← Back to Repairs.

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.

Applicable Laws

Mobile homes (also called manufactured homes) and their lots can be set up for rental and ownership in different ways. The applicable laws and regulations depend on the set-up. 

If the mobile home is in Madison, Madison General Ordinances (MGO) 9.23 also applies. Madison’s ordinance largely mirrors state law but there are a few differences that are noted here. 

If you are not sure if your mobile home park is in Dane County or in Madison city limits, you can check your address using Access Dane. Due to funding restrictions, TRC is only able to respond to questions if your housing is in Dane County. 

Definitions

Under Wisconsin law (ATCP 125.01):

• “Manufactured home” = 
  • structure designed to be used as a dwelling with or without a permanent foundation and is HUD certified as a manufactured home, OR 
  • a unit designed to be towed or transported and used a residential dwelling, but does not include a unit used primarily for camping, touring, or recreational purposes
• “Manufactured home community” = any tract of land containing 2 or more sites for a mobile home
• “Site” = any plot of land rented for accommodation of a manufactured home used for residential purposes
  • Does not include lots rented on a strictly seasonal basis or lots owned by the operator and occupied as their residence 

Under Madison ordinances (MGO 9.23(1)):

• “Mobile home” = any vehicle or structure intended for or capable of human habitation, or, designed primarily for sleeping purposes, mounted on wheels or jacks, and/or capable of being moved from place to place
• “Mobile home park” = any park, court, parcel, or tract of land designed, maintained, intended, or used for the purpose of supplying a location or accommodations for 1 or more sites for a mobile home
• “Site” = same as Wisconsin law

Mobile home tenants and operators (landlords) have many of the same rights and responsibilities that apply to a rented apartment or house. But there are additional protections for mobile home tenants because of the money generally required to purchase the mobile and to attach it to the lot. 

Lease Requirements

Wisconsin law (ATCP 125.03) includes many requirements for mobile home and mobile home lot rental agreements. 

• Lease must be in writing
• If the tenant is also purchasing a mobile home from the operator, the lease must be given to the tenant before signing the home purchase contract
• Lease must be for at least a year, unless tenant requests a shorter period
• Lease must include:
  • Amount of rent 
  • What tenant receives for the rent 
  • Security deposit and any other charges not included in the rent, including utilities
    • The exact method for calculating utility charges must be included
    • ATCP 125.04(3) includes detailed information about charges for utility services, e.g. that charges for utilities that are not included in the rent must be based on the amount of the utility service used by the tenant
  • Community rules
  • Lot size and location 
  • Parking fees
  • Fees and approximate due dates of government-assessed fees, including those for waste and recycling
  • Notice that operator reserves right to screen purchasers of the home
  • Information about emergency shelter 
    • It is not required that the operator provides or has access to an emergency shelter

NOTE: Under ATCP 125.08(1), if the lease does not comply with the above requirements (under ATCP 125.03(1) and (2)), the operator must comply with the notice requirements under Wis. Stat. 704.17(2) when terminating a lease unless the operator or tenant proves that other notice requirements under Wis. Stat. 704.17(1p) or (3) apply. 

In addition, the operator must provide to tenants contact information for maintenance and services (ATCP 125.03).

Under MGO 9.23(4)(c), mobile home parks must have an office and the office must post MGO 9.23 and keep a register of park occupants at all times. 

Renewals and Changes to the Lease

Under ATCP 125.05, operators are required to follow certain rules for renewals and are limited in the changes that can be made to a lease. 

Renewals

Operators must notify a tenant at least 28 days in advance of a renewal of any change in rent, fees, or other “substantial change” in the terms or conditions of the lease. Any substantial changes must be specifically noted in a separate document. 

Substantial Changes During a Lease

During a lease, operators cannot change rules that “substantially affect the rights or duties of tenants or the operator.” This includes rules on: 

• sheds
• occupancy limits
• parking
• pets
• overnight guests
• repairs and maintenance requirements
• tenant and operator rights and responsibilities
• outdoor antenna and satellite dishes

Other Changes During a Lease

Operators can make other, non-substantial changes to community rules during the term of a lease if they provide at least 28 days notice and an opportunity to meet with the operator before the new rule takes effect. Notice must be given in person or by mail. 

General Prohibitions

Mobile home operators may not:

• Charge entrance or exit fees to move in or out of the community (ATCP 125.04(1))
  • operators may charge for moving the home if the operator offers that service 
• Restrict who the tenant may hire for work at or on the mobile home (ATCP 125.04(2))
  • this prohibition generally does not apply to utilities, installing or removing the home, snow removal, lawn care, or similar types of maintenance
• Tie rental of a lot to specific requirements, including purchasing a home from the operator (ATCP 125.02)
• Require the tenant to relocate their home during the term of a lease or to pay for the cost of a required relocation under a new or renewed lease, except in an emergency or if a tenant violated lease or if tenant has vacated the home (ATCP 125.07)
  • Except in the case of an emergency, operators must provide written notice of a required relocation, including the reason for the relocation, in compliance with termination of lease requirements in Wis. Stat. ch. 704
  • This prohibition on relocation does not apply to vacated homes
• Lie or mislead to convince a renter to purchase, sign a lease, etc. or make representations inconsistent with the written lease (ATCP 125.09)
• Impose conditions or rules the operator knows (or reasonably should know) is against the law (ATCP 125.09)
• Require tenant to pay for or make permanent improvements to the community (ATCP 125.09)
• Enter tenant’s home without tenant’s permission and reasonable advance notice, unless it is an emergency and the tenant cannot be reached (ATCP 125.09)
• Consider the age of a home when deciding whether to lease, renew a lease, remove a home, or other similar decisions (Wis. Stat. 710.15(3), ATCP 125.06)
  • In Madison, unlawful consideration of a mobile home’s age includes requiring a tenant to alter in any way the home if the home is otherwise in good condition, or requiring a tenant to alter in any way a home that is older than 5 years if the home is otherwise in good condition
• Require removal of a home solely or in part because ownership or occupancy has or will change (Wis. Stat. 710.15(4), ATCP 125.06)
• Require tenant to designate a particular person (including the operator) as agent for the sale, or otherwise impose unreasonable restrictions on the sale of the mobile home (ATCP 125.06)
• Ask for or receive payment or anything of value as a condition of a transfer of ownership or sublease (ATCP 125.06)
• Prohibit tenant from selling a home for placement in the community then turn around and buy the home to sell it for placement in the community (ATCP 125.06)
• Refuse to rent a site to a home purchaser except for a valid reason under 710.15(5m) (ATCP 125.06)
• Restrict advertising for the sale of a home unless the same restrictions are imposed on all sales including the operator’s (ATCP 125.06)

In addition, under MGO 9.23(6), operators may not:

• Restrict the type of material used for mobile home steps or AC, unless required by law or included in all leases and a part of the original lease 
• Require removal of a permanently attached towing tongue
• Require removal of any types of vehicle (including) that were previously permitted under a lease, unless other parking is provided at no charge

Lease Termination and Non-Renewal 

Under ATCP 125.08 and Wis. Stat. 710.15(5m), leases can be terminated or renewal denied only if the reason is provided in writing and for “good cause.” Good cause includes:

• Nonpayment of rent or other breach of the lease
• Disorderly conduct or conduct endangering health or safety of others in the community
• Vandalism or waste 
• Violation of community rules that endangers health or safety of others or disrupts the right to the peaceful enjoyment of the premises, but only after written notice has been provided to the tenant of the violation 
• Violation of a law relating to mobile homes, but only after written notice has been provided to the tenant of the violation
• The community will be permanently taken off the rental market
• Condition of home endangers health or safety of occupants or others in the community
• Tenant provided false information in their rental application about something important to the application (a “material misrepresentation”) 
• “Other good cause” 

A lease can also be terminated due to imminent threat of serious physical harm as defined in Wis. Stat. 704.16 (Wis. Stat. 710.15(5t)). 

Operators must follow the 5-day and 14-day notice requirements in Wis. Stat. 704.17 (Wis. Stat. 710.15(5r)).

Operators may not retaliate against a tenant for any of the reasons in Wis. Stat. 704.45. In addition, under ATCP 125.08, operators may not terminate a lease, refuse to renew a lease, or refuse to enter into a lease with a tenant because:

• tenant reported a legal violation to authorities, 
• tenant is a member of a tenant union or association, or 
• operator wants to rent the site to someone who will buy a home from the operator.