Quick and Dirty Guide to Renting
Also available as a PDFor en español for easy printing.
Information in this brochure is only applicable in the City of Madison.
Purple bold or strikethrough language indicates changes under SB107 (Wis. Act 108). These apply to leases written after 12/21/11 or events that occur after that date, unless otherwise indicated in your lease. Have your lease available when calling the Tenant Resource Center so we can help you know what your rights are.
Red bold or strikethrough language indicates changes under SB466 (Wis. Act 143). These typically apply to leases written after 3/31/12 or events that occur after that date, unless otherwise indicated in your lease. Have your lease available when calling the Tenant Resource Center so we can help you know what your rights are.
Don't Rent Early
Why Wait For Spring? Lots of reasons!
1. Roommate conflicts. The earlier you sign a lease, the more time there is for a falling out with your future roommates. Remember, you'll be living with these people for an entire year.
2. Potential apartment problems. After living in your apartment for a while, you may find major problems such as a bad heating system or a basement that floods in the springtime. If you renew early, you'll be stuck there for a second year.
3. Unknown future plans. You may find a great opportunity for studying abroad or an internship, but if you've already signed a lease you might get stuck paying rent in Madison while you're away.
4. Lower rent. Many landlords reduce rent prices as it gets closer to summer, and there will always be apartments left unrented in August.
5. Once you sign a lease, you're stuck. You can't break a lease without consequences. There is no "3-day grace period," no medical excuse, no school transfer exception. Although the landlord must attempt to re-rent the apartment after you leave, s/he can charge you for all expenses (not including the cost of showing the apartment) incurred in doing so, plus the rent while the apartment is vacant. Subletting is an option, but you'll still be responsible for the apartment, and it can be hard to find sublessees.
Know Your Landlord and Apartment Before You Rent
Find a good landlord and a good apartment! Even if you think you aren't picky, you probably don't want to spend the winter without heat or a refrigerator, surrounded by mice, or with sewage in your basement.
• Current renters. Stop by and talk to the people who currently live there; if they've had landlord or apartment problems, chances are they'll be glad to talk with you.
• Consumer Protection. See if any tenants have filed complaints against the landlord. This only takes a minute; just call the Department of Agriculture, Trade, and Consumer Protection at 224-4953.
• Building Inspector. Find out if previous tenants have reported repair problems by calling the Building Inspector at 266-4551.
Look at the Apartment
The following are some things to look for and questions to ask when viewing apartments. It's always better to check things out yourself whenever possible rather than asking, since the answer you get might not be accurate. Take notes so you won't forget anything.
• Are there laundry facilities? How much does laundry cost?
• Is any furniture included? Are the basics there (fridge, stove) and do they work?
• Is there hot water and good water pressure? Do the tub and sinks drain?
• Are ceilings or walls stained or cracked? This may indicate defective rain gutters, or a leaking roof or plumbing, which could cause mold or a collapse.
• Are there working smoke detectors in the building?
• Are there functioning deadbolt locks on the apartment doors and exterior doors?
• Are there storm windows and/or screens on the windows? Are there locks?
• Do the windows have blinds? If not, will the landlord provide them? (Get this in writing, of course!)
• Are windows secure or loose in the frame? Very gently push to check.
• Are there roaches? Open cabinets and immediately shine flashlight, look for roaches and eggs.
• Are there mice? Look for droppings in drawers, cabinets and closets.
• Do they meet your needs for cable, phone, DSL or sattelite TV?
• Is there parking? How much does it cost? How is parking enforced?
• Who is responsible for cleaning the common areas/hallways, shoveling snow, and lawn care?
• Are any tenants staying? This shows the general satisfaction level with the building/landlord.
• Are pets allowed? Are there monthly pet fees?
• Does the furnace work? Even in summer, push the thermostat up to see if it turns on.
• Which utilities are included (gas, electricity, water, cable, phone)?
• If gas or electric aren't included, call MG&E at 252-7222 for the average bill for the apartment (or see their online estimation tool here). It could be hundreds of dollars per month in the winter.
Get ALL promises to repair IN WRITING! Verbal promises mean almost nothing. If the landlord agrees to paint, replace carpet, re-glaze the tub, etc., this must be written, with a specific deadline (e.g. by move-in date), into the lease. It's best to add that if repairs are not completed satisfactorily by that date, rent will be reduced until the repair is completed. Again, this must be in writing.
"Money Down" or Earnest Money
Many landlords request earnest money before they will review your application. This amount can range from up to $20 for a credit check fee (must be from a national company) to one month's rent. What happens to the money depends on which of the following four situations you end up in:
1. If you are accepted and you still want the apartment: The landlord must return the earnest money or apply it to your security deposit or first month's rent.
2. If you are accepted but you don't want the apartment: The landlord can deduct for the costs of re-renting the apartment (e.g. advertising). If this happens, make sure you ask for receipts for all expenses. You can end up losing all of the earnest money, so don't put anything down unless you are sure you want the apartment!
3. If you withdraw your application before you are accepted or denied: The landlord must return all of your earnest money by the end of the next business day.
4. If your application is denied: The landlord must return all earnest money by the end of the next business day. They must also provide a written explanation of why you were denied if you requested on the application to be informed. If you feel you were discriminated against, call the Equal Opportunities Commission at 266-4910 or the Fair Housing Center of Greater Madison toll-free at 877-647-FAIR. Also check out our Discrimination page.
READ the Lease
If you have any questions about your lease, bring your lease into our office. We can help you decipher it, write in needed repairs, and spot any illegal provisions. The following is a list of some common things to watch out for in a lease:
The amount of rent, apartment address, or dates of occupancy are not filled in. If these aren't on the lease, your landlord could try to give you a different apartment, raise the rent, or terminate your tenancy with only 28 days' notice.
Set cleaning fees. Usually, landlords must provide receipts as proof of any cleaning costs. Pre-set fees are a way for them to avoid this and potentially overcharge you. Try to get this part taken out of the lease.
Fees for carpet cleaning or painting. Landlords can't deduct from your security deposit for routine carpet cleaning or painting unless the damage is beyond normal wear and tear, or require that you pay for routine carpet cleaning at the end of your lease period.
Responsibility for repairs is placed on you. This is illegal. The landlord is responsible for repairs of the structure and supplied amenities. They may only require you to pay if damages were caused by you or your guest. If your lease contains a clause like this, you may be able to end the lease without penalty.
"Landlord may add or change rules during tenancy." In this case, the landlord may try to change the rules for their benefit. Suddenly you might not be allowed to have porch furniture or do laundry after 8pm. Get this removed from the lease. If you're presented with a rule change during the lease you don't have to sign it. The landlord cannot unilaterally change the rules in the lease.
Separate addendums. Anything you don't sign won't bind. Be careful about these addendums if you do sign them. They often contain provisions which are to the landlord's advantage. Typically, anything in a "NONSTANDARD RENTAL PROVISIONS" form waives
your rights as a tenant in Wisconsin.
Clauses that allow you to automatically break your lease. Usually, an illegal rule in a lease will be unenforceable while the rest of the lease is still valid. However, if your lease has any of the following provisions, you can automatically break your lease with no further obligations to pay rent - these provision make your lease "void and unenforceable." Previously, case law was most clear about the provisions below about legal fees. Recent changes to state law make it more clear that the other provisions also make a lease void and unenforceable.
- Allows a landlord to increase rent, decrease services, bring an action for eviction, refuse to renew, or to threaten any of these actions because a tenant has contacted law enforcement or emergency services for their safety (Wis. Stats. 704.44).
- Eviction in any other way besides by state law (see Eviction)
- Speeding up rent payments for breaking the lease
- Requiring tenant to pay landlord attorneys fees or costs for defending your rights, unless the court awards them
- Allowing the landlord to “confess judgment” for the tenant for any action in the rental agreement
- Excusing the landlord for liability for property damage or personal injury due to negligent acts or omissions by the landlord.
- Imposes liability on tenant for personal injury arising from causes beyond their control or property damage caused by natural disasters or by persons other than the tenant or their guests.
- Waives responsibility for landlord to provide premises in habitable condition or maintain the property
- Allows the landlord to terminate the tenancy if a crime is committed in or on the rental property, even if tenant could not have reasonably prevented the crime.
In sum:
• Read the lease carefully, and watch out for the above mentioned things.
• Write in needed repairs with a set deadline before you sign the lease.
• Bring your lease and any addendums to the Tenant Resource Center so we can check it over.
• Get a copy of the lease for your own records immediately after you've signed it.
Roommate Agreements
Many tenants, even close friends, end up having conflicts. To help avoid disputes about boyfriends/girlfriends moving in, cleaning, subletting, pets, noise, smoking, etc., you and your roommates should seriously consider filling out a roommate agreement. In the case of disagreements over who owes what for bills and rent, a roommate agreement is the best way to show who is responsible for what if you end up in court.
For a copy of a roommate agreement, stop by our office or click here.
Moving In
Check-In Forms
Your landlord is required to notify you in writing you have at least 7 days to report any pre-existing damages or defects.
The new law also requires the landlord to provide the tenant a "standardized information check-in sheet that contains an itemized description of the condition of the premesis at the time of check-in." So it appears that the landlord should fill in the check-in sheet. If the landlord fails to do so, it will be very difficult for them to prove the condition of the apartment if they try to make deductions from your security deposit.
Addtionally, the new law says that "The tenant shall be given 7 days from the date the tenant commences his or her occupancy to complete the check-in sheet and return it to the landlord." So, it appears there should also be an area for the tenant to fill in the check in sheet as well. It is unclear if there is a deadline for the tenant to fill in the check in sheet, but the landlord should give you at least 7 days. And, we don't believe failure to meet their deadline in any way negates the information on the form.
Write down, take photos, or make a video tape of all existing damage, such as carpet stains, scratches on the floor, missing refrigerator drawers, etc.
If you didn't get a check-in form, make your own, take pictures, or make a video tape. Send a copy to the landlord, signed, dated, and with a statement saying that you provided the check-in form because the landlord didn't. You can also find a sample check-in form here on our website. Landlords would have to modify this form for their purposes or fill one out themselves and also offer one to you.
Dirty apartment
If the apartment is dirty, either don't clean it and notify your landlord immediately to have it cleaned or negotiate to have the landlord reimburse you for cleaning. Make sure you get a written agreement including a wage per hour or discount in rent.
Common Problems During Tenancy
Repairs and pests. If something needs fixing, call your landlord. If your landlord doesn't respond and it's an emergency such as no heat, water, or electricity, call the building inspector at 266-4551. If it isn't too urgent, write a letter and give a deadline for completion. Keep a copy for yourself for documentation. If your landlord still doesn't fix the problem, call the building inspector. The inspector will look at your apartment and order your landlord to fix any code violations. If your landlord does not complete the work order by a specified deadline, you could be eligible for rent abatement. Do not start withholding rent on your own or you may be evicted. You should wait for notice from the building inspector's office and complete the rent abatement process before you can deduct from your rent.
Landlord Entry. If your landlord enters without 24 hours notice (except in emergencies or with 12 hours notice to show the apartment), you should write them a letter citing the dates of illegal entry as well as the law prohibiting it (MGO 32.05 or ATCP 134.09(2)). If it continues call 224-4953 to file a complaint with Consumer Protection, which will send a written warning to the landlord. You can also call the police non-emergency number if you're home when the landlord tries to enter illegally: 266-4275 and they could be ticketed for up to $600.
Retaliation. It is unlawful for any landlord to retaliate against a tenant who exercises his/her rights. A landlord cannot issue an eviction notice, increase rent, decrease services, or threaten not to rent or renew a lease just because you asked for repairs or called the building inspector. If you think your landlord is retaliating, contact the Tenant Resource Center for more information.
Note: It's important that you keep a log of all the dates and details of any problems such as repairs, harassment or landlord entry. This way, if you ever end up in court or need to cite dates, you'll have clear documentation and won't have to try to remember dates and times.
Security Deposits
A security deposit is the money you give the landlord in case the apartment is damaged during your tenancy or to cover unpaid rent. The deposit may not be more than one month's rent. The following are a few things to keep in mind about security deposits:
If your deposit was more than one-half month's rent, your landlord must add simple annual interest of 0.81% for leases signed in 2004 and 0.72% for leases signed in 2005, starting from the date you paid the deposit and using the rate in effect at that time for the entire lease period. The interest rate changes every January 1, and can be found on the City of Madison's website at http://www.cityofmadison.com/BI/WIFDIIntRate.pdf. For leases signed before January 1, 2004, the interest rate is 5% (for every month when rent was paid on time).
If the landlord did not give you a check-in or check-out form, s/he may not deduct for any cleaning costs or damages.
The landlord must return your security deposit or a written, itemized list of deductions within 21 days from the date your lease ends or the date you notify the landlord in writing that you have moved out. If they don't, you could sue for up to triple double damages plus court costs and attorney fees. If your landlord does deduct, ask for receipts of all the deductions to ensure that they are deducting fairly. You may also request a copy of the deductions made from the previous tenants' security deposits.
SB107 or Wis. Act 108 removes the following rights of tenants expected to end 12/21/11 unless written into your lease. For this issue, in many instances, it may be in your lease.
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