Fees and Liquidated Damages
This article will discuss fees, liquidated damages, and other charges under Wisconsin tenant-landlord law.
Money Paid at the Time of Signing the Lease
When a tenant and landlord are signing the lease, the tenant is usually paying a substantial amount of money. (Note: This is different from the fees that may be charged as part of the rental application to a prospective tenant. The laws on earnest money deposits apply to fees charged before a lease is signed in addition to a credit check and background check.)
Continue reading
Negotiation 101
Many problems people encounter while renting could be resolved with effective communication. Of course, there are other options if a conversation isn't successful, but sometimes trying it is a good place to start. Many enforcement agencies (such as building inspection departments and DATCP) ask if you have attempted to resolve the situation amongst yourselves and it is helpful to have documents to demonstrate the negotiations you have attempted.
Continue reading
Service Animals and Emotional Support Animals
← Back to Discrimination.
Under the Americans with Disabilities Act (ADA), a Service Animal is “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” (Note: miniature horses are technically service animals, as well.)
Continue reading
Constructive Eviction
← Back to Repairs.
"Constructive eviction" is a defense used in court, when:
a rental unit becomes unlivable, and
the tenants have moved out because of the issues which caused the unit to become unlivable, and
the landlord ends up suing the tenants for back-owed rent
Constructive eviction eviction is not:
A defense that can be used if the problem was a result of a tenant’s “actions or inactions”
The same as rent abatement
Something a tenant can claim if they are still living in the unit
Continue reading
Bedbugs
← Back to Repairs.
What are bed bugs?
Bed bugs are tiny brown insects about the size of an apple seed. They typically spend the day in small cracks and crevices in the bedroom—often in the bed. At night, they bite and feed on the blood of the person sleeping in the bed, then return to their hiding place. Under the right conditions, adult bed bugs can survive up to one year without feeding, which is one reason it can be so hard to get bed bugs out of a home.
According to DATCP, bed bugs are found throughout Wisconsin and commonly in buildings occupied by tenants, such as private homes, apartment complexes, communal living facilities, and hotels.
As their name suggests, bed bugs are often found in living and sleeping areas. Although sometimes associated with poor sanitary conditions, eliminating clutter helps ensure successful treatment.
Continue reading
Rent Increases
Rent Increases
This page covers the legality of rent increases, limitations on rent increases, and frequently asked questions about rent increases.
Continue reading
Subletting
Tenants who are subletting should make sure they understand their rights and responsibilities. In this blog, we explain different subletting arrangements and best practices for protecting the original and new tenants’ interests.
Continue reading
Introduction to New Blogs
It has been a while since we published a new blog! COVID threw us all into new areas of focus. But we are going to start publishing new blogs and updating the old blogs. Today is the first blog. It focuses on a situation a lot of renters face, especially college students – subletting.
Continue reading
(Not) Evicted in Dane County
This post discusses a 2016 UW-Madison Urban and Regional Planning's report: Evicted in Dane County, Wisconsin, A Collaborative Examination of the Housing Landscape. (See Below for Major Findings)
Continue reading
Exclusive Possession
Hey all!
We've been talking to a lot of people about what home means to them, and it's got me thinking about the basics, about what a home means in tenant-landlord law.
One of the most basic building blocks in tenant-landlord law is exclusive possession. It is a concept that means that once a landlord offers a space for rent, a tenant has exclusive possession, and, within the rules of the lease, can do whatever they want within the home (as long as it's legal, of course).
For many people, you love who you love in your home. You cook the food of your heart in your home. You raise your children at home. You feel safe to be yourself in your home. These deeply felt concepts are due to the tenant having exclusive possession.
Continue reading