Landlord–Tenant Law Primer
Not all Ready to Rent volunteers have studied landlord–tenant law. Anyone can volunteer so long as they are eager to learn the material!
Landlord–Tenant law in Wisconsin is generally rooted in Wis. Stat. § 704, Wis. Stat. § 799, and Wis. Admin. Code ATCP 134. Discrimination is most Ready to Rent students' biggest concern. In Wisconsin, landlords may legally deny housing because of an applicant's conviction record. Therefore, many individuals find securing housing extremely difficult after they are released from the Ferris Center. Ready to Rent's mission is to educate these individuals about the rental process and provide them with a certificate which can establish credibility with potential landlords.
Below is some basic information which may help you navigate the class materials and provide background knowledge throughout your lesson(s). You should also review the class materials, as much of the relevant law is explained throughout the course.
Landlord–Tenant law in Wisconsin is generally rooted in Wis. Stat. § 704, Wis. Stat. § 799, and Wis. Admin. Code ATCP 134. Discrimination is most Ready to Rent students' biggest concern. In Wisconsin, landlords may legally deny housing because of an applicant's conviction record. Therefore, many individuals find securing housing extremely difficult after they are released from the Ferris Center. Ready to Rent's mission is to educate these individuals about the rental process and provide them with a certificate which can establish credibility with potential landlords.
Below is some basic information which may help you navigate the class materials and provide background knowledge throughout your lesson(s). You should also review the class materials, as much of the relevant law is explained throughout the course.
Lease AgreementsA lease agreement is a contract. Most landlords use a form lease which does not change tenant to tenant. Reading your lease thoroughly is important because violating any of the provisions, no matter how small, can result in eviction.
Wisconsin law requires that certain provisions be included in every lease. This includes, but is not limited to, the (1) term of the lease, (2) rent, (3) security deposit, (4) landlord contact information, and (5) apartment/unit address. The law also states that certain clauses cannot be in a lease. Illegal clauses include those that allow a landlord to evict a tenant without following the procedure in Wis. Stat. § 799 and clauses which allow a landlord to force a tenant to pay court fees and attorneys fees if they try to assert their rights in court. |
Security Deposits & YouEvery tenant wants their entire security deposit back, but this is a rare occurrence. Wisconsin law mandates that, after a tenant's lease has ended, a landlord mail or deliver a tenant's security deposit, or an accounting of how it was spent, to the tenant's last known address within 21 days.
A security deposit accounting must state the amount of the deposit and any amounts the landlord is withholding. For example, a landlord cannot simply return $100 out of a $300 security deposit without explanation. They must clearly identify how the charge was incurred. For example, $35 for wall repair. No landlord may deduct from a security deposit for normal wear and tear. Landlords can charge for any "waste, damage, or neglect" the tenant caused to the rental unit. In order to know what damage was caused by a particular tenant, landlords rely on a check-in form, which is usually completed when a tenant moves in. By law, landlords must give their tenants a check-in form when they move into a unit. Tenants must fill this form out within 7 days and return it to their landlord, as well as keep a copy for themselves. For more on security deposits, see Wis. Stat. § 704.28. |
Landlord–Tenant RelationshipAll landlords have certain responsibilities under the law. In Wisconsin, landlords must:
Tenants, in turn, have certain duties to their landlord. For the most part, tenants' duties can be summarized by the phrase "if you break it, you buy it." If the landlord can prove that the damage was caused by a tenant's action (or inaction) then the landlord may not have to make the repair or can charge the tenant for the repair. For example, if the tenant turns the heat off in the middle of winter and the pipes burst– guess what? The tenant has to pay for the repair. |
This page was created by the student coordinators of the Ready to Rent program. This site and its contents are not legal advice. All the information contained on this page is merely meant to provide a legal background to anyone interested in participating in the Ready to Rent program as a student presenter. Any legal information provided is to be used at your own risk. We do not warrant that the legal information provided is accurate or complete. The Ready to Rent program does not claim any ownership of or intellectual property rights in any of the copyrighted material contained herein.
This site is not intended to be viewed by anyone under the age of 13. The intended audience of this page is any University of Wisconsin law student interested in participating in the Ready to Rent program. If the administrators of this site are contacted by anyone whom they believe is (a) not a University of Wisconsin law student or (b) under the age of thirteen, the communication will be permanently deleted without response or notice.
All pictures used on this site were found via the public domain or were provided by Weebly unless otherwise marked. The Ready To Rent program does not claim ownership or exclusive right to any of the content contained therein.
This site is not intended to be viewed by anyone under the age of 13. The intended audience of this page is any University of Wisconsin law student interested in participating in the Ready to Rent program. If the administrators of this site are contacted by anyone whom they believe is (a) not a University of Wisconsin law student or (b) under the age of thirteen, the communication will be permanently deleted without response or notice.
All pictures used on this site were found via the public domain or were provided by Weebly unless otherwise marked. The Ready To Rent program does not claim ownership or exclusive right to any of the content contained therein.