According to Wis. Stat. 704.05(2), a tenant has "exclusive possession" (i.e., they are the only ones who may live in their unit) except when the landlord gives advance notice to come in at "reasonable times" to "inspect the premises, make repairs, and show the premises to prospective tenants or purchasers." A landlord may also enter without notice in an emergency.

A landlord has to give at least 12 hours advance notice to enter for inspections, repairs, or showings. A tenant can let the landlord come in with less than 12 hours notice. A landlord must always announce themselves before entering the unit. ATCP 134.09(2) 

Landlord Notice Requirements

Advance notice must be in writing, including email or text. Wis. Stat. 704.10(4), 2017 Wis. Act 317, Sec. 42, Effective 4/18/18. The tenant is not required to receive the notice (for example, during an extended absence). ATCP 134.09(2)

Announce and Identify

Before entering, the landlord must announce their presence to persons in the unit and identify themselves upon request. ATCP 134.09(2)(d), MGO 32.05(1)(f), FO 72-29

Exceptions to Advance Notice

• If the tenant, knowing the proposed time of entry, requests or consents to the entry. ATCP 134.09(2)(b)1
• If there is a "health or safety emergency."  ATCP 134.09(2)(b)2
• To protect the premises from damage when the tenant is absent. ATCP 134.09(2)(b)3
• A tenant may waive their right to advance entry notice with a NONSTANDARD RENTAL PROVISION where the tenant and landlord agree to alternative rules in writing. MGO 32.07(14)(f), MGO 32.05(1), Wis. Stat. 704.05(2), ATCP 134.09(2)(c), 2013 Wis. Act 76, Sec. 2 

Mobile Homes/Manufactured Homes

When the tenant owns a manufactured home but rents the lot (and they live in a mobile home park with two or more units), the landlord may not "enter a tenant's manufactured home without the tenant's permission and reasonable prior notice to the tenant." The landlord may enter without permission and notice if "...entry is necessary because of emergency, or to preserve and protect the manufactured home or the manufactured home community." ATCP 125.09(4)

For all parts of the manufactured home and lot rented by the tenant (not owned), the landlord must follow landlord entry laws for rentals throughout the rest of this section.

Tenant Action if Landlord Enters Without Proper Notice

• Contact the landlord in writing, citing the dates of illegal entry and applicable laws prohibiting it. ATCP 134.09(2), MGO 32.05(1)(d), or FO 72-29(4). More information on how to write a letter is here.
• File a complaint with the Department of Agriculture, Trade and Consumer Protection at 1-800-422-7128 or by visiting their website.
• Contact law enforcement. The police may at least document the incident of illegal entry. A tenant may also call the police if a tenant is home when the landlord tries to enter illegally. In Madison, the police can give the landlord a $600 ticket if the landlord does not cooperate.

Landlord Entry Facts 

 People are often surprised to discover these facts:

• Tenants do not have the right to deny the landlord entry if the landlord has given proper notice. 
• Tenants may not require they be there when the landlord has chosen to enter. 
• A landlord may not require that a tenant not be there when the landlord has chosen to enter. 
• A tenant may always let the landlord in sooner than the 12-hour advance notice. If a landlord wants to assume they can come in quickly for a repair request without waiting for the tenant's explicit permission, they must state this in the NONSTANDARD RENTAL PROVISIONS on the lease.
• "Landlord," in these laws about entry, means the person who owns the property, the person who is leasing it out, the manager, maintenance, and a real estate agent. It can mean the owner, but it can also mean the agent of the owner. It can be anyone the "real" landlord permits to enter on their behalf. 
• The law only states that landlords may enter at "reasonable times," but does not clearly define a "reasonable time" or a maximum time window during which the landlord may enter. 

Tips for Landlords:

• It is a great idea to get some information upfront with your prospective tenant about landlord entry and anything you should know about entering their unit. A sample form is available here.
• If you know of an upcoming issue where you (or an employee or representative) will need to spend a lot of time in the rental home, address it with your tenant ahead of time. Offer incentives to gain tenant cooperation in dealing with upcoming rental home issues like lengthy repairs or intent to sell the property. 

Tips for Tenants:

• If your landlord doesn't ask, contact them in writing and tell them your preferred contact methods. You can also mention other relevant details, such as the hours you sleep (for example, if you work 2nd or 3rd shift) and essential details about your pets. 
• If something isn't working for you, a long repair or renovation, for example, then contact the landlord in writing and explain why you think their actions aren't reasonable and what you'd prefer as a way of resolving your concerns.

Here are two examples of landlord entry disputes:

Example 1:When a landlord sells a home, tenants may face challenges. Realtors, in this case, are agents of the landlords who are free to enter tenants' units as long as they follow all applicable laws. However, they may still ask tenants to move furniture, keep the home clean, and leave during showings, which does not align with landlord entry laws or tenant rights. Tenants should contact the landlord with a letter, offer compliance for a fee, or decline altogether.

Example 2: When tenants ask for repairs or renovations, they might not realize how inconvenient the process can be. Some tenants only want repair workers in their homes for a short time, even if they need the repairs. Tenants can suggest convenient repair times, but landlords are not required to comply. It is best to negotiate a solution that works for everyone, such as a hotel stay paid for by the landlord or a rent discount during the repairs. The tenant could also consider staying with family or vacationing during the repair.

Ultimately, a landlord has control over when they want to come in (as long as they give correct notice), and the tenant may file a complaint with DATCP or sue the landlord if the tenant feels that the landlord didn't comply with the laws.

Hey all!

We've been talking to a lot of people about what home means to them, and it's got me thinking about the basics, about what a home means in tenant-landlord law. 

One of the most basic building blocks in tenant-landlord law is exclusive possession. It is a concept that means that once a landlord offers a space for rent, a tenant has exclusive possession, and, within the rules of the lease, can do whatever they want within the home (as long as it's legal, of course).

For many people, you love who you love in your home. You cook the food of your heart in your home. You raise your children at home. You feel safe to be yourself in your home. These deeply felt concepts are due to the tenant having exclusive possession.

A new landlord came into our office not long ago - he'd recently begun renting out a property, and he had a problem with the tenant. The tenant had complained about a repair that needed to be done, but then, when the landlord sent repair people to take care of the issue, the tenant wouldn't let them in.

Landlord entry tends to be the canary in the coal mine when it comes to problems in the tenant-landlord relationship: the idea of who gets to come in and when really deals with the core of who gets control over the home; who the space belongs to. There are some pretty clear laws about landlord entry that guide the whole situation, though, and I'm talking about those today - what they mean, and what they don't mean.

“...a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur but for the landlord's retaliation against the tenant for... making a good faith complaint about a defect in the premises... complaining to the landlord about a violation of s. 704.07 or a local housing code... exercising a legal right relating to residential tenancies.”

- From Wisconsin Statute 704.45, "Retaliatory Conduct Prohibited"

Has Your Landlord Retaliated Against You for Exercising Your Tenant Rights?

Have you ever had someone treat you badly after you told them something they didn’t want to hear, or after you reported them to an authority (such as their manager) for doing something wrong? This is a form of punishment called “retaliation.” While it may seem obvious to you when you are being retaliated against, it can be difficult to prove.

No one is perfect, and most people don’t enjoy being told when they’re doing something wrong, or that they’re not doing something they’re supposed to do. Even so, most landlords are reasonable professionals who are willing to do their part to solve problems identified by their tenants.

But sometimes, a landlord will refuse to have a conversation with their tenant, or break promises they’ve made (such as making repairs, or preventing dangerous activity on their property). Other times, a landlord may simply be confused about what their responsibilities are under the law. In these situations, a tenant may have to clearly point out their rights to their landlord, or even report their landlord to a higher authority (such as their local Building Inspector).

Unfortunately, it is not uncommon for landlords to retaliate against tenants who point out their rights, or who involve the authorities when they need help.

The law protects tenants from landlords who retaliate against them for trying to use their rights. The legislature, courts, and the Department of Agriculture, Trade and Consumer Protection have all created protections recognizing that no matter which tenant rights are recognized by law, tenants must be free from fear of retaliation if their rights are to mean anything in the real world.

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Illegal retaliation has three major parts:

1. Did the Tenant Exercise or Try to Exercise a Tenant Right?

The first sign that a landlord's action may be illegal retaliation is when it happens after a tenant exercises their tenant rights. The tenant does not need to finish exercising the right (for example, by taking the landlord to court or filing a complaint): sometimes the tenant could have simply asserted the right or tried to use it (for example, by asking the landlord to follow the laws).

Tenant rights include many things:

• Demanding required or promised repairs (Madison and Fitchburg or Wisconsin)
• Calling the building inspector
• Demanding the landlord only enter for purposes allowed by landlord regulations
• Refusing landlord entry without proper notice
• Filing a complaint with Consumer Protection or filing a lawsuit against their building’s management
• Having a guest under reasonable circumstances, due to the tenant's right to "exclusive possession of the premises" and freedom from total restrictions on guests
• Refusing to allow the landlord to change substantial rules in the middle of the lease
• Demanding an end to discrimination (for example, a Black tenant demanding an air condition since one was provided to all white tenants, but none to Black tenants)
• Demanding the landlord protect the tenant's right to peaceful enjoyment by warning or evicting a noisy neighbor
• Asserting or attempting to exercise any tenant right from a lease, statute, ordinance, administrative code, or court decision
• Or, enforcing many other rights not listed above!

Always Keep a Paper Trail

Even if the landlord and tenant both know that the tenant asserted a right, the problem may be documenting it. When tenants have a concern (for example, about repairs), they should never simply talk to the landlord on the phone or in person: tenants should follow up in writing and keep a copy of the letter or e-mail. Also, if tenants file a complaint with a building inspector, Consumer Protection, or another agency, they should get a copy of the report as soon as possible, and keep that copy for themselves. Whenever a landlord replies to a tenant's complaint, they should always do this in writing to document that they are following the law.

2. Did The Landlord Commit a Retaliatory Action?

Some things landlords do to retaliate are not illegal, like being rude to their tenants or talking about them to the neighbors. Only the following actions qualify as illegal retaliation, if the situation meets all the other criteria.

Prohibited Retaliatory Acts Under Wisconsin Statute 704.45

• Raising the rent
• Decreasing the services available to the tenant
• Filing an eviction action in court
  • Tenants who are also behind on rent or breaking other rules in the lease cannot use retaliation as a defense, unless the landlord's reason for eviction is itself a form of retaliation (for example, if the tenant refused to pay a retaliatory increase in rent)
• Refusing to renew the lease
• Threatening to do any of the above

Prohibited Retaliatory Acts Under the Wisconsin Administrative Code ATCP 134.09(5) and Madison General Ordinances 32.12(4) & 32.15

• Terminating a tenancy
• Giving notice to stop an automatic renewal of a lease
• Constructively evicting a tenant by reducing heat, water, or electricity (this is illegal, even if not retaliatory, see Eviction for more information)

An additional retaliatory act prohibited in only the City of Madison is reporting the tenant to law enforcement authorities as having unlawfully entered or immigrated into the United States in order to retaliate against the tenant for having exercised their rights as a tenant, regardless of the validity of such a report. MGO 32.12(4)

3. Did the Landlord Do This Because the Tenant Asserted, Exercised or Tried to Exercise a Tenant Right?

This is the final piece of retaliation. Each regulation has a different level of proof required for the act to be considered illegal, as well as different penalties if a landlord is found to have illegally retaliated against a tenant:

Proof Needed for Violations of Wisconsin Statute 704.45

The tenant must only show that it is more likely than not that the landlord would not have done the action "but for" the tenant exercising a tenant right. While the landlord could have other legitimate reasons for acting (such as filing for eviction), the retaliation is still illegal if the landlord would not have retaliated except that the tenant exercised their rights.

Wis. Stat. 704.45 protects tenants who have actually exercised a right (for example, reporting their landlord to the building inspector), and faced illegal retaliation as a result. It does not apply to tenants who assert their rights to their landlord, but who take no further action. It also provides absolutely no protection against eviction if tenants are behind in their rent (except if the rent not paid is due to a retaliatory rent increase). This law also provides absolutely no protection for tenants making complaints about defects or damages which they caused themselves through negligence or improper use.

If a landlord’s illegal retaliation under chapter 704 costs you money, you can sue them in Small Claims Court to recover the money you lost.

Proof Needed for Wisconsin Administrative Code ATCP 134.09(5)

Like Wis. Stat. 704.45, the Consumer Protection code protects tenants who actually exercise a right. Unlike the state statutes, it also protects tenants who "asserted, or attempted to assert any right."

ATCP 134.09(5) has a slightly different list of tenant rights and prohibited actions (see above).

Tenants can file a complaint with Consumer Protection and/or sue in small claims court for double damages, court costs and reasonable attorney fees. ATCP 134.09(5)

Proof Needed for Dikhut v. Norton (1970)

Dikhut v. Norton is a court decision that protects a tenant's right to use a "public policy" like the building code. The case can protect tenants asserting or attempting to use a public policy (unlike Wis. Stat. 704.45) and can protect tenants not covered by the Consumer Protection (ATCP) code.

The case requires a strong level of proof: the assertion, use, or attempted use of public policy must be the only reason for the landlord's eviction or harassment.

Proof Needed for Madison General Ordinances 32.12(4) & 32.15

City of Madison residents have the same protections they do under the Consumer Protection regulations, but the burden of proof is put on the landlord, meaning a landlord has to show they weren't retaliating, or the tenant will win.

If the matter goes to court, tenants can cite MGO 32.15, which requires the court to "presume" the landlord is retaliating if the landlord's act occurred within six months after the tenant made a complaint to city authorities.

City of Madison police can issue fines from $60 to $600 for a limited number of violations (removing doors and windows, confiscating property, entering property without notice, failure to provide a rent credit or return a security deposit).

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Responding to Landlord Retaliation

Tenants who believe they are being retaliated against should do the following:

1. Document what is going on. Tenants should write a letter to the landlord that documents that the act is retaliatory. For example, "As you know, I asked you last week to stop entering without proper notice. Today, you have given me a nonrenewal notice. You should be aware that your nonrenewal is invalid and illegal under Wisconsin Statute 704.45 and ATCP 134.09(5). I intend to renew and expect you to rescind this notice and remove it from my file. I know my rights to file a complaint or sue for my damages." 
2. Contact an agency. If the landlord does not quickly take back the retaliation in writing, tenants should send a copy of their letter to Consumer Protection or call them toll-free at (800) 422-7128. Tenants in cities like Madison should also forward their complaint to the building inspector, police department, and City Attorney. Agencies may warn the landlord to stop their threats or harassment, or even prosecute if the landlord has violated regulations before.
3. Gather evidence. If the act(s) occurred after the tenant called the inspector, police, or other agency, the tenant should get a copy of that report for their records. If the landlord sues to evict them, the tenant can bring the report, any letters, a timeline of the issue, and any other evidence or witnesses, plus copies of the laws, and ask that the eviction be dismissed. Under the new laws, it is extra important to have copies of these laws at the first court date, since the court will only schedule a trial if the tenant raises "valid legal grounds." Wis. Stat. 799.206(3)), 2017 Wis. Act 317, Sec. 49, Effective 4/18/18. The tenant may also want to bring any evidence they have to the initial hearing.
4. Bring it to a judge. If the landlord's retaliation has cost you money, you can sue for any related damages. Violations of Consumer Protection laws require mandatory double damages plus court costs and attorney's fees.

If the landlord is threatening an eviction suit, the tenant can write back explaining they know they cannot be evicted in retaliation for exercising their rights. If it goes to court, the tenant can bring a copy of the letter and other evidence for the judge to see. Unfortunately, the tenant has to fight the retaliation with their housing on the line. Attorneys are not required in small claims court or eviction cases, but tenants may want to contact a qualified Wisconsin housing attorney. For more information, see Eviction.

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This page contains a collection of information on your rights regarding apartment safety in Wisconsin. Looking for something specific? Use the guide below to navigate to topics found on this page and throughout our website.

Practical Safety Tips

• Check Out the Area Before You Rent: Call your police department to inquire about the area. Some police departments are more or less able or willing to share information. If possible, walk around and talk with current residents about any safety concerns they have and their relationship with the local officers. MADISON ONLY:  Call the City of Madison Police Department's non-emergency number at (608) 255-2345 and ask to speak with the area's neighborhood police officer or community police officer, if there is one.
• Window Locks and Ventilation Locks: Always lock your windows. All first floor windows or windows accessible by a platform or fire escape are required to have both regular locks (which do not allow the window to open at all) and ventilation locks (which allow the window to open a few inches for ventilation but not wide enough to allow entry). These locks, when installed and used properly, will not allow entry without breaking glass. If locks are missing or don't work, request repairs. If the landlord won't make them, do not hesitate to call City of Madison Building Inspection at (608) 266-4551 or do an internet search for an inspector in your area (our list of statewide building inspectors is on the Repairs in Wisconsin page).
• Door Locks, Door Chains, and Dead Bolts: Always lock your dead bolt when you leave and when you're home. The dead bolt should be at least an inch long. Do not prop open the door to your apartment or apartment building.
• Security Locked (Controlled Access) Entrances: Controlled access buildings are only secure if the common doors remain closed and locked when not in use. Do not prop them open or give out the code to the keypad. You could compromise the safety of the whole building.
• Sliding Door Locks & Secondary Security Devices: Unsecured sliding doors are a common target for unauthorized entry. Be sure your patio door locks securely when closed. A secondary locking device such as a stick can be placed in the sliding track to prevent the door from opening and can allow for a small opening to let in fresh air, while remaining safe.
• Window Coverings: Keep your curtains or blinds closed if you are away from home for an extended period of time. Do not assume that the window coverings are included with the apartment. If window coverings are not provided, ask the landlord if they will provide them.
• Door Viewer: Always use your door viewer before you open your door for someone. If the door viewer is broken or not provided, notify the landlord immediately.
• Common Area Lighting: Be sure common areas have adequate lighting. If bulbs are burned out or if lights on an automatic timer are not turning on when it is dark, notify the landlord right away.
• Key Use Policy: Never label your keys or key chain with your house or unit number. If you lose your keys, your residence will be at risk. If you need extra sets of keys, ask the landlord. You may be required to pay a small deposit for extra keys. If the locks were not re-keyed before you moved in, you may ask the landlord to do so. You may have to pay this expense yourself, however, as the landlord is not obligated to change the locks between tenants except in special circumstances.

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Smoke Detectors

Landlord Responsibility:

State law requires the owner or manager of a unit to provide a working smoke detector on each floor including the basement. Wis. Stat. 101.145(4). If a tenant gives written notice to the owner or manager that the smoke detector is not functional, the landlord must take action within five days to make the smoke detector functional. Wis. Stat. 101.145(3)(c).

Tenant Responsibility:

The tenant must maintain the smoke detector (e.g. by providing batteries) and give written notice if it is not working properly. Wis. Stat. 101.145(4), Wis. Stat. 101.145(3)(c)

MADISON ONLY: All residential rental properties within the City of Madison shall have smoke alarms in place which are either a hardwired smoke alarm with a battery backup or a smoke alarm powered by a non-replaceable, non-removable battery capable of powering the smoke alarm for a minimum of ten years. Such smoke alarms must be installed in the following areas:

• In each bedroom;
• In each sleeping area;
• Within six feet of each door leading to a bedroom or sleeping area of each unit; and,
• On each floor of the building.

Carbon Monoxide Detectors

Wisconsin law requires carbon monoxide detectors to be installed and maintained in all new and most existing residential buildings. Wis. Stat. 101.149. Local building and fire inspectors are authorized to inspect for these detectors at the same time as they would inspect for smoke detectors. The Madison Fire Department maintains information about what is required. See the Wisconsin Department of Safety and Professional Services website for more information on carbon monoxide and smoke alarms. 2007 Wis. Act 205, 2009 Wis. Act 158

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Required Landlord Disclosures

Before renting, the landlord must tell the tenant about uncorrected building code violations affecting leased areas or common areas that they have actual knowledge of and which present a significant threat to the prospective tenant's health or safety. (For more information, see Preparing to Rent.) Wis. Stat. 704.07(2)(bm), 2011 Wis. Act 143, Sec. 16 & 17. Eff. 3/31/12. ATCP 134.04(2)(a), CR 14-038, Sec. 3. Eff. 11/1/15.

Landlords must also tell prospective tenants about any "conditions affecting habitability" which they know about, or could know about based on a reasonable inspection, whether or not there is a report from building inspection. These conditions include:

• Lack of hot or cold running water;
• Heating system that can't reach 67 degrees Fahrenheit all year round;
• No electricity, plumbing, or sewage systems (or systems that are unsafe or not in good operating condition);
• Any structural or other conditions that could be a health and safety risk. ATCP 134.04(2)(b)

E-mail or Text Communication for Promises to Repair

If it is written into the lease, the landlord can “provide and indicate agreement” by other electronic communication (email, text, fax) for any promises to clean, repair or improve the premises prior to entering into the rental agreement. Stat. 704.10(3), 2017 Wis. Act 317, Sec. 42. Eff. for rental agreements made or renewed on or after 4/18/18. 2017 Wis. Act 317, Sec. 56.

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Repair Action Steps for Tenants

1. Fill out Check-In Form

Note needed repairs on your check-in form. For more information on the move-in process, see our pages on About Security Deposits and Preparing to Rent. Additionally, inspect your apartment for the following safety features:

• Security-locked entrances to common areas
• Dead bolts/sliding door locks and window locks
• Lighting in common areas
• Door viewer
• Smoke detectors and carbon monoxide detectors

2. Contact the Landlord to Request Repairs

Even if you listed security repairs on your check-in form, put repair requests in writing to your landlord, reminding them that it is a safety issue. Date the request and keep a copy of it for your own records. Many landlords do not use the check-in sheet as a notification of needed repairs. Instead, they promptly file the check-in sheet and don't look at it until the end of the tenancy. For additional information, see Repairs in Madison and Fitchburg or Repairs in Wisconsin.

3. Document Needed Repairs

Document the security repairs that are needed by taking pictures and keeping a log of actions you take, like contacting the landlord and calling Building Inspection. Make sure the log includes the date and time you called, the person you talked to, and a brief summary of what you talked about including the requests or promises made to complete the repair.

4. Call Building Inspection

In most instances, the security measures listed in this brochure are required by the City of Madison building code. Other areas of the state likely have similar codes if there is a Building Inspector. If your landlord does not respond to your repair requests, notify Building Inspection. City of Madison: 608-266-4551.

5. Changing the Locks in an Emergency

Tenants in Wisconsin can ask the landlord to change their locks and they are required to do so under the Safe Housing Act. (See next section.)

Madison ONLY: In an emergency, where the rental premises or the health and safety of the tenant are at risk, the tenant may change or re-key the locks without prior permission of the landlord. This is the only situation where a tenant may do this. The tenant needs to give the landlord a key within 48 hours or as soon as possible, and the landlord has the right to replace the altered lock. The landlord does not need to reimburse the tenant for the cost of changing the locks. MGO 32.05(2)

Safe Housing Act

The Safe Housing Act says that under certain circumstances, a tenant may terminate their lease or have the landlord terminate another tenant's lease if there is an imminent threat to their safety. They can request the landlord change their locks and the landlord must do so if the tenant has proper documentation. The law allows victims of domestic violence, sexual assault, stalking, or child abuse to terminate a tenancy if they or their child(ren) are 1) in imminent physical danger AND 2) have an accepted form of documentation of the threat. These include a permanent injunction (restraining order), criminal complaint, or condition of release from prison or jail prohibiting contact with the tenant or their child(ren).

This law allows the victim to give written notice ending a year-long tenancy as though it were a month-to-month tenancy (written 28-day notice). For more information see Ending Your Lease. The law also allows landlords to evict the tenant who is named in the injunction or court order as the person committing the abuse, assault, or stalking. This law is very detailed about the types of circumstances that allow a tenancy to be terminated, so please refer directly to the law for more information, and seek legal assistance if necessary. Wis. Stat. 704.16, 2007 Wis. Act 184

In Dane County: Domestic Abuse Intervention Services (DAIS) can provide counseling and free legal advocacy for tenants in Dane County who are the victim of domestic or child abuse, sexual assault, or stalking. DAIS can assist tenants in obtaining the necessary injunctions to terminate their leases, and assist with the termination itself. They also provide other support, resources, and safety counseling. In Dane County call 608-251-4445; or 800-747-4045

Outside Dane County: Contact your local domestic abuse agency.

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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 the Chronic Nuisance Ordinance 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

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. ATCP violation effective 11/1/15. ATCP 134.08

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  following language may make the lease void and unenforceable:

• Language that would allow 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 of that crime, as defined in Wis. Stat. 950.02(4). Wis. Stat. 704.44(9), 2013 Wis. Act 76, Sec. 25. Effective for leases entered into or renewed on or after 3/1/14. ATCP violation effective 11/1/15. ATCP 134.08 (9)
• Language that would allowthe 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 of Domestic Abuse Protections required under Wis Stat. 704.14. Wis. Stat. 704.44(10), 2013 Wis. Act 76, Sec. 26. Effective for leases entered into or renewed on or after 3/1/14. ATCP violation effective 11/1/15. ATCP 134.08(10)

ATCP 134.08 adds the followingf to the list of "prohibited provisions"  which make the entire rental agreement void and unenforceable" (if the tenant so chooses). These rules are also still unenforceable, if the tenant wants to stay in the contract.

• Lease provisions which allow retaliatory acts due to calls for law enforcement, health or safety services. ATCP 134.08(1),
• Lease provisions which allow a landlord to evict a victim of a crime, because of that crime. ATCP 134.08(9), and
• Leases which have rules against crime that do not include a notice of domestic violence protections. ATCP 134.08(10), CR 14-038, Sec. 11. Eff. 11/1/15.

Furthermore:

The following language 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 of 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."

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.

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New Risk of Eviction 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 or “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

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 

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

It clarifies that month-to-month tenancies and tenancies-at-will can be terminated, before the end of the rental period, for criminal or “drug-related criminal activity.”  Wis. Stat. 704.19(2)(b)2., 2015 Wis. Act 176, Section 28

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

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

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

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Landlord Entry

Notice Required for Landlord Entry

Wisconsin landlords cannot enter an apartment unless they give at least a 12-hour notice to the tenant, and it must be to make repairs, inspect, or show the unit for rental or sale. Notice may be verbal (including leaving a message) or in writing. There is no requirement that the tenant actually receive that notice (for example, during an extended absence). ATCP 134.09(2). In an emergency, or if the tenant waives the notice requirement on a case-by-case basis, the 12-hour notice is not required. Suspected lease violations, such as a party or an unauthorized pet, are NOT reasons to enter without notice. See Landlord Entry for more information. Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2. Eff. 3/01/2014.

If it is written into the lease, the landlord can “provide and indicate agreement” by other electronic communication (email, text, fax) for any notice to enter to repair, inspect, or show the unit. Wis. Stat. 704.10(4), 2017 Wis. Act 317, Sec. 42. Eff. for rental agreements made or renewed on or after 4/18/18. 2017 Wis. Act 317, Sec. 56.

Action Steps for Illegal Landlord Entry

If your landlord is entering without notice, at unreasonable times, or for an inappropriate purpose, notify the landlord in writing that you request proper notification before entry. If the person entering without notice is a resident manager or an off-site manager, but not the owner, send a copy of the letter to the person's supervisor or the actual owner of the property.

If unauthorized entry continues and makes you feel unsafe, call the police to file a report. In Madison, the police can issue a $600 fine for the first offense for unauthorized entry, and $1000 for the second, if you call and cite MGO 32.05(1)(e) & 1.08(3)(a) and let them know that the police have "bail deposit authority."

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Useful Phone Numbers

Do you still have more questions about Apartment Safety? If you can't find the answers you are looking for on our website, you may want to speak with a Housing Counselor or other staff at Tenant Resource Center. See our hours and locations here!

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If there is one thing we at Tenant Resource Center have learned about renting, it is to expect the unexpected!

There is a wide variety of problems that can occur over the course of your tenancy. Below, you'll find a collection of articles and blog posts about many common issues that tenants and landlords may experience in the midst of a rental agreement.

Not seeing the issue you are having above?

Try using the Search feature on our website, or check our other main pages on Your Rights below.

Looking to write a letter or fill out a form?

Check out our Sample Letters page for a complete list of template forms & letters, everything from roommate agreements to repair letters to sublet agreements. Below, you'll find some relevant letters for various problems that can occur during tenancy

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Still not finding answers to the issue you are facing?

You may want to speak with a Housing Counselor. See our Locations & Services to find one of our offices open near you!