tenant?

A tenant who fails to pay all of the rent when it is due (even if only 1 day late), or who breaks the terms of the rental agreement, or who causes damage to the premises, is at risk of being evicted.

For a month-to-month or week-to-week tenancy, the landlord may give either a written 5-Day Quit or Pay Rent Notice, or a 14-day written notice to vacate the property.

5-Day Notice. The 5-Day Notice gives the tenant 5 days to pay the rent or move out within the 5-day period. If the tenant pays, the tenancy continues. This notice can also be used for violations of the rental agreement or for material damage to the property.

14-Day Notice. The 14-Day Notice states that the tenancy has ended and sets out the grounds for termination. This notice does not offer a tenant the option of paying the rent and staying in the premises. If the landlords wants to evict a tenant for violation of the rental agreement, a 14-day notice is usually given.

For year-to-year periodic tenancies or for fixed term leases of a year or less, the landlord may serve a 5-day written notice. If the tenant pays the rent within 5 days, the tenancy continues. If the tenant fails to pay the rent again within the following 12 months, the landlord may then give a 14-day termination notice for failure to pay rent without giving the tenant another opportunity to continue the tenancy. If a 5-day notice is given for breach of the rental agreement, the tenant may remain in the premises if he/she cures the breach and complies with the terms of the agreement. If a tenant breaks any rule or causes damage within the following 12 months, the landlord may give a final 14-day termination notice specifying the breach or damage.

If the tenant has signed a lease for more than 1 year, the landlord must give a 30-Day Pay or Vacate Notice.

Landlords are now allowed to evict tenants for nuisances related to drugs. The tenant is given a 5-day notice to vacate. If the tenant contests the eviction, the landlord must have a written notice from a law enforcement agency, stating that the nuisance exists.

if a tenant refuses to vacate the premises after the tenancy is terminated, the landlord may start an eviction action in Small Claims Court. The tenant will be served with a summons to appear in court. Both sides can present their evidence and the judge will make a decision regarding the eviction. If the court rules in the landlord’s favor, the judge may issue a court order requiring the tenant to leave the property. Only the County Sheriff may remove a tenant and his/her belongings from the premises, if necessary. The landlord may not confiscate the tenant’s belongings, turn off the utilities, lock a tenant out or use force to remove a tenant.

If the court determines that a tenant has wrongfully overstayed, the landlord may be awarded twice the amount of rent, prorated on a daily basis, for each day the tenant has unlawfully remained in the premises.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.