Types (6)
Commercial Lease Agreement (PDF)
A specifically-formulated document to be used in leasing situations where a property owner or landlord will be renting out their building, office, warehouse, or other space to a business owner.
Lease to Own Agreement (PDF)
Used for establishing an agreement where two parties (a landlord and tenant) agree that the tenant may purchase the rental property from the landlord at the end of the lease’s duration (if they so choose).
Month-to-Month Lease Agreement
Contrasting to leases that last 1 year or longer, this lease lasts only 1 month at a time, automatically renewing if neither party terminates it.
Roommate Agreement (PDF)
A document specifying a multitude of matters related to a shared rental property. The matters may include those of a legally-binding nature, such as the payment of rent, as well as non-legally binding ones, such as the disposal of waste.
Standard Residential Rental Contract
A type of lease agreement that is used for the majority of residential tenancy situations. Typically for leases with a duration of 1 year.
Sublease Agreement (PDF)
A tenant who will sublease their rental property should create this contract, together with the sublessee, to ensure all expectations and obligations regarding the sublease are clear.
Renting in Wisconsin
| Most Common Rental Type | Apartments |
| Average Rent | $1,142/mo |
| Households That Rent | 32.0% |
| Average Renter Household Size | 1.9 |
| Rental Vacancy Rate | 4.1% |
Source: U.S. Census Bureau, American Community Survey (2024)[1] & Housing Vacancy Survey (2024)[2]
What is a Wisconsin Lease Agreement?
A Wisconsin lease agreement is a written contract that defines what a landlord and tenant are each responsible for during a rental. It specifies the rent, maintenance duties, and procedures for ending the tenancy.
Wisconsin’s ATCP 134 prohibits a number of lease provisions, including clauses that waive a tenant’s right to a habitable unit. The state requires landlords to maintain premises in reasonable repair and in compliance with local housing codes.[5]
State Laws & Guides
Laws: Ch. 704 – “Landlord and Tenant” | ATCP 134 – “Residential Rental Practices”
When is Rent Due?
State law is silent on the matter of when rent is due. This should therefore be clarified in a written rental agreement. There is no grace period for charging late fees. However, a landlord is required to provide the tenant at least 5 days’ written notice after the rent is due before they may terminate the tenancy due to late rental payment.[3]
Landlord’s Access
Emergency: State law does not explicitly detail the matter of landlord access in emergency situations. It does, however, state that when the tenant is absent from the premises and the landlord reasonably believes that entry is necessary to preserve or protect the premises, they may enter without notice and with such force as appears necessary. In any case, under federal law, landlords have the right to enter without notice in emergency situations.
Non-Emergency: With “advance notice and at reasonable times,” the landlord may access the rental property to inspect the premises, make repairs and show the premises to prospective tenants or purchasers.[4] Although the precise definition of “advance notice” and “reasonable times” is not given, 12 hours is the statutory minimum per ATCP 134.09, and entry should occur during reasonable times such as business days from 9 AM to 6 PM.
Landlord’s Duties
Wisconsin law imposes the following maintenance obligations on landlords of residential rental property:[5]
- Keep the premises and all equipment under the landlord’s control in reasonable repair, including systems needed to supply agreed-upon services such as heat, water, and air conditioning.
- Maintain all common areas of the building in a clean, safe condition.
- Comply with all applicable local building and housing codes that materially affect health and safety.
Tenant’s Duties
Wisconsin does not codify a detailed list of tenant obligations in a single statute. Under state law, tenants are expected to refrain from causing damage to the premises through negligence or improper use.[5] The lease agreement serves as the primary source of specific tenant responsibilities, and failure to maintain the rental may result in deductions from the security deposit for repair costs beyond normal wear and tear.[8]
Required Disclosures
- Code Violations[6] – The landlord must disclose to the prospective tenant any building code or housing code violation if all of the following conditions are met: (1) they have actual knowledge of it; (2) the violation affects the rental property or a common area of the premises; (3) the violation presents a significant threat to the prospective tenant’s health or safety; and (4) the violation has not been corrected. The disclosure must be made prior to entering into a rental agreement or accepting any earnest money or security deposit from the prospective tenant.
- Conditions Affecting Habitability[6] – The landlord must disclose, prior to entering into a rental agreement or accepting any earnest money or security deposit from the prospective tenant, a number of conditions that affect the habitability of the rental dwelling. The conditions relate to such areas as the rental property’s water facilities, heating facilities, temperature, electrical system, structural conditions, plumbing, and sewage disposal facilities.
- Lead Paint Disclosure – If a landlord of a rental property built before 1978 has knowledge of any lead paint hazards in the property, they must alert tenants of them. They must additionally provide tenants with a government-produced pamphlet that outlines the issue in depth.
- List of Damages[8] – The landlord has 7 days after the start of the tenancy to notify the tenant in writing that they may request a list of physical damages or defects, if any, charged to the previous tenant’s security deposit. The list must be provided if requested, regardless of whether those damages or defects have been repaired. The landlord must provide it within 30 days after the request is received, or within 7 days after the landlord notifies the previous tenant of the security deposit deductions, whichever is later.
- Names and Addresses[6] – At or before the time a rental agreement is entered into, the names and addresses of the following two parties must be disclosed in writing. The first party being the person/s authorized to collect or receive rent and manage and maintain the premises, and who can readily be contacted by the tenant. The second party being the owner of the premises or other person authorized to accept service of legal process and other notices and demands on their behalf.
- Rental Property Inspection[8] – The landlord has 7 days after the start of the tenancy to notify the tenant in writing that they may inspect the rental property and notify the landlord of any preexisting damages or defects.
- Sex Offender Disclosure[7] – If a person makes a request to the landlord, in relation to the rental of the lease of the property, to disclose information about “whether a particular person is required to register as a sex offender” the landlord must disclose any relevant information they are knowledgeable of.
- Water, Heat, and Electricity[6] – The landlord must disclose if charges for water, heat, or electricity are separate to the rent amount. The disclosure must be made prior to entering into a rental agreement or accepting any earnest money or security deposit from the prospective tenant. If individual dwelling units and common areas are not separately metered, disclosure is also mandatory regarding how charges for utility services will be allocated among individual dwelling units.
- Domestic Abuse Protections[9] – The lease agreement must include specific language detailing a tenant’s legal protections if they are a victim of domestic abuse, sexual assault, or stalking.
- Security Deposit Receipt[10] – If the tenant pays the security deposit in cash, the landlord must provide a written receipt. No receipt is required for deposits paid by check.
Security Deposits
Maximum: There is no limit on the amount a landlord may charge a tenant for a security deposit.
Returning to Tenant: The landlord must return the security deposit within 21 days of the tenant vacating the premises at or before the termination date of the rental agreement.[8] If the landlord will withhold any portion of the security deposit, they must deliver, with the remaining security deposit amount, a written statement that describes each item of physical damages or other claim made against the security deposit, and the amount withheld as reasonable compensation for each item or claim.[8]
Deposit Interest: No statute.
- U.S. Census Bureau, American Community Survey 2024 1-Year Estimates
- U.S. Census Bureau, Housing Vacancies and Homeownership Survey (2024)
- Wis. Stat. § 704.17(3)(b) (Late Rent Termination)
- Wis. Stat. § 704.05(2) (Landlord’s Access)
- Wis. Stat. § 704.07 (Repairs; Maintenance Duties)
- ATCP § 134.04 (Disclosure Requirements)
- Wis. Stat. § 704.50 (Sex Offender Disclosure)
- ATCP § 134.06 (Security Deposits)
- Wis. Stat. § 704.14 (Domestic Abuse Protections)
- ATCP § 134.03 (Security Deposit Receipt)