TurboTenant’s Wisconsin lease agreement has been written and reviewed by Wisconsin lawyers and landlords. It’s been drafted to keep you compliant and covered as you rent out your property.
Click this link to see an example of the Wisconsin Lease Agreement.
Overview
The Wisconsin lease agreement is split up into three sections.
Section 1 contains information specific to you, your tenants, your rental property, and the details of your lease. This is all information that you add during the lease creation process in TurboTenant.
Section 2 contains clauses in accordance with Wisconsin law. In order to stay compliant with the law, you will not be able to edit any details in Section 2.
Section 3 contains general clauses for landlords in the United States. It was drafted with best practices in mind for the landlord, tenant relationship. Like Section 2, you will not be able to edit these details.
While you may not edit all of the specifics directly, remember you can add additional provisions that supersede any existing language in the lease by using the Additional Provisions section. This gives you customization and flexibility should you have unique things you want to ensure are covered in your lease.
Section 1 - Custom to You
Section 1 contains the custom details relevant to you, your tenants, and your rental property— who is on the lease, rent amount, utilities, etc. You’ll add these details during the lease creation process
We’ve set up the lease agreement in a way that is easy for you and your tenants to understand. You’ll see the main details you’ve added to the summary table at the front of the lease agreement. The remaining items—like smoking, utilities, keys, etc.—are outlined in the rest of Section 1 as you can see in this example Wisconsin Lease Agreement.
Here are a couple of other items in Section 1 worth mentioning:
Additional Provisions: this is where you can add any property specific rules, necessary local clauses, or other specifics you want to include. We recommend that you review any additional provisions with a lawyer.
Lost Key: if your tenants do not return all keys to you when they move out then they are required to pay for the full cost of rekeying the property.
Section 2 - Specific to Wisconsin
Section 2 includes language that is specific to Wisconsin. In order to help make sure you stay compliant with local laws, we’ve not allowed you to edit the details here.
There are some clauses in Section 2 that we wanted to call out so you understand how it affects you and your tenants.
Late Fees - Section 2.1
Rent is due in full on the first day of each and every month. If the rent is not received on or before the 5th day of the month, you may charge your tenants a late fee of $20 or 20% of the total unpaid rent amount, whichever is greater. If that day falls on a Sunday or holiday, the fee will not be imposed. So for example, if today is the 6th and your tenants have not paid their $1,000 monthly rent amount, then you may charge them a late fee of $20.
Security Deposit Provisions - Section 2.4
Security deposits requirements may vary quite a bit from state to state. In Wisconsin:
First, before accepting any security deposit the landlord must provide written notice that the tenant has at least seven days to inspect 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.
Security deposit returns in Wisconsin also have some unique rules:
Within 21 days after obtaining possession of the premises the landlord shall return to the tenant the security deposit which was deposited with the landlord by the tenant along with a written itemization of any lawful deductions, mailed to tenant's forwarding address.
Fair Housing - Section 2.11
Civil rights laws of the United States and Wisconsin prohibit housing discrimination on the basis of race, color, religion, national origin, sex, marital status, disability, sexual orientation, gender identity or familial status. Milwaukee has an added protection for people receiving rental assistance. There may be additional local ordinances that may include other protected classes. Please research protected classes in your county if there is a concern. All parties to this Agreement shall act according to all applicable fair housing laws.
Notice of Domestic Abuse Protections - Section 2.17
A tenant has a defense to an eviction f the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking. There is some additional detail that we've included, based on the law, in our lease agreement for Wisconsin on this provision.
Required Disclosures
Past Code Violations - disclosure of any present or past code violations is required - Section 2.18.
Shared Utilities - a list of all shared utilities and the formula for how they are divided is required - Section 2.19.
Section 3
The clauses in Section 3 are standard to most lease agreements. Along with the rest of the lease agreement, we worked with experienced landlords to make sure you are following best practices in your lease agreement.
Subletting - Section 3.1
Your tenant is not at all allowed to sublease the rental property without your written permission.
Altering or Improving the Property - Section 3.2
Your tenant cannot make any alterations or improvements—like repainting—without your written consent. Unless agreed upon, when they move out, the property must be in the same condition that it was in when they moved in.
Choice of Law - 3.11
The rental agreement will be governed and construed in accordance to Wisconsin's own laws. Also there is a requirement to consent to the use of the county courts in which the property is located.
Follow the Law (noise, drugs, etc.) - Section 3.14
Your tenant cannot break any law or ordinance (federal, state, or local) while on your rental property. This also includes a clause saying they are not allowed to be annoying or a nuisance to neighbors while on the property. Any of the above can be good grounds for terminating the lease agreement.
Attorney's Fees - 3.17
Requiring tenant to pay any attorney's fees or costs is not allowed under Wisconsin law.
Missing something you want to make sure is included?
This article only includes an overview of some of the details included in the Wisconsin Lease Agreement. You can read the whole agreement and double-check for specific details by clicking this link to see an example of the agreement.
We wanted our lease agreement to handle the majority of use cases for landlords in Wisconsin. However, we do know that some rental situations are unique. If there are other specifics you want to outline in the lease agreement, you can do so in the Additional Provisions section while creating your lease agreement in TurboTenant. We recommend that you review them with a lawyer to ensure you stay compliant with the law.
Disclaimer: Changing some terms in the lease may conflict with state or local laws. If you make large edits, we recommend speaking with an attorney. Please have a look at your specific state lease agreement for more information. TurboTenant is not responsible for edits that are not compliant with state laws. TurboTenant is unable to provide legal advice.
DISCLAIMER: This lease agreement is not warrantied, either expressly or implied, by TurboTenant, Inc. as to their effectiveness or completeness. TurboTenant, Inc. does not provide legal advice. TURBOTENANT, INC. AND ITS SERVICES, DOCUMENTS, RECORDS, AND PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. The user is advised to check all applicable state and federal laws before using this agreement, attachments, disclosures, forms, or parts thereof and to have them reviewed by competent legal counsel prior to use.