Pages tagged "finding housing"

Section 8 - Housing Choice Voucher Program

On this page:

  1. Obtaining and Using a Section 8 Housing Choice Voucher
  2. Basic Process for a Landlord
  3. Terminations and Disputes
  4. Resources

Section 8 is a rent subsidy program for low-income households. It is administered by the United States Department of Housing and Urban Development (HUD). The purpose of the Section 8 program is to assist low-income, elderly, and disabled individuals and families to obtain safe and affordable housing. While the program is federally funded, it is managed at the state and local levels.

A Housing Choice Voucher, generally called a Section 8 voucher, is given to the tenant. In other words, the voucher attaches to the tenant. A Section 8 voucher assists low-income tenants in finding housing in the private rental market. When a person has a Section 8 voucher, they generally pay 30% of their income as rent. Funding from HUD covers the remaining amount to the private landlord.

In addition to the general Section 8 Housing Choice Vouchers, there are also targeted housing choice voucher programs for certain populations. For example:

  • Veterans Affairs Supportive Housing (VASH) vouchers are available for homeless veterans who are connected to and referred by their local VA.
  • Family Unification vouchers are available for eligible families whose children have been or will be removed from their custody by Child Protective Services primarily because of lack of adequate housing. The vouchers allow the parents working toward reuniting their family the opportunity to have more stable housing. These vouchers are also made available to youth aging out of foster care. To pursue this kind of voucher, you need to talk to your case manager (the case worker who helps with food stamps, etc.). 
  • Mainstream vouchers under the Mainstream Housing Opportunities for Persons with Disabilities program are vouchers exclusively for individuals or families with a disabled adult household member and the household member with disabilities must be 18-61 years old.

In addition, there is project-based Section 8. A project-based Section 8 subsidy (also called a Project-Based Voucher) attaches to the individual apartment. With project-based Section 8, a private owner or a Public Housing Authority (PHA) owns the building and individuals apply to get on the waitlist for an apartment in the building through the private owner or the PHA.

These programs share many of the same requirements as the general Section 8 Housing Choice voucher program. Generally, in each of these, a person with the voucher pays 30% of their income as rent and funding from HUD covers the remaining amount to the private landlord or the PHA. But each program also has additional requirements and their own process for applying and using the voucher.

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Obtaining and Using a Section 8 Housing Choice Voucher: Basic Steps for a Tenant

Section 8 is funded and administered by HUD but each PHA establishes preferences, priorities, and processes. In Dane County and the City of Madison, tenants must follow these general steps to apply for and use a Section 8 Housing Choice voucher.

  1. Find the Local PHA for your area. PHAs administer the Section 8 program for their community. In Madison, the PHA responsible for Section 8 is the City of Madison Community Development Authority (CDA). In Dane County outside of Madison, the PHA responsible for Section 8 is the Dane County Housing Authority (DCHA).
  2. Check eligibility. Before applying, check if you meet the eligibility requirements for the Section 8 program. Housing choice vouchers can be given to any income-eligible person who meets the screening criteria, even if they don’t have kids, aren’t disabled, and aren’t elderly. However, many waiting lists prioritize those on the waiting list who have children, who are disabled, and who are elderly. In general, the household’s income may not exceed 50% of the median income for the area in which they live. By law, a PHA must provide 75% of its vouchers to applicants whose incomes do not exceed 30% of the area median income. Recipients must also be U.S. citizens or have a certain immigration status. Eligible immigration status includes individuals:
    • lawfully admitted for permanent residence;
    • who entered the U.S. prior to June 30, 1948 and who have continuously resided in the U.S. and not eligible for citizenship and who are deemed lawfully admitted by the United States Attorney General (USAG) under 8 USC 1158;
    • admitted under 8 USC 1157;
    • granted asylum;
    • granted admission by the USAG for emergency or public interest reasons;
    • for whom the USAG has not deported under 8 USC 1231(b)3;
    • granted temporary or permanent residence under 8 USC 1255a;
    • who are lawful residents under the compact between the U.S. and Marhsall Islands, Micronesia, or Palau; or
    • who are VAWA self-petitioners.
  3. Gather the required documents. Prepare the necessary documents for your application. This may include identification, proof of income, and Social Security numbers for all household members. Each PHA may have specific requirements. You can check with the Dane County Housing Authority or Madison’s CDA for their list of required documents.
  4. Apply to get on the wait list. Because the need for affordable housing far exceeds the number of units available, the City of Madison, Dane County, and most Section 8 properties require applicants to first apply to get on a wait list. Each housing program has a separate wait list. The wait lists are not always open and some stay closed for months or years. The City of Madison and Dane County use a lottery to select applicants to add to the wait list for a Section 8 Housing Choice Voucher. If an applicant is not selected to be added to the wait list, you will need to wait for the wait list to open again to apply.
  5. Meet with a housing worker. If you are selected from the waitlist, you will go through an initial screening to make sure you still qualify. If you are denied, you can ask for a hearing. The rules for denials are in 24 CFR  982.552, and the rules for denials due to criminal activity are in 24 CFR § 982.553. In HUD’s Notice PIH 2015-19, HUD issued guidance about using criminal records in denying public housing, with information about best practices and how arrests can’t be used to deny someone entry into the Section 8 program. 
  6. Receive your housing voucher form.The Housing Choice Voucher Program form says who can use the voucher, the size of the unit you can rent, verifies the basic HUD rules, and includes the expiration date for the voucher. (Expiration date is the date by which you must find a place to live and submit the form.) This is the official document that provides you the voucher and the amount you will be obligated to pay.
  7. Find a place to live.The City of Madison’s Housing Authority has a list of housing vacancies from landlords. You can also use the Housing Resource List or WHEDA’s Section 42 housing list. The most common way to find housing is online. If you’re looking on Craigslist, here’s our tip sheet. More resources about finding housing are on our Find Housing page. You may want to write a letter to go with your application. Finally, note that in Dane County (DCO 31.03(12a)) and the City of Madison (MCO 39.03), landlords are not allowed to discriminate against tenants for their lawful source of income or receiving rental assistance, including using a Section 8 voucher. If you believe you have been discriminated against, you can check out the resources on our Discrimination page. HUD also provides information online about source of income discrimination.
  8. Submit the request for tenancy approval form. Within 60 days of receiving your voucher form, you must find a place to live and submit the “request for tenancy approval form.” If you are reaching the end of the 60-day period and have not found a place to live, you should submit a request to the housing authority that provided you the voucher for an extension. The request should be submitted in writing and keep a copy of the request.
  9. Your housing worker double checks the paperwork and money. Specifically, they review the lease to make sure that the lease doesn’t conflict with HUD regulations or state law, and verify that rent and tenant-paid utilities fit within rent cap on the voucher.
  10. The unit is inspected. A Section 8 inspector completes a form, looking for basic health, safety, and legal requirements. If the unit fails the inspection, the landlord will be given time to fix the issue. A document explaining the inspection process is HUD’s “A Good Place to Live!” 
  11. Sign everything.Sign the lease with the landlord. The landlord signs the contract they have with HUD (a HAP contract basically says that HUD will pay the landlord and the landlord will accept that payment). You sign any agreements from the housing authority.
  12. Pay the security deposit. It is the tenant’s responsibility to pay the entire security deposit. Generally, the housing authority does not help with a security deposit. If you need help, you can call your local 211, or if you are in Dane County, you can call usfor information about where to get help with a security deposit. 
  13. Pay rent. Generally, someone who has a voucher pays about 30% of their income as rent, directly to the landlord. The housing authority then pays the rest of the rent, also directly to the landlord. The 30% of your income is not exact. Income adjustments are allowed for disability status, dependents in the household, and medical expenses and the total tenant payment will factor in a utility allowance and the approved rent in the lease. The program prohibits tenants from paying more than 40% of their monthly income toward rent. There is a payment standard for each area which decides how much rent each housing authority will pay, depending on unit size. 
  14. Report any changes in income or members of the household. While you have your voucher, your household’s income may change because of a job loss, a promotion, or an adult moving out. Or, the members of your household may change for several reasons, including a breakup or divorce, a child being born or adopted, or a minor child becoming an adult. All of these changes must be reported to the PHA. Changes in family size are not grounds for termination from the Section 8 program. If a minor child becomes an adult, they are not required to move out immediately. But any income they earn as an adult must be reported to the PHA and may be factored into the rent amount. Your voucher may be terminated if you do not report these changes. Note: The voucher generally identifies a person in the household as the head of household. The voucher usually stays with that person if the adults no longer live together.
  15. Live in the unit. Generally, tenants are not allowed to move within a year of first signing a lease if they want to keep their voucher. Also, generally, tenants may not move during a lease term. However, there are exceptions for domestic abuse and stalking, reasonable accommodations for disabilities, and extreme repair issues. If you need to move before that first year or break a lease for one of these reasons, contact your housing case worker. Make sure to create a strong paper trail so you can later dispute any termination from the voucher program. If you want to move at the end of a lease period, contact your housing case worker to make sure there are no issues that need to be taken care of before moving. If there is a dispute about rent, utilities, repairs, or an eviction, your voucher may be at risk. If you need legal assistance with your voucher because you need to move and the request has been denied or your voucher has been terminated or is at risk of termination, you can contact Legal Actionor Judicare for legal assistance.

A voucher may be “ported” to a new city, county, or state if other requirements are met     and the PHA where you are moving has funds for the voucher. The first step is to call the PHA in the location where you want to move to ask about the availability of funds and screening criteria.

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Section 8 Housing Choice Voucher: Basic Process for a Landlord

Below are the general steps a landlord in Dane County must take when a prospective tenant has a Section 8 voucher. If you have questions about getting started or about any of these steps, contact your local housing authority (if you are in Madison, reach out to the CDA’s Marketing Outreach Coordinator) or review HUD’s HCV Landlord Resources (this page includes a sign up for HUD’s HCV landlord mailing list for regular emails with information, tips, and resources).

  1. A tenant with Section 8 voucher applies to live in your rental unit. 
  2. Application Screening. You screen the tenant using the same process used for other applicants and decide whether to rent them the unit. In Dane County (DCO 31.03(12a)) and the City of Madison (MCO 39.03), it is unlawful for a landlord to reject the tenant’s rental application because they have a Section 8 voucher. HUD also provides information online about source of income discrimination. If you want to verify the voucher, you can ask to see a copy of it (it should look like this, only filled out). If you want to verify how much the tenant is authorized to spend on a unit, you can call the housing authority that issued the voucher. 
  3. Sign a HUD Form. Once a tenant is approved, you will need to sign a request for tenancy approval form saying that you plan to rent to them. Generally, the tenant needs to submit that form within 60 days of receiving their voucher form. They can get an extension. But if the tenants go over the time in which they are allowed to submit the form, the tenant won't get the rent assistance.
  4. Lease Screening. The PHA issuing the Section 8 voucher will screen your lease to ensure it complies with HUD rules. The PHA also confirms that the rent and utilities are within the rent caps that the tenant is allowed to spend.
  5. Unit Inspection. A Section 8 inspector inspects the unit and completes a form, looking for basic health, safety, and legal requirements. If the unit fails the inspection, the landlord will be given time to fix the issue. HUD’s “A Good Place to Live!” explains the inspection process.
  6. Sign the Lease. You sign your regular lease with the tenant. The same rental rights and responsibilities apply to you and a tenant using a Section 8 as any other tenant.
  7. Tenant Moves In. When the tenant moves in, you sign the contract with the housing authority (a HAP contract). The HAP contract essentially states that HUD will pay the landlord and the landlord will accept that payment. The tenant signs a contract with the PHA. 
  8. Every month, the PHA pays landlords the amount they have agreed to pay, and the tenant pays their portion to the landlord.

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Section 8 Voucher Terminations and Disputes

Outlined below are reasons why a tenant may receive a notice terminating a Section 8 Voucher. If you receive a notice of termination and believe you should not have, it is important to dispute it and request a hearing as soon as possible. You can use this sample letter for guidance. The letter from the housing authority should provide the number of days you have to file a dispute and it is usually a short amount of time (10-14 days). If you want legal assistance with this process, you can contact Legal Action or Judicare.

The Process

Generally, a termination and the dispute of a termination follow these steps:

  1. There’s a problem of some kind that the PHA becomes aware of.
  2. The housing authority sends a letter to the tenant voucher holder. The letter should include the reason(s) why the voucher is being terminated; state that the tenant can request an informal hearing if they do not agree with the decision; and the deadline for requesting the informal hearing.
  3. The voucher holder writes a letter by the deadline to dispute the termination and request a hearing. Tenants can reach out to Legal Actionor Judicare if they want legal assistance with disputing the termination.
  4. Voucher holders (or their attorney) can request their file and other documents related to the termination from the housing authority.
  5. An informal hearing is held before a hearing officer with the housing authority.
  6. The hearing officer must make a written decision that includes the reason for the decision and the evidence supporting the decision.
  7. If the tenant disagrees with the hearing officer’s decision, they can appeal that decision with the local Circuit Court within the applicable deadline.
  8. The Circuit Court will review the record of the hearing and the briefs filed by the parties. To keep a Section 8 voucher effective pending the Circuit Court review of the hearing decision, a tenant will need to file for and be awarded a temporary injunction by the court. Tenants may also file an action for a due process violation under 42 USC 1983 if the decision or process do not comply with federal regulatory protections.

Reasons for a Termination

A housing authority is required to terminate a Section 8 voucher under certain circumstances. 42 USC 982.551, 42 USC 982.552, 42 USC 982.553. Those reasons include:

  • A household is evicted for a serious violation of the lease
  • A household does not submit consent forms required by the housing authority
  • A household does not submit evidence of citizenship or eligible immigration status
  • A household member is enrolled in a college or university and does not meet the strict eligibility requirements
  • A household member has ever been convicted for the manufacture or production of meth on the premises of federally assisted housing

A housing authority has discretion on developing policies on when to terminate a Section 8 voucher for certain circumstances. 42 USC 982.551, 42 USC 982.552, 42 USC 982.553. Those good cause reasons include:

  • Violating family obligations, such as not providing income recertification information, not allowing the housing authority inspect the home, not notifying the housing authority before they move or receive a lease termination notice, not notifying the housing authority of the birth or adoption of a child (pre-approval is not required for a minor to join the household but the household must notify the housing authority), not requesting approval before an adult moves into the home, not notifying the housing authority when a household member moves out
  • Committing a serious or repeated lease violation, such as repeatedly not paying rent or fees on time
  • A household member was evicted from other federally assisted housing in the last 5 years
  • Engaging in alcohol abuse, violent criminal activity, drug-related criminal activity, or other criminal activity that threatens residents in the immediate vicinity – but under the Violence Against Women Act (VAWA), a housing authority cannot terminate a Section 8 voucher of a victim of the domestic violence, sexual assault, or stalking. 34 USC 12491; 24 CFR 5.2005
  • Committing fraud or bribery in connection with a federal housing program
  • Owing rent to a housing authority in connection to a Section 8 voucher or public housing
  • Behaving abusively or violently toward housing authority staff, or threatening to do so

Mitigating Circumstances

The housing authority may terminate a tenant’s Section 8 voucher for the above reasons. However, the housing authority may consider reasons why it should not be terminated. These are mitigating circumstances that include:

  • All relevant circumstances should be considered, such as the seriousness of the case, the extent of participation or culpability of individual family members, mitigating circumstances related to the disability of a family member, and the effects of denial or termination of assistance on other family members who were not involved in the action or failure.
  • They can consider whether one person in the household is engaging in activity that is jeopardizing the housing of the other household members and they should be removed from the voucher, allowing the other household members to maintain the voucher.
  • If the issue is illegal drug use or alcohol abuse, they can consider whether the tenant is still using illegal drugs or abusing alcohol. The housing authority is not required to terminate if the person can show they completed or are in a rehabilitation program.
  • A voucher cannot be terminated for discriminatory reasons.
  • If a member of the household has a disability, the housing authority must make reasonable accommodations for that person.
  • The housing authority must follow the protections under VAWA for victims of domestic violence, sexual assault, and stalking.

The Rules

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Resources

The HUD regulations for Section 8

The National Housing Law Project – leading authority on statutes and case law on housing choice vouchers

City of Madison Community Development Authority (CDA) – City of Madison Public Housing Authority

Dane County Housing Authority – Dane County Public Housing Authority

HUD Housing Choice Voucher Guidebook

HUD’s VASH Program

HUD’s Family Unification Voucher Program

HUD’s Housing Choice Voucher Program

HUD’s Income Guidelines

Section 8: Info for Tenants

Hello, fair readers. 

As promised, I'm back with information for tenants about Section 8 vouchers (or housing choice vouchers, to use the proper terminology). I'm thrilled to be writing about this, because we get so so so many questions about how to get these vouchers, how to use these vouchers, how to find housing with these vouchers and how to deal with problems while holding a voucher. 

As a recap, Section 8 vouchers allow a low-income person or family to pay approximately 30% of their income as rent to a landlord, and a housing authority pays the rest with funding from HUD. It's amazing when it works, devastating when it doesn't, and all the in-betweens tend to be pretty confusing. 

I was lucky enough to get some guidance from the City of Madison's Marketing Outreach Coordinator, and an attorney at Legal Action, and I'd love to share the fruits of my labors. This week's post is for tenants (last week's post was for landlords!). Next week, I'll address Section 8 terminations.

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Searching for Housing

So many of our waiting emails and calls have a sentence something like this: "my landlord wants to renew/not renew my lease, and it's causing me problems." Sometimes tenants signed the lease renewal before they really thought about it, and they really want to move; some tenants don't want to sign because their landlord is not awesome, but also aren't sure where they are headed. Some folks won't have a place to live after next month. But the common denominator is: how do I look for housing?

Here's what we can't do:

  • tell you whether it's a good idea to sign your lease or not
  • tell your landlord to tear up your lease renewal (that renewal that you signed without thinking and then realized that you want to buy a house/live in a place where the repairs get done/can't stand your roommates/etc)
  • tell you if you'll be able to find a new place to live or not
  • find housing for you - you'll have to sift through these resources and find what works for you

Here's what we can do:

  • show you resources that are helpful in finding housing.
Read more

Landlord References

An older couple came into our office today. They'd left a home they owned in Chicago, because the neighborhood was getting rough.  They wanted to be near their grandchildren, in Madison. So, they moved to Wisconsin, and rented an apartment in Madison.  But they're older, and their 2nd floor unit made it hard to get in and out.  The trouble begins when they try to find another place to live. 

Read on for tips for both tenants and landlords!

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Apartment Searches in the Spring

Throughout my life, I've lived in a number of different places, but Wisconsin is the one where spring has the most joyful arrival.  This year, after a brutal winter, spring has erupted! I see my neighbors outside, with smiles, faces turned up towards the sunshine.  Kids shout gleefully in the neighborhoods through which I drive. Trees drop their buds and sprout eye-searingly-green leaves.  It's a delight.  

Spring is one of the most common times to look for apartments, though, and it can be tough to remember the steps to take to make sure that you'll be comfortable in the winter to come.  Some tips for apartment searching in the spring:

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Credit Reports

What Does a Credit Bureau Do?

There are three national credit bureaus: Equifax, Experian, and TransUnion. These bureaus gather information about a consumer's credit history from banks, loan companies, and other creditors and compile it into a credit report. The credit report is made available to other potential creditors, such as financial institutions and lenders, as well as insurance companies and landlords. Credit reporting agencies do not decide whether someone is eligible for credit, but credit reports have a huge impact on a consumer's ability to receive credit.

Credit Bureau Address Phone Number
Equifax PO Box 740241
Atlanta, GA 30374		 1-888-378-4329
Experian PO Box 4500
Allen, TX 75013		 1-888-397-3742
TransUnion PO Box 2000
Chester, PA 19016		 1-833-395-6938

Who Can Obtain My Credit Report?

Credit bureaus do not need your approval before they release your report, and they do not have to notify you after they release it. However, federal law limits the situations in which credit reporting agencies can release your credit report. They may do so only:

  • In response to a court order
  • By your written request
  • In connection with a credit transaction for which you are being considered (with or without your knowledge) or are otherwise involved, such as a loan application
  • For employment or investment purposes
  • For the purposes of underwriting your insurance
  • If you apply for government benefits
  • For any other legitimate business purpose, such as renting.

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Can I Also Obtain My Credit Report?

Not only can you obtain your own credit report (the ways to do so discussed below), but there are some good reasons to consider doing so!

Protect Yourself

Sometimes credit reports have mistakes in them that can hurt your ability to get credit. Periodically checking a copy of your report for accuracy provides you with the opportunity to correct errors. Also, in the event that you have your identity stolen, checking your report and knowing how to freeze your credit or issue a fraud alert can reduce some of the long-term financial damage caused by the identity theft.

Save money when you're applying for apartments! Landlords are allowed to charge you up to $25 for the actual cost of a credit check unless you provide a copy of your own that is no older than 30 days. Wis. Stat. 704.085(1)(a) & (b), ATCP 134.05(4) 

NOTE: Wisconsin landlords are also allowed to charge out-of-state applicants up to $25 for the actual cost of a background check. Wis. Stat. 704.085(2)

How Can I Get My Credit Report?

If you have been denied credit, which includes being denied for an apartment, you are entitled to a free copy of your credit report. Simply request a copy from the credit-reporting agency that supplied the report to the creditor/landlord.
To get your free credit report, go to this website:  Annual Credit Report Request Service.  Click on ‘Request your free credit reports’ and decide if you want one or all three.  Answer some quick information about your address and past address.  The reports will all be available online nearly immediately, and you can print or save as a pdf after you answer some additional financial information.

Note: The reports will not include your credit score. The reports give you all the relevant information about late payments, who has requested your score, negative findings, etc. To get the score, they will ask for an additional fee.  Remember, if you are denied by a landlord due to your credit score, you are entitled to see a copy of that report.

What Can I Do if I Believe the Information in My Credit Report is Inaccurate?

Write to the credit bureau immediately and describe the error in as much detail as possible. The agency must investigate your request and correct the error if one is found. If a correction is necessary, the agency must inform every business that has recently received your report that a correction has been made.

If the agency does not find an error,  you have the right to file a brief statement describing the nature of your disagreement with their findings. This statement, or an accurate summary thereof, must be included in any future credit report about you. Since the reports from the three major credit bureaus may contain different information, it is a good idea to obtain a report from each of them. 

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General Tips to Preserve/Improve Credit Score

It is always important to remember that credit is a financial tool used to make creditors money. The longer it takes you to repay a debt, the more money the creditor makes.  If you’re late on or miss a payment, you get charged a late fee.  Sometimes, the late or missed payment triggers a contractual increase in the interest rate, meaning more money transferred to the creditor.

Most folks do not have access to financial advisors to help manage risk. So, to protect yourself from creditors, do not accept or use credit cards with terms too onerous for you to fulfill. (As always, read any contract before signing it!) Before using credit to service a transaction, run a budget to make sure you will be able to pay off the debt in a timely manner. Lastly, build into the price of any purchase the estimated amount that will go to the creditor.  Is the purchase still attractive? Sometimes it is necessary to use credit to purchase necessities. But, if doing so means assuming larger and larger debts, you can end up trapped in a web of creditors.

Other Resources

The Federal Trade Commission is a government agency that enforces federal fair credit reporting laws. To file a complaint or to get free information on consumer issues, call toll-free, 1-877-FTC-HELP (1-877-382-4357).

The Consumer Financial Protection Bureau, a U.S. government agency that makes sure banks, lenders, and other financial companies treat consumers fairly.

According to the Fair Credit Reporting Act, as of September 20, 2010 all Wisconsin residents may request one free credit report per year from each credit bureau. You MUST order your annual report through a central clearinghouse:

Annual Credit Report Request Service - FREE Annual Credit Reports here! 

PO Box 105281

Atlanta, GA 30348-5281

Note: You can pay for additional copies of your credit report by contacting any of the three major credit bureaus. By law, they may charge up to $13.50 for each credit report (accurate for 2022, but these rates can change year-to-year about each year). These are the same bureaus that supply the free annual credit reports, but they ONLY offer those through the central clearing house listed above.

Credit Bureau Address Phone Number
Equifax PO Box 740241
Atlanta, GA 30374		 1-888-378-4329
Experian PO Box 4500
Allen, TX 75013		 1-888-397-3742
TransUnion PO Box 2000
Chester, PA 19016		 1-833-395-6938

Used with permission of Consumer Law Clinic

UW-Madison Law School - Intakes: (608) 263-6283

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Madison Moving Week Tips

Moving this August? We bet you are! Follow these tips and know your rights to avoid hassle, charges, and future problems:

Moving Out

Keep It Clean! Tenants have to return the apartment to the condition it was in when they moved in, minus "normal wear and tear." You can read more about that term here. (Spoiler alert: There's a lot of grey area!)

Fun Fact: It takes the Average Tenant between 3-300 times longer than they think it will to totally pack up and clean one apartment. If you have roommates, pets, or more than a few changes of clothes, you can double those figures. Seriously though, we're only kind of joking here. Plan ahead and expect to take extra time and trips, and get extra boxes and tape.

Donate Your Stuff! Madison tenants put tons of trash in the landfill on Moving Day. How much of that was usable stuff? We're guessing a lot. Click here for a list of donation sites.

Extra Trash Pickup: The City will have trucks out every day this week to empty your trash and recycling bins in the downtown area. There will be recycling and large item pick up on Sunday, August 14 as well. For more information, click here.

Get Your Deposit Back

First Step: Complete a Check-Out Form! Landlords do not have to give you these, and contrary to popular belief they do not have to do a walk-through before you leave. Click here to download our Check-Out Form. Make sure you at least do one yourself to get credit for all that cleaning and packing! Take detailed pictures and/or videos too. Put something in for scale and get things from multiple angles and distances.

NEW for Tenants: As of November 2015, when landlords return a security deposit, they do not have to make the check out to every person on the lease. However, they do have to follow anything the tenants instruct them to do in writing. If all of your names are on the check, then all of you have to sign that check. That might be inconvenient, but it guarantees you will all know how much you got back, and can settle what you're owed. Whatever you decide, be sure to include a mailing address on the check-out sheet or in your instructions to the landlord.

So... When Do I Get My Money? Landlords have to return something within 21 days of your lease ending, according to Wis. Stat. 704.28 and ATCP 134.06. If they charge you for anything, they have to include an itemized list of deductions. If they don't return this, or you want to dispute some charges, check out our About Security Deposits page for more info on what they can deduct for, and sample letters for disputing it. If you ended up taking them to small claims court, you would be entitled to double the amount a judge felt was wrongfully withheld, plus court costs and reasonable attorneys fees (that's if you chose to hire a lawyer, though many people don't).

Moving In

First Things First: Do Your Check-In Form! Save your future self lots of money and stress: 

As soon as you enter the new apartment, do your check-in. Before you start loading in your furniture and unpacking your boxes and bonding with your roommates, document any damages, appliances that don't work, thing that are dirty or were left behind, etc. Take detailed pictures and/or videos again, putting something in for scale and getting things from multiple angles and distances. Remember: You cannot get charged later for the condition of the apartment when you moved in!

Make a copy of the check-in form and put it in a folder or a large manila envelope. This is your new Rental File! It's where you will keep your lease, your check-in form, and any letters/notices/bills/receipts/etc. you exchange with the landlord. It's also a good idea to have emergency contact information for all the roommates, if you have them. Keep this in a kitchen drawer, or somewhere else in the common area.

Speaking of roommates... Did we mention you should fill out a Roommate Agreement? Put that in your Rental File too! 

Dealing With a Dirty Apartment. It happens all the time: You spend 322 hours cleaning your old apartment, only to move into a disgusting pig sty. You call the landlord and they say they'll send a cleaning crew... next week. Or the cleaning crew never shows up. Or the cleaning crew is messier than the old tenants were. Or the landlord simply tells you to deal with it. What do you do? It depends on whether this is an aesthetic issue, or a health issue. Unless they make really explicit promises in writing, landlords do not have to give you a "nice" or "pretty" apartment. However, they may be willing to reimburse you for cleaning costs -- definitely ask about this, and get any agreements in writing! They do have to make sure the apartment is safe. For more information, see our Repairs page.

Problems Down The Line

If you find yourself wondering, "Can my landlord really do X, Y, or Z..." Tenant Resource Center can help! Our Know Your Rights and Resources pages have a ton of information and helpful forms, letters, etc. Or you can contact us any number of ways to get free help with any problem.

Renting With a Criminal Conviction or Arrest Record

PLEASE NOTE: A Memo from the Dept. of Housing and Urban Development (4/4/16) says denying applicants due to criminal history may be discrimination (more information here). Landlords should exercise caution pending enforcement of new rules (here is some information for landlords about this memo). Tenants who are denied may be able to file discrimination complaints in the future (here is some information for tenants about this memo).

Housing Options

Short-Term Housing After Incarceration

  • Halfway Houses. If you are looking for housing immediately upon your release from prison or jail, you may qualify for a halfway house or other short-term housing programs, such as ARC Community Services (for women). These programs require a referral from a probation or parole officer, or a social worker.
  • Subletting. Another option for quick, short-term housing is to sublet. You are on a lease and have all the protections of a tenant, you're just replacing one tenant who moved out early. Sometimes the tenant(s) can sublet directly to you without the landlord's permission, if they have a term lease that doesn't prohibit subletting. Even when the landlord has to give approval, they are sometimes more flexible with subletters. Look for listings on Craigslist.
  • Motels/Hotels/Hostels. This may be an option for short-term housing. If you stay in a motel and have no other permanent residence, you are a tenant under the law. Wis. Stat. 704.01(1), ATCP 134.01(4) & 134.02(12). Some probation/parole officers don't allow this practice, but if you're staying in one it is very important to keep good documentation of having paid for your room. This proves you are a tenant in case the landlord does not respect your rights.
  • Staying with Friends or Family/Tenant-at-Will. Many people live with friends or family after a criminal conviction. If you pay money for household costs, even if you don’t have a signed lease you are legally a “tenant at will.” If you pay on a regular schedule (i.e. weekly or monthly), you are a "periodic tenant." Wis. Stat. 704.01(5). Your rights will depend on whether the person you pay is the owner or a tenant. If the person you pay is a tenant, make sure you are not violating a guest policy or other provision in their lease or the landlord could make you move out. If the person you pay owns the unit, or if they are a tenant who wants you to move, they must serve you a written, 28-day “non-renewal” notice as though you were a month-to-month tenant. Wis. Stat. 704.19. If you don’t move out they must take you to court in order to evict you. For more information, see Eviction.

Long-Term Housing After Incarceration

  • Renting from Large Management Companies. Larger management companies often have policies against renting to people with a criminal conviction or arrest record. There may be exceptions if you have a co-signer, if you have been off paper (completed a parole or probation obligation) for a certain amount of time, or if you were not convicted of a violent or drug-related crime. You can usually find their applications on their websites, and see what kinds of questions they ask. Enclose a letter with your application (see below for more information).
  • Renting from Smaller, Private Landlords. People with criminal backgrounds often have more luck renting from small landlords, who might only own a few properties and thus have a more personal relationship to their tenants. This makes it easier to put a face to your story, and ask them to look past your record and see you as a person. You can often find their listings on Craigslist, which is free for everyone to use, or on "For Rent" signs in a neighborhood you want to live in. Enclose a letter with your application (see below for more information).
  • Finding "Flexible" Landlords. Your local re-entry programs (such as Circles of Support) might have tips on local landlords who rent to people with criminal convictions. These groups can provide very helpful advice in other areas as well. Enclose a letter with your application (see below for more information).
  • Public & Affordable Housing. Many affordable housing programs (such as Section 8, public housing or Section 42 housing projects) will deny applications based on criminal background. Applicants can request an appeal. For more information, contact your local housing authority or WHEDA (Section 42). 

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Applying for An Apartment with a Private Landlord

What The Landlord Will Search For

When reviewing an application, most landlords will run a criminal background check using a free website called CCAP (Consolidated Court Automation Program) where they can see all criminal charges filed in Wisconsin against the prospective tenant, including sentences and other details. CCAP records also show evictions, charges, small claims court cases, traffic violations, and more. The landlords will use the basic information they are allowed to ask for on an application to search for you on CCAP: your full name and date of birth. 

To avoid confusion with people who share your first and last name, include your middle initial on the application. This may help to prevent associating your name with the criminal actions of other individuals with familiar names.

If you have a parole or probation officer, or you’re following other court orders (for example, drug court), tell the landlord when you apply. Some landlords are more willing to rent to people who are still under supervision.

Especially with the new guidance that prohibits blanket denials for convictions, landlords must take specific factors into account, so don't be afraid to make a case for yourself! 

Other Forms of Discrimination

If a landlord is checking criminal backgrounds and/or denying tenants because of criminal convictions, they should do it for everyone, or be able to give a non-discriminatory reason for checking some people and not others. Just because landlords in Wisconsin can choose between people based on criminal backgrounds does not mean they can discriminate on the basis of race, color, religion, gender, national origin, mental or physical disability, familial status (including pregnancy), age, sexual orientation, marital status, ancestry, lawful source of income, and being a victim of domestic violence. Dane County and Madison have even more protections.

If a landlord were to do a criminal background check only for people of one race, for instance, then checking criminal histories could end up being discriminatory. See Discrimination. 

Landlords Can Now Charge Out-of-State Applicants for Background Checks

If a prospective tenant is currently living out of state, a landlord can charge up to $25 for a background check in addition to a credit check fee. The tenant must be notified of the charge before it happens and the landlord must provide a copy of the report. However, tenants can continue to be charged by other prospective landlords even if the tenant has a recent report. Wis. Stat. 704.085(2), 2017 Wis. Act 317, Sec. 41. Eff. on or after 4/18/18. 2017 Wis. Act 317, Sec. 56.

Disclosing Your Own Background Information

It is much better to disclose your record than to let the landlord discover it in CCAP without any explanation from you. When you take responsibility for and are honest about disclosing your background, you can make a good impression and put a human face to your story.

You might want to write a short letter (one page or less) and make copies to attach to all of your applications. Or, if you’re meeting a landlord in person, plan out what you’re going to say ahead of time. 

Tips for writing a letter

Be polite, professional, and brief. You might mention one or two positive, personal details about yourself, such as community service, hobbies, or things you will enjoy doing around the neighborhood. 

Examples of Things To Say In A Letter

  • “I’m writing to let you know that when you do a criminal background check, you will find the following charges: [list charges and dates.] I want to be honest with you about my past, which is very different from my present [add details] and my plans for the future [add details]. I think I will make a good tenant and I hope you will consider my application.” 
  • You might also list: The time you have served, programs you participated in (counseling, drug court, anger management, treatment, etc.), and any positive examples like early release for good behavior or mitigating circumstances. 
  • “If you have any questions or concerns please contact the following personal or professional references (including your probation or parole officer, if applicable): [List names, phone numbers, and addresses of personal or professional references.]” 
  • Thank them for their time, then sign and print your name.  

Some sample letters are available here.

Tips For Using CCAP

  • Look up your own record in CCAP before writing or talking to a landlord. That way you know what they’re going to see and can plan your response.
  • Some landlords are not very careful when they search CCAP. If someone else with your name (or a similar name) has charges the landlord might mistake for yours, let them know. Point out that the other “Jane/John Doe” has a different birth date or middle initial, or if the charges were filed while you were incarcerated, or they live in a different county.
  • Some landlords don’t look to see the results of a case. If charges against you have been dismissed, let the landlord know this and tell them they can confirm it in CCAP by checking the full record and case details. You can also print this out and enclose it with your letter and application. More information on how to find those details is here.

How To Check CCAP

  1. Visit the website: www.wcca.wicourts.gov
  2. Read the agreement and click “I Agree” to enter the website.
  3. Enter your last name, first name, middle initial, and birth date, and click “Search.” Try it again without your initial and birth date to see who else shows up.
  4. To see the details for a particular case, click on the case number. You may be required to click “View Case Details” on another screen summarizing the results of the case.
  5. The case details will include the type of case, charges, and the names and addresses of the parties involved (where applicable). At the top of this screen, click the button for “Court Record Events” for more information.
  6. For help understanding the court records, visit the main CCAP page and click the links at the bottom under “Court Terms.” 

Removing Civil Cases in CCAP

Unless a civil case is closed, confidential or sealed, a civil case may be removed from CCAP as follows:

  1. If a writ (court order) has been issued in an eviction, the case can now be removed after 10 years have passed, or Stat. 758.20(2)(a), 2017 Wis. Act 317, Sec. 46.
  2. If an eviction has been dismissed and there is no money judgment docketed, the case can be removed after 2 years. Stat. 758.20(2)(b), 2017 Wis. Act 317, Sec. 46. Eff. on or after 4/18/18. 2017 Wis. Act 317, Sec. 56.

These law changes do not apply to criminal cases, but it may help you with any old civil records that might also work against you.

How are Landlords allowed to use your criminal background in choosing whether to rent?

HUD released a memo in 2016, and the basic premise of that memo is this: In the US, African Americans and Hispanics are arrested, convicted and incarcerated at a rate disproportionate to the general population. ("Across all age groups, the imprisonment rates for African American males is almost six times greater than for White males, and for Hispanic males, it is over twice that for non-Hispanic White males.") Therefore, any policy that screens housing applicants based on their criminal history is likely to have a "disproportionate impact on minority homeseekers," even if the landlord had no intent to discriminate. (Disproportionate/disparate impact is a big deal in Fair Housing Law - it's the basis by which things can be legally classified as discriminatory.)

HUD sets out some pretty clear rules regarding what a policy must look like, if a landlord wishes to screen for criminal history. 

The criminal screening policy can't: 

  • Deny all tenants with all kinds of criminal convictions.
  • Deny tenants who have only been arrested, not convicted.
  • Make any decisions to deny based on criminal history or make exceptions to criminal history denials based on race, or other protected classes. (That's illegal). For example, looking at the criminal history of only Hispanic applicants would be illegal. Or, allowing exceptions to a criminal history policy, but only to White applicants, would be illegal. 

The criminal screening policy should:

  • Take into account how long ago the conviction was.
  • Distinguish between how severe past crimes were, and what kinds of crimes they were.
  • Have some kind of evidence-based justification for existing. Why does the landlord need the policy? What evidence contributed to establishing that need?

The criminal screening policy is allowed to:

  • Look at individual circumstances for each applicant, if the landlord wants to give someone an exception to the policy (which would otherwise deny them). Note: exceptions can't be based on an applicant's membership in a protected class. 
  • Deny potential tenants if they were convicted of the manufacture or distribution of drugs.
  • Check other qualifications (i.e., credit scores, housing history) before addressing the criminal side of things.

How a Tenant Would Challenge a Discriminatory Screening Policy?

The big question is, how would this work? The HUD guidance seems to suggest these steps:

  1. Apply. A tenant applies for housing. 
  2. Get rejected. The landlord denies the tenant. 
  3. Ask for the reason for rejection. (HUD didn't say this one - we put this step in.) It's a really good idea to put this in writing - either ask for a written rejection, or if you get a verbal one, write it down and send it (suggestions here for how to make that work). (NOTE: Both the City of Madison and Dane County have ordinances currently in their written code that say that a landlord needs to give reasons for denials of rental applications. However, 2013 Wis. Act 76 seems to have made that requirement illegal, so it's best not to take those ordinances at face value). 
  4. If the landlord says it's because of criminal history, ask for their criminal history screening policy. (HUD didn't say this one - we put this step in.) Do this in writing. 
  5. Challenge the policy as being discriminatory. Explain, in writing, that this policy doesn't conform to HUD's guidance on use of criminal records. Cite the exact line that says so, if you can. (Look at our landlord's guide to these rules for some specific quotes.)
  6. Landlord responds to discrimination concerns, and explains why their policy is necessary. HUD says, "a housing provider must... be able to prove through reliable evidence that its policy or practice of making housing decisions based on criminal history actually assists in protecting resident safety and/or property."
  7. Option A. If the landlord doesn't explain why the policy is necessary, (either they don't say anything, or their explanation doesn't meet the standard in #6), then to take further action, a Fair Housing complaint would need to be made. Look at our Discrimination page for information, or seek help from the Fair Housing Council.
    Option B. If the landlord does successfully explain why the policy is necessary, the policy can still be challenged by showing that the landlords could have had the same results with another policy that is less discriminatory. HUD says, "In the third step, the burden shifts back to the plaintiff or HUD to prove that such interest could be served by another practice that has a less discriminatory effect."

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References and Rental History

Even if your most recent rental history was many years ago, provide as much information as you can. If you don’t have contact information for previous landlords, use a roommate, an old neighbor, or another community member who can provide a reference.

Personal references are not usually required but many people with criminal backgrounds will provide them as extra information. This might be someone you know through a faith-based organization, a friend or teacher, or someone you met through Circles of Support or another re-entry program. They should not be a spouse or family member. You can either provide their contact information or include a letter of reference.

Remember: You still have rights.

When a landlord accepts you as a tenant, you have the same rights as any other tenant in Wisconsin. For more information, see Tenant Resource Center’s website on topics like repairs, landlord entry, security deposits, and eviction. Here are some laws that specifically apply to people with a criminal background:

  • Sex Offenders: If the Department of Corrections approves it, you can live anywhere. No rules say whether landlords can or cannot rent to you, although some will not. If you are a registered sex offender, your landlord is NOT required to give this information to the other tenants or to prospective tenants unless they ask in writing about you specifically, and the landlord knows you are in the registry, otherwise, the landlord is only required to tell them they can look it up in the sex offender registry. Wis. Stat. 704.50
  • Eviction: Your landlord CANNOT evict you just because another tenant feels threatened by you. They can only evict you under the Safe Housing Act if that tenant (or their children) is named in an injunction, criminal complaint, or condition of release against you. Wis. Stat. 704.16

Calling Police: Lease Provisions May Void Your Lease Agreement

In some neighborhoods, landlords are under pressure from the police and neighbors to cut down on police calls. Landlords may be threatened with violations of a chronic nuisance ordinance (MGO 25.09) if there are too many police calls. This has caused many landlords to put potentially illegal clauses in their leases. MGO 25.09, Wis. Stat. 704.44, ATCP violation effective 11/1/15, ATCP 134.08, CR 14-038, Section 11.

Wisconsin law says that a rental agreement is "void and unenforceable" if it 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. Stat. 704.44(1m), CR 14-038, Section 11. ATCP 134.08. ATCP violation effective 11/1/15. If this happens, the tenant can break their entire lease if they choose and they will no longer be responsible for that rental contract. A landlord, however, may not break a lease for this reason because they drafted the lease.  If the lease is not broken, that clause may not be enforced.

There have been several changes to the law about what language in a lease would make it illegal. The entire lease could be void and unenforceable if these clauses were in the lease. The clauses in the lease that could make the lease void are noted below.  A clause that:

Tenants should not be afraid of being evicted for calling the police or emergency services for their own protection, or because there is criminal activity in the building or on the property which they (or their guests) did not cause!

However, while there are laws in place to protect you, if you are on probation or parole you may want to think carefully about the ramifications of calling the police and having them enter your apartment. If you are having ongoing issues at your residence you may want to talk to your probation or parole officer in advance about how to handle situations that might arise. Also, please read the next section for important news about evictions for suspected criminal activity by the tenant or their guests.

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Evictions for Suspected "Drug-Related" and Other Criminal Activity

As of 3/2/16, landlords can serve a 5-day eviction notice that does not give the tenant a chance to fix or "cure" the problem if they suspect that the tenant, a member of their household, or any guests or invitees, have engaged in:

  • Criminal activity that threatens the health or safety of other tenants, people residing in the “immediate vicinity” of the premises, or the landlord or their agent or employee;
  • Criminal activity that threatens the right to peaceful enjoyment of other tenants or people residing in the “immediate vicinity” of the premises; or
  • “Drug-related criminal activity” on or near the premises. Wis. Stat. 704.17(3m)(b), 2015 Wis. Act 176, Section 25

“Drug-related criminal activity” is the manufacturing or distribution of a controlled substance that is not prescribed by a doctor for medical use by a disabled person. The disabled person can manufacture, use or possess this controlled substance and it can be in the possession of their personal care giver or worker. Wis. Stat. 704.17(3m)(a)1. & 2., 2015 Wis. Act 176, Section 25

The 5-day no cure notice must:

  • Require the tenant to vacate on or before a date at least 5 days after the giving of the notice,
  • State the reason for eviction,
  • Include:
    • A description of the criminal activity of "drug-related criminal activity"
    • The date it took place
    • The identity or description of the individual(s) who engaged in the activity,
    • Advise tenant she/he may seek assistance of legal counsel, a volunteer legal clinic, or "a tenant resource center", and
    • State that the tenant has the right to contest the allegations in the notice before a court commissioner or judge if an eviction is filed. Wis. Stat. 704.17(3m)(b)1., 2015 Wis. Act 176, Section 25

The person engaging in the alleged criminal activity or "drug-related criminal activity" does not have to have been arrested or convicted for this activity in order for the landlord to issue a 5-day no-cure notice for a crime. Wis. Stat. 704.17(3m)(b)2., 2015 Wis. Act 176, Section 25

This process cannot be used against the person who was the victim of the crime. Wis. Stat. 704.17(3m)(c), 2015 Wis. Act 176, Section 25

If the tenant contests the eviction, the tenancy may not be terminated without proof by the landlord by the greater preponderance of the credible evidence of the allegations. Wis. Stat. 704.17(3m)(b)1., 2015 Wis. Act 176, Section 25

For important information about these notices, please see our page on Eviction!

Notes

  • If leases contain processes that conflict with this law, the lease provisions are invalid unless it is a lease longer than a year. Wis. Stat. 704.17(5)(a) & (b), 2015 Wis. Act 176, Section 26 & 27
  • The laws about criminal activity and “drug-related criminal activity” in Wis. Stat. 704.17(3m) and 704.19(2)(b)2. went into effect on March 2, 2016. 2015 Wis Act 176, Section 44, subsection 1
  • The laws about leases and language related to criminal activity in Wis. Stat. 704.17(5)(b) go into effect for all leases entered into or renewed as of March 2, 2016. 2015 Wis Act 176, Section 44, subsection 2
  • Wis. Stat. 704.44 Language that makes a lease void and unenforceable was not changed.  Leases that contain the following provisions would be void and unenforceable. A provision that:
    •  Allows the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who lawfully resides with the tenant, is the victim, as defined in s. 950.02 (4), of that crime.
    •  Allows the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under s. 704.14.

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Contesting a 5-day No Cure Eviction for Criminal Activity based on the 2016 HUD Memo

Giving a 5-day notice with no right to cure because of "criminal activity" seems to contradict some components of the 2016 HUD guidance, which says that any policy using criminal records can't be based solely on arrests, and must take into account the kind of crime, severity of the crime, and time since it happened. The memo says, "this guidance addresses how the discriminatory effects and disparate treatment methods of proof apply in Fair Housing Act cases in which a housing provider justifies an adverse housing action – such as a refusal to rent or renew a lease – based on an individual’s criminal history." This is still relatively untested, as far as discrimination cases go, but it looks like if a landlord wanted to evict someone based on "criminal activity," that landlord would need to follow some of the same rules put forth in the HUD document before they could "exclude" that tenant from housing.

A tenant challenging an eviction notice based on these HUD laws would probably do well to follow similar steps to those above:

  1. Receive a 5-day notice with no right to cure for criminal activity. Before jumping in to argue the discriminatory impact of that notice, it seems like a good idea to check if it's a legal notice. You can check the law, but here are the basics. As stated above, according to Wis. Stat. 704.17(3m)(b)1., a 5-day no-cure notice for criminal activity must:
    • Require the tenant to vacate on or before a date at least 5 days after the giving of the notice,
    • State the reason for eviction, including:
        - a description of the criminal activity or “drug-related criminal activity,”
        - the date it took place, and
        - the identity or description of the individual(s) who engaged in the activity,
    • Advise tenant she/he may seek assistance of legal counsel, a volunteer legal clinic, or “a tenant resource center,” and
    • State that the tenant has the right to contest the allegations in the notice before a court commissioner or judge if an eviction is filed.
  2. Dispute that notice, in writing. This is standard for what we recommend. You'd probably want to follow one of these three methods:
    • Dispute the notice. Explain why it didn't follow the criteria stated in the law.
    • Dispute the criminal activity. Since this is a no-cure notice, your only real grounds for dispute here is saying that the criminal activity didn't occur.
    • Dispute the notice based on this HUD document. Ask for a written policy describing under what circumstances they use criminal activity eviction notices.
  3. Argue your case in court. More about Small Claims Court is here, and more about the general eviction process is here. Keep in mind:
    • A landlord's evidence-based justification for the policy might be that a crime occurred that threatened the safety of residents. If this is true, they don't need to prove it in criminal court.They only need to prove that it reasonably happened in Small Claims Court, where the burden of proof is lower (only 51%, compared to criminal court's 100%, "beyond a shadow of a doubt").  The penalty is also less extreme (losing housing vs. going to jail). 
    • If your case is being heard at the "return date" or "initial court hearing" or "joinder conference," you always have the right to ask for a trial in front of a judge on a different day. If your case was decided by a court commissioner, you can ask for a do-over right away, and ask that the case be heard by a judge.
    • It is illegal for a landlord to choose to evict only certain residents for criminal activity when that decision to evict is different based only on protected classes: race, gender, age, family status, and so many more.

You might want some help with this! Here is our attorney referral list.

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Quick and Dirty Guide to Renting in Madison

Don't Rent Early

Why Wait for Spring? Lots of Reasons

  • 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, so make sure that you understand joint and several liability.
  • Potential apartment problems. After living in your apartment for a while, you may find major repair 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. Check out our pages on repairs in Madison & Fitchburg or the rest of Wisconsin.
  • 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 have to pay rent in Madison while you are living in another city.
  • Lower rent. Historically, some landlords reduce rent prices as it gets closer to summer, and there will likely be apartments left un-rented in August, although in recent years the vacancy rates have been far below the national average.
  • Once you sign a lease, you're obligated. 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, they 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 particular, 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 to 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 (608) 244-4953.
  • Building Inspector. Find out if previous tenants have reported repair problems by calling the Building Inspector at (608) 266-4551.

For more tips, see our page on Preparing to Rent and Moving In and Out in Madison.

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? Push very gently to check.
  • Are there roaches? Open cabinets and immediately shine a flashlight, and look for roaches and eggs.
  • Are there bed bugs? Check for rust colored stains in the seams of mattresses or upholstered furniture.
  • Are there mice? Look for droppings in drawers, cabinets, and closets.
  • Do they meet your needs for cable, phone, DSL, or satellite 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, turn 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 are unenforceable and mean almost nothing, and cosmetic repairs cannot be enforced by Building Inspection. If the landlord agrees to paint, replace carpet, re-glaze the tub, etc., this must be written into the lease, with a specific deadline (e.g. by move-in date). 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.

New laws make it clear that the landlord can make promises to repair in an email or text message. Wis. Stat. 704.10(3), 2017 Wis. Act 317, Sec. 42, Effective 4/18/18.

"Money Down" or Earnest Money

Many landlords request earnest money before they will review your application. If you put down earnest money, the landlord has 3 days to make a decision or return the money, unless you agree to a longer period of time, but it cannot exceed 21 days. ATCP 134.05(2)(a) Earnest money can be any amount and does not include the credit check fee and up to $25 for a background check on out-of-state applicants. The landlord can only charge actual costs, and it must be from a national company. MGO 32.02(2)(c) & 32.10(3), Wis. Stat. 66.0104(2)(b) Effective 12/21/11. 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. ATCP 134.05(2)(b)
  2. If you are accepted but you don't want the apartment, the landlord has to mitigate the damages (try to re-rent the apartment) but can deduct for the costs (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! ATCP 134.05(3)
  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. ATCP 134.05(2)(a)2.
  4. If your application is denied, the landlord must return all earnest money by the end of the next business day. ATCP 134.05(2)(a)1. Wis. Stat. 66.0104(2)(d)1.a., 2013 Wis. Act 76, Secs. 2 & 4 Effective 3/1/14.

If you feel you were discriminated against, call the Equal Opportunities Commission at (608) 266-4910 or the Fair Housing Center of Greater Madison toll-free at 877-647-FAIR. 

Read the Lease

If you have any questions about your lease, bring it to our office. We can help you understand it and find possible 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. Most court commissioners and judges will want to see proof of costs and usually landlords must provide receipts as proof of any cleaning costs if you go to court. Pre-set fees are a way for them to try to avoid this and potentially overcharge you. Try to strike these fees 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. They also cannot 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 (Madison & Fitchburg) 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 addenda. Anything you don't sign won't bind. Be careful about these addenda 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.

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 provisions make your lease "void and unenforceable." Wis. Stat. 704.44 Previously, case law was most clear about the provisions regarding legal fees. Recent changes to state law and the Consumer Protection regulations make it more clear that the following provisions make a lease void and unenforceable:

Summary

  • Read the lease carefully, and watch out for the above mentioned clauses. (Learn more about Reading Your Lease)
  • Describe needed repairs (Madison & Fitchburg) in writing with a set deadline to repair before you sign the lease.
  • Bring your lease and any addenda to the Tenant Resource Center so we can check it over.
  • Keep a copy of the lease for your own records immediately after you've signed it. ATCP 134.03(1)

Roommate Agreements

Many tenants, even close friends, end up having conflicts. To help avoid disputes about partners 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 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 

When you move in, your landlord is required to give you a check-in sheet and let you know you have seven days to inform them of any problems. ATCP 134.06(1)(a)1, Wis. Stat. 704.08, 2011 Wis. Act 143, Sec. 18, Effective 3/31/12.

Landlords can send all documents and forms related to the security deposit in an email or text message. Wis. Stat. 704.10(2), 2017 Wis. Act 317, Sec. 42, Effective 4/18/18. If you do not receive a check-in form, make your own or use the Tenant Resource Center's Sample. Make a copy of the complete document for yourself and send the original to your landlord within the deadline they give you (must be at least 7 days). If the landlord doesn't follow check-in procedures, it will be difficult for them to prove the initial condition of the apartment when they try to deduct from your security deposit. Tenants should still fill in their own check-in sheets and take photos or video of the initial condition of the apartment.

When filling out the check-in form, be thorough. The landlord cannot charge you for any existing damages that you include on the check-in form.

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 (608) 266-4551. If it isn't urgent, write a letter and give a deadline for completion. Keep a copy for your records to document your actions. 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. Wait for notice from the Building Inspector's office and complete the rent abatement process before you deduct from your rent.

2013 Wis. Act 76 includes language about pest control. The language does not make the tenant automatically liable for pest control, but it says that they are responsible if the pests are due to acts or inactions of the tenant. This provision goes into effect for tenancies in effect on 3/1/14. Wis. Stat. 704.07(3)(a), 2013 Wis. Act 76, Sec. 12 Effective 3/1/14. Whenever repairs are needed because of a tenant's action or inaction, the landlord can charge a "reasonable hourly rate" for their time, materials, and time spent purchasing or providing materials, supervising their staff or agents, and hiring a third-party contractor. Wis. Stat. 704.07(3)(a), 2017 Wis. Act 317, Secs. 37 & 38, Effective 4/18/18.

Landlord Entry

There are three legal reasons to enter which all require advanced notice: repairs, inspections, and showings (for re-rental or sale.) Emergencies (like a burst pipe) don't require advanced notice if there is a threat of harm to the property. Now, unless the lease says otherwise, Madison landlords only have to give a 12 hour notice to enter for repairs and inspections. MGO 32.05(1)(d), Wis. Stat. 66.0104(2)(d)1., 2013 Wis. Act 76, Sec. 2 Effective 3/1/14. They only have to give a 12 hour notice to enter for showings for re-rentals or sales. MGO 32.05(1)(e),Wis. Stat. 66.0104(2)(a)4. Effective 12/21/11.

If your landlord enters without notice, you should write them a letter citing the dates of illegal entry as well as the law prohibiting it (MGO 32.05(1)(d) or ATCP 134.09(2)). If it continues call (608) 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: (608) 255-2345. They could be ticketed for up to $600.

Retaliation

It is unlawful for any landlord to retaliate against a tenant who exercises their 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 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. As of 3/31/12, if you moved out early, they can return it 21 days from the date that someone new enters into a lease or your lease ends, whichever is sooner. This provision also goes into effect for eviction actions started after 3/1/14. Wis. Stats. 704.28(4)(b) & (c), 2013 Wis. Act 76, Secs. 21, 22 & 23 If they don't, you could sue for up to double damages plus court costs and attorney's fees. MGO 32.07(10), Wis. Stat. 66.0104(2)(b) If your landlord does deduct from your security deposit, 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.

Preparing to Rent

Choosing the Right Landlord

It is expected that landlords will check the background of prospective tenants. It is equally important for tenants to check out the landlord. This research can be quick and usually it's anonymous. Even if you don't have many options for where to rent, you will go in with very important information which can save you lots of money, time, and stress.

Current Tenants

If you only check one source, it should be the current tenants. Visit without the landlord and explain that you are considering renting and that you would like a little information about the landlord and building. Ask questions such as:

  • Does the landlord respond quickly when you report repair/maintenance problems? 
  • Does the landlord keep common areas (yards, laundry rooms, hallways) in good condition?
  • Are there major repair problems in the building?
  • Does the heat work and do the appliances work properly?
  • Before you moved in, were you promised improvements (such as new carpet)? Was this done? Was it on time?
  • Are there pests (such as cockroaches, bed bugs, or mice)?
  • Are there noise or safety problems in the building or the neighborhood?
  • Is proper notice (usually 12 hours) given before the landlord enters the unit?
  • What happens if you pay the rent late? 
  • Are there late fees?
  • Is the landlord pleasant and professional?
  • Why is the current tenant leaving?

If possible, talk to at least two current tenants. Bad reports are a strong reason to keep looking, or to be extra careful about preventing and documenting problems if you move in anyway (take photos before moving in, keep things in writing about repairs (texts/emails), etc.) .

Small Claims Court Records

You can easily find any court cases your landlord might have in Wisconsin through CCAP (Consolidated Court Automation Programs). Make sure you check the name of the landlord or management company that is listed for the address on your city assessor's website (for City of Madison residents, click here) or Access Dane. 

CCAP On the Internet

The case files will tell who is suing whom, for what, and who won the case. Click on "case details" or "court record events" for details. While CCAP online can be helpful, it may not say why someone was evicted.  If a case has a “stipulated dismissal”, the landlord and tenant worked out an agreement.  A default judgment usually means one side did not show up, usually the defendant.  A judgement of eviction usually only comes after a hearing with a judge, but not always.

CCAP at the Courthouse

For more information, go to the county courthouse in person and ask the clerk to pull files for all cases your potential landlord has been involved in during the last few years. Have the case numbers from CCAP ready to avoid possible fees for looking them up. More information on CCAP is here.

When you check the court records at the courthouse computer (records room), you will find more details about why people are evicted. Look at the section entitled "complaint" to learn why tenants were evicted, but consider the number of apartments the landlord/management company controls. If you find that the landlord has a disproportionately high number of tenant/landlord cases, or if you are surprised by the reasons tenants are suing them, then it may be wise to look for another apartment, or be extra careful renting from them.

NOTE: Landlords will also use CCAP to look up your record of evictions, being sued for money, etc. As of 4/18/18, the laws make it much easier for tenants to remove eviction cases from their CCAP record (as well as removing all other small claims court cases, such as money cases). Wis. Stat. 758.20(2)(a), 2017 Wis. Act 317, Sec. 46, Effective 4/18/18. Click here for more information about tenant records and CCAP.

Consumer Protection

Contact the Department of Agriculture, Trade and Consumer Protection (online or at 800-422-7128) to ask if any complaints have been filed against the landlord. 

  • You can find out the number of complaints, the dates they were filed, and how they were resolved. 
  • Again, consider how many apartments the landlord owns or manages. 
  • You can also go to the agency and see the actual complaints.

Building Inspection Records

Many towns and cities in Wisconsin have building inspectors. 

  • Most inspectors keep written records every time they inspect an apartment and these records are public. 
  • You can ask to see the records for addresses you are considering. 
  • Focus on recent records, such as reports within the past five years. 
  • The records should show that the inspector has visited the apartment and what repairs the landlord was ordered to make. 
  • Check to see how soon the repairs were finished. 
  • Also, check to make sure it is still the same landlord who owns the building.
  • Remember, retaliation against tenants who contact inspectors is prohibited by statute and by ATCP 134.09(5). Buildings that have been inspected several times recently are probably not being maintained well. You may want to avoid landlords who do not make repairs even after being ordered to do so by the building inspector.

Zoning Records

When you check inspection records, it is a good idea to check zoning: 

  • Give the zoning staff the address of the apartment and ask how the building is zoned. 
  • You may find that no more than two or three unrelated persons can live in the building, which may come as a shock if you were planning to move in with some friends. 
  • You might find out that your future "three-bedroom" apartment only has two legal bedrooms.
  • In the City of Madison, if a co-tenant is forced to vacate by an inspector because of zoning or occupancy limits that were not disclosed to the tenants, they may be able to break the lease without any consequences. MGO 32.08(2)(d) Call your local building inspector or the Tenant Resource Center for more information.

Police Records

Police Reports and Police Contacts

  • Call your local police department and ask whether you can get a printout of all police calls to your prospective apartment building.  
  • If you want information specific to one person (landlord) you should ask for police contacts, list the address and date of birth if you have one. 
  • Most police departments have a records office, Madison’s is here. You may have to go to the police department in person and/or pay a small fee. 

Neighborhood Officer

  • There also may be a police officer assigned to the neighborhood you want to move into. 
  • Talk to that officer about the neighborhood/your landlord. 
  • You should also talk to neighbors about their relationship with the police in the neighborhood. 
  • It might be a good idea to stay away from any building that has a long record of police calls; however, some neighborhoods have high police vigilance, which will contribute to the number of police calls for properties within those neighborhoods. 
  • If the landlord or manager has a criminal record, you may want to consider that this person will have a key to your home. Just as the landlord probably looked up your conviction record in Wisconsin on CCAP, you might want to do the same for your landlord or property manager. More information on CCAP is available here.

What the Landlord Must Disclose

Landlords have to give applicants certain information prior to accepting any money, so tenants can decide if they are interested. Landlords are also required to write certain important information in the leases.

Tenants' Copies of Agreements

Tenants must be allowed to inspect copies of all written agreements and rules before they pay any money to the landlord or make any rental agreement. When a tenant signs a lease, the landlord must give them a copy of the signed lease. If you request one from the landlord and they do not respond, you may make a complaint to Consumer Protection. ATCP 134.03(1) Here are some things to think about when reading your lease.

NOTE: With the passage of new laws, it has become extremely important that you read your lease before signing. Just because a landlord puts something in the lease does not mean it is legal. In fact, if the landlord puts certain illegal clauses in a lease, it could make the whole lease invalid. It will also tell you what they can do with your property when you move out, or if you are evicted. See Ending a Lease and Property Left Behind for more information. If you have any questions, contact the Tenant Resource Center before signing and we can help you understand the lease and identify possible problems.

Disclosure of Owner/Manager Information

Landlords must give the following information to tenants in writing before or when they enter into a lease:

  • Name and address of the person who collects the rent
  • Name of the person who manages the building
  • Name and address of the repair contact person. The tenant must be able to contact that person easily.
  • The name of the owner or other person authorized to accept legal papers and other notices (must be in Wisconsin, and must be a street address, not a post office box). ATCP 134.04(1)

Landlords who live in and manage buildings with four or fewer units do not have to provide owner/manager information in writing. (It is assumed they will manage the building and accept legal papers.) ATCP 134.04(1)(c) Tenants must be notified of any change in the name or the address of the owner/manager, the maintenance contact person, and the person who accepts legal papers within 10 days of a change, if tenants live in a building with more than 4 units, or if the owner does not live on site. ATCP 134.04(1)(b) In Madison, landlords must also disclose the phone number for each person above. MGO 32.08(1), Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2

New laws make it clear that the landlord can give the tenant copies of the rental agreement and any related documents in an e-mail or text message. Wis. Stats. 704.10(2) & (3), 2017 Wis. Act 317, Sec. 42, Effective 4/18/18.

If the Landlord Fails to Provide This Information

  • Contact the city assessor/treasurer or county register of deeds and find out what information they have available.
  • Look up that person's office or home phone number in case you need to reach the landlord in an emergency.
  • Send any rent or repair requests to the address of the owner, along with a request for any information not disclosed in the rental agreement, and keep dated copies of all your written requests.
  • Mail the rent payment at the post office and get a "certificate of mailing" (cheaper and faster than registered mail) or "delivery verification" to verify delivery. If there are no more problems, you may not need future receipts, but keep copies of each payment, the letters you send, and any receipts.
  • Tenants may also file a complaint with Consumer Protection (DATCP online or at 800-422-7128).

Utility Disclosure Information

Before making a rental agreement or accepting any money from you, the landlord must tell you what utilities you have to pay for in addition to the rent.  Landlords must also tell you if your bills include any utilities in common areas of the apartment building including hallways, yards, parking lots, and laundry rooms. If the apartments do not have separate utility meters, the landlord must disclose this, as well as how they determine how much each renter will pay. ATCP 134.04(3) If the landlord informs the tenant that the tenant will be paying for a shared meter, the tenant could negotiate a fairer arrangement (such as paying a portion equal to the number of people in each unit). Have the landlord sign the agreement and make sure to keep a copy for yourself. 

If the Utility Information Was Not Disclosed

Call the local utility company for help. A service person may visit your home to see what services you should pay for.

If you find out you are paying for someone else's utilities, ask the utility company for a copy of previous bills and estimate the amount the landlord should refund to you. The utility company can help with estimates. If you live in the MG&E service area in Dane County you can find some information about estimates here.

Tenants who find out they have a shared meter which was not disclosed to them should write a letter to the landlord requesting a refund and give the landlord a deadline (ten days to two weeks). If the landlord does not respond, file a complaint with Consumer Protection (DATCP online or 800-422-7128).

If a tenant and their landlord are still unable to come to an agreement, mediation may be helpful. Contact the Housing Mediation Service in Dane County or the Wisconsin Association of Mediators outside of Dane County. If the landlord does not comply, the tenant may sue in Small Claims Court for mandatory double damages plus court costs and reasonable attorney's fees. Wis. Stat. 100.20(5)

Disclosure of Building Code Violations

Before entering into a rental agreement or accepting earnest money, the landlord must tell the tenant about documented, uncorrected building code violations that they have actual knowledge of and which are a significant threat to the prospective tenant's health or safety. ATCP 134.04(2)(a), Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2, Effective 3/31/12 and 11/1/15.

Before entering into a rental agreement or accepting earnest money, the landlord must also tell the tenant about any conditions affecting habitability which the landlord would know about, or could have known about based on a reasonable inspection. These include any lack of: hot or cold running water, safe electrical system, sewage disposal, heating systems unable to reach 67°F in all living areas in all seasons, and all other likely health or safety hazards. ATCP 134.04(2)(b), MGO 32.08(2)(a), FO 72-108(2)a

In the City of Madison the landlord must also disclose the tenant's right to abate rent (reduce rent payments to enforce the completion of inspector-mandated repairs), off-street parking requirements, and occupancy standards (how many people can live in an apartment). Violations of Madison's disclosure requirements can carry a fine. If a tenant has repair problems that the landlord refuses to fix, call the building inspector. In Madison, call the City of Madison Building Inspector at 608-266-4551.

Promises to Repair

When a landlord promises to make repairs before you sign your lease/move in, they must put these promises in writing. Consumer Protection can help you if they are not completed on time. For more information, see Repairs (Madison & Fitchburg or Wisconsin) or contact Consumer Protection (DATCP online or at 800-422-7128). 

New laws make it clear that the landlord can make promises to repair in an email or text message. Wis. Stat. 704.10(3), 2017 Wis. Act 317, Sec. 42, Effective 4/18/18.

Lead Paint Requirements

According to Housing and Urban Development (HUD), a landlord must disclose that a dwelling built or remodeled before 1978 may contain lead paint, and provide the tenant with a lead hazard information pamphlet. 42 U.S. Code § 4852d . For enforcement, call HUD at (414) 297-1493 or the Environmental Protection Agency (EPA). For more information on lead paint, visit the HUD website, or see our blog post on lead paint. 

Safe Housing Protections

The following language (a summary of the Safe Housing Act) must be provided in every lease or in an addendum to the lease entered into or renewed after 3/1/14: (Wis. Stat. 704.14, 2013 Wis. Act 76, Sec.14)

“NOTICE OF DOMESTIC ABUSE PROTECTIONS

(1) As provided in section 106.50 (5m)(dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if 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 committed by either of the following:

(a) A person who was not the tenant's invited guest.

(b) A person who was the tenant's invited guest, but the tenant has done either of the following:

  • Sought an injunction barring the person from the premises.
  • Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant's guest.

(2) A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes.  If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency.

(3) A tenant is advised that this notice is only a summary of the tenant's rights and the specific language of the statutes governs in all instances.”

Note: If there is a clause in the lease prohibiting crime, and this language, quoted above, is not in the lease, then the lease is void and unenforceable. Wis. Stat. 704.44(10) For more information, see our Ending Your Lease page.

Sex Offenders

If a tenant requests information about sex offenders in writing, the landlord should inform them to get information from the sex offender registry or the Department of Corrections. While landlords are not obligated to keep this information themselves, landlords are obligated to disclose any "actual knowledge" they have about a specific person, IF a tenant asks for it. They are not liable for any particular disclosure if they refer a tenant to obtain information about the sex offender registry and persons registered with the registry by contacting the Department of Corrections, with appropriate contact information. Wis. Stat. 704.50

Earnest Money

After disclosing the required information (see previous sections) landlords are allowed to accept "earnest money," sometimes called an application fee, money down, or "hold" money. Earnest money includes ALL money which the tenant pays to the landlord before they sign a lease, except for up to $25 for the actual cost of a credit check) and up to $25 for a background check for tenants applying from out of state. ATCP 134.02(3), Wis. Stat. 704.085(2), 2017 Wis. Act 317, Sec. 41, Effective. 4/18/18.

Earnest money is refundable except for the actual cost of a credit check (credit bureaus charge about $8 - 12 for a report) and a background check for out-of-state applicants. Tenants can avoid the credit check fee (but not the background check fee) if they provide their own copy of a credit report less than 30 days old. City of Madison tenants cannot be required to pay the cost of a credit check. MGO 32.02(2)(c) & 32.10(3), Wis. Stat. 66.0104(2)(b), ATCP 134.05(4) For information about free credit reports see Credit Reports.

NOTE: The regulations in ATCP 134 which govern the return of earnest money have not been updated yet for the new law allowing the landlord to charge out-of-state applicants for background checks. However, 2011 Wis. Act 143 says that ATCP cannot conflict with laws in Wis. Stat. 704, such as this one.

 Here are the three things that a landlord can do with the earnest money:

  • If the landlord accepts you as a tenant and you sign a lease, the landlord must either return the earnest money, or apply it to the security deposit or your first month's rent. ATCP 134.05(2)(b)
  • If your application is denied, or if you withdraw the application before being accepted/denied (which you should always do in writing), the landlord must return the earnest money by the end of the next business day (unless you gave written permission for them to retain it for up to 21 days). ATCP 134.05(2)(a)3.
  • If you are accepted but don't want the apartment, the landlord can deduct for the actual costs of re-renting the apartment (for example, advertising) but they can't charge for their time spent showing or re-renting the apartment. They must return the rest of the earnest money to you within three business days (unless you gave written permission to retain it for up to 21 days). ATCP 134.05

If your landlord won't return your earnest money, you can file a complaint with Consumer Protection (DATCP online or at 800-422-7128)  and/or sue in small claims court for double what they owe plus court costs and reasonable attorney's fees.  Sometimes writing a letter threatening to do those things if the landlord won't return it by a certain deadline can quickly resolve the issue.

Still confused about earnest money? Read our blog post about it!

For more information on what to do when moving into an apartment in the City of Madison, see Moving Out of One Apartment Into Another.

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The Tenant Resource Center is funded by:

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Tenant Resource Center

2510 Winnebago Street, Madison, WI 53704

Hours and Locations

Location Hours
Main Office
2510 Winnebago St
Madison, WI 53704

Monday: drop-ins only, 9am – 6pm
Tuesday: appointments only, 9am – 6pm
Wednesday: appointments only, 9am – 1pm
                    drop-ins only, 1pm – 6pm
Thursday: appointments only, 9am – 1pm
                 drop-ins only, 1pm – 4pm
Goodman South Campus
2429 Perry ST
Madison, WI 53713		 Saturday: drop-in, 10am – 2pm
Sunshine Place
1632 W Main St, #170
Sun Prairie, WI 53590		 Monday: drop-in, 8:30am – 3pm
Wednesday – Thursday: drop-in, 8:30am – 5pm
Student Activity Center
333 East Campus Mall, Room 4001
Madison, WI 53715		 Tuesday & Thursday: drop-in, 10am–4pm

Phone Numbers

Service Number

Rental Rights Hotline

 Dane County: 608‑257‑0006
Toll-Free: 877‑238‑RENT (7368)

Eviction Prevention Services

 608-257‑0006 ext 7

Administration

 Phone: 608‑257‑0006 ext 0
Fax: 608‑229‑1317

UW‑Madison Campus Office

 Phone: 608‑292‑5608
Español: 608‑257‑0006 ext 1

© 2026 Tenant Resource Center. All rights reserved. This website or any portion thereof may not be reproduced or used in any manner without the express written permission of the Tenant Resource Center.

No part of this website should be regarded as legal advice. If you need legal assistance or representation, consult a Wisconsin housing attorney.

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