Moving on the Isthmus is about to begin - not everyone moves on August 15th - but most do!  Here's some information you may need!

Moving day means that there are SO MANY WAYS to get rid of stuff around Madison, including things that you normally have to pay to get the city to dispose of (tv's, appliances). Here's a list of all the ways you can get all of it gone, as well as the other things (road closures, etc) you should be thinking about if you're moving this week.

Tenants moving in or out can avoid many expensive and stressful situations by following these 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.

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:

• Allowing 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), ATCP 134.08(1), CR 14-038, Sec. 11, Effective 11/1/15.
• Evicting in any other way besides by state law (see Eviction). Wis. Stat. 704.44(2m), 2011 Wis. Act 143, Sec. 26, Effective 3/31/12 and ATCP 134.08(2), CR 14-038, Sec. 11, Effective 11/1/15.
• Speeding up rent payments for breaking a rule in the lease. Wis. Stat. 704.44(3m), 2011 Wis. Act 143, Sec. 28, Effective 3/31/12 and ATCP 134.08(3), CR 14-038, Sec. 11, Effective 11/1/15.
• Waives the landlord's duty to mitigate damages under Wis. Stat. 704.29 if the tenant vacates early. Wis. Stat. 704.44(3m), 2011 Wis. Act 143, Sec. 28, Effective 3/31/12 and ATCP 134.08(3), CR 14-038, Sec. 11, Effective 11/1/15.
• Requiring tenant to pay landlord's attorney's fees or costs for defending their rights, unless the court awards them. Wis. Stat. 704.44(4m), 2011 Wis. Act 143, Sec. 30, Effective 3/31/12 and ATCP 134.08(4), CR 14-038, Sec. 11, Effective 11/1/15.
• Allowing the landlord to "confess judgment" or speak for you in court about any action or inaction related to the rental agreement. Wis. Stat. 704.44(5m), 2011 Wis. Act 143, Sec. 32, Effective 3/31/12 and ATCP 134.08(5), CR 14-038, Sec. 11, Effective 11/1/15.
• Excusing the landlord for liability for property damage or personal injury due to negligent acts or omissions by the landlord. Wis. Stat. 704.44(6), 2011 Wis. Act 143, Sec. 33, Effective 3/31/12 and ATCP 134.08(6), CR 14-038, Sec. 11, Effective 11/1/15.
• Imposing liability on the tenant for personal injury arising from causes beyond their control, property damage caused by natural disasters, or by persons other than the tenant or their guests. Wis. Stat. 704.44(7), 2011 Wis. Act 143, Sec. 34, Effective 3/31/12 and ATCP 134.08(7), CR 14-038, Sec. 11, Effective 11/1/15.
• Waiving responsibility for the landlord to provide premises in habitable condition or maintain the property. Wis. Stat. 704.44(8), 2011 Wis. Act 143, Sec. 35, Effective 3/31/12 and ATCP 134.08(8), CR 14-038, Sec. 11, Effective 11/1/15.
• 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 of that crime, as defined in Wis. Stat. 704.44(9) & 950.02(4), 2013 Wis. Act 76, Sec. 25, Effective for leases entered into or renewed on or after 3/1/14 and ATCP 134.08(3), CR 14-038, Sec. 11, Effective 11/1/15.
• 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 Wis. Stat. 704.14. See Notice of Domestic Abuse Protections Wis. Stat. 704.44(10), 2013 Wis. Act 76, Sec. 26, Effective for leases entered into or renewed on or after 3/1/14 and ATCP 134.08(3), CR 14-038, Sec. 11, Effective 11/1/15.

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.

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.

Moving Out of Your Old Place

Checking Out

• Try to schedule a check-out appointment with your landlord. If your landlord agrees to do this, make sure you leave with a signed copy of the check-out form. If the landlord notes things are dirty or damaged, you may offer to clean or fix them. Check-out forms are no longer required as of 12/21/2011, but they are still a good idea and a tenant should create one if the landlord doesn't provide one. Try to get the landlord to sign it agreeing to what the apartment looked like when you moved out. MGO 32.07(5)(a), Wis. Stat. 66.0104(2)(b) Effective 12/21/11.
• If your landlord refuses to go through the apartment with you, complete your own check-out form and take pictures or a video documenting the condition of the apartment. If you have a witness, have them sign your check-out sheet as well.
• If your landlord presents you with a check-out form that lists damages that you or your guests did not cause, do not sign it. Instead, complete your own check-out form with a witness and keep a copy. You should also take pictures or a video to prove the condition of the apartment.
• Put your forwarding address on the check-out form. Landlords are no longer required by law to include a place for this after 3/1/14, but it's still a good practice. MGO 32.07(7)(b), Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2
• Mail your check-out form to the landlord with a letter saying that you performed your own check-out. Make sure to keep a copy for yourself! Information about putting things in writing is available here.
• Don't "abandon" property! 2011 Wis. Act 143 lets the landlord write it into your lease that they may declare your property "abandoned" and sell or throw out any property you leave behind (except prescription medication and medical equipment, which must be returned upon request within 7 days). Wis. Stat. 704.05, 2011 Wis. Act 143, Sec. 5-15 Effective 3/31/12.

Getting Your Security Deposit Back

• Your landlord must return your security deposit and/or a written, itemized list of deductions within 21 days from the date your lease ends. ATCP 134.06(2)(a) Under the new laws, the landlord can do this in an e-mail or text message. Wis. Stat. 704.10(2), 2017 Wis. Act 317, Sec. 42, Effective 4/18/18.
• Landlords may only deduct from the security deposit for damage beyond normal wear and tear and unpaid rent and utilities. ATCP 134.06(3)(a)

Carpet Cleaning

It is illegal (and a prohibited provision in the City of Madison) to charge for routine carpet cleaning or deduct for it from the security deposit even if your lease states you must pay for carpet cleaning. The only exception is if you damaged the carpet beyond "normal wear and tear." If your landlord deducted money from your security deposit or is asking you to pay for routine carpet cleaning, inform them in writing that it is illegal. If your money is not returned, file a complaint with Consumer Protection (608) 224-4953 or (800) 422-7128. You can also file a complaint with the City Attorney at (608) 266-4511 in the City of Madison. ATCP 134.06(3)(c), MGO 32.11(9)

A new note in ATCP 134.06(3)(c) makes it clear that even though a landlord is allowed to write a lease saying the tenant has to pay for routine carpet cleaning, they may not take this out of the security deposit. Any carpet cleaning charges they collect in advance must be treated as part of a security deposit, which must be subject to a refund. Deductions cannot include "normal wear and tear." Essentially, a landlord would have to sue a tenant as a separate matter if they did not pay for routine carpet cleaning required by the lease. CR 14-038, Sec. 10, Effective. 11/1/15.

Dealing with Landlord Deductions and Violations

If the landlord violates any security deposit laws, you may:

Write a Letter to Your Landlord

Include any of the following that apply:

• A description of the violation of the 21-day limit for the return of your security deposit
• A description of each deduction that you disagree with, and a brief explanation of why
• A request for receipts to make sure that the landlord really made the repairs. This is no longer required by law, but you can still request it. MGO 32.07(7)(b), Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2 Effective 3/01/14
• Specific mention of the law or laws that have been violated
• An explanation that you could take further action, including small claims court for double the amount wrongfully withheld, plus court costs and reasonable attorney's fees. MGO 32.07(10), Wis. Stat. 66.0104(2)(b) Effective 12/21/2011
• A reasonable deadline for the landlord to return the total deposit (such as five days, one week, etc.).

Be sure to keep a copy of the letter for your records!

File a Complaint with Consumer Protection

You can easily file a complaint with the Department of Agriculture, Trade and Consumer Protection. They keep complaint records and will contact the landlord about the violation. To get a complaint form, call (608) 224-4953 or (800) 422-7128 or fill one out online.

Sue in Small Claims Court

After the deadline in your letter expires, if the landlord doesn't respond, you may sue your landlord in small claims court for double what was wrongfully withheld, plus court costs and reasonable attorney's fees. MGO 32.07(10), Wis. Stat. 66.0104(2)(b) Effective 12/21/2011

To sue your landlord, go in person to your county courthouse and file a "summons and complaint." The fee is $94.50 (waivers available if you are low income) and the landlord will have to pay you for this if you win. The landlord may decide to not contest your suit, to settle with you, or to countersue. More information about Small Claims Court is available here. 

In Dane County, you must go to Small Claims Court in the Dane County Court House at 215 S Hamilton St., Room L1007. When you get there you will be required to go through Weapons Screening. You will have to pass through a metal detector and all items will be sent through an X-Ray machine. The whole process is very similar to the security screening at an airport, so please plan accordingly. Once there, go to the basement, past the cafeteria, to Room L1007 (the Legal Resource Center) for the forms you need.

Moving Into Your New Place

Checking In

Fill out the check-in form from your landlord. Your landlord is required to notify you, in writing, that you have seven days to report any pre-existing damages or defects. If the landlord fails to do so, it will be very difficult for them to prove the condition of the apartment if they try to make deductions from your security deposit. Wis. Stat. 704.08, Wis. Act 143, Sec. 18. Landlords were required to complete their copy of the check-in form between 3/31/12 and 2/28/14. Wis. Stat. 704.08, 2011 Wis. Act 143, Sec. 18, 2013 Wis. Act 76, Sec. 13

If you didn't receive a check-in sheet, make your own or get one from the Tenant Resource Center. 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. Note problems such as stained carpets or damaged floors; cracked windows; torn or missing screens; nail holes; cracked paint; peeling wallpaper; dirty fixtures or appliances; stained walls and ceilings; plumbing, sinks, bathtubs and tiles that are worn, dirty, mildewed or not working properly; missing light bulbs, ice cube trays, broiler pans or glass light covers; electrical outlets or other items that do not work (light switches, stove burners, oven coils, etc.) and stained, scratched, or otherwise damaged countertops.

Before accepting any money, your landlord is required to notify you in writing that you may request a list of physical damages or defects, if any, that were charged to the previous tenant's security deposit. The landlord may require the tenant to make this request in writing. If the tenant requests a list, the landlord must provide it within 30 days or within 7 days of returning the security deposit, whichever is sooner.

Photograph or videotape the apartment upon move-in, being especially careful to document all damage and/or have a witness go through the apartment with you.

Make a copy of the completed check-in form for yourself and give the original to your landlord.

Start a rental file. Keep everything you get from the landlord, as well as copies of any written documents you send to the landlord and a log of any calls or visits with the landlord, including the date and time, the person you spoke with, and what you talked about. This way, if you ever end up in court or need to cite dates, you'll have clear documentation.

Dealing with a 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 the amount of the rent discount or any agreement for the landlord to pay wages per hour or cleaning supplies, and save your receipts. Consider negotiating a flat rate with the landlord to avoid arguing over the hours worked or amount paid for cleaning supplies.

If the landlord refuses to have the apartment cleaned or to pay you for the cleaning and the apartment is very dirty (moldy, animal feces), call your Building Inspector (for City of Madison residents, call (608) 266-4551).

For ongoing repair issues, see Repairs in the City of Madison.

Filling Out a Roommate Agreement

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 fill out a roommate agreement. Often, just having this important conversation when things are still going well helps you prevent future problems! In case of disagreements (like 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.

Sample roommate agreements are available at our office or on our website.

Living in Your Apartment

Safety and Security

• Door locks, chains, and deadbolts. Always lock your doors, even when you are home. Don't make your apartment and yourself easy targets for intruders by propping your door open or leaving it unlocked for friends or roommates. Always use your deadbolt and if you don't have one at least an inch long, request that your landlord install one. MGO 27.05(2)(h)
• Security-locked entrances. Controlled-access buildings are only secure if the common doors remain closed and locked when not in use. Remember, if you prop them open, you are compromising the safety of the whole building.
• Sliding doors. Unsecured sliding doors are a common target for break-ins. Be sure to use your patio door lock, plus a secondary locking device such as a stick in the sliding track to prevent the door from opening.
• 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. MGO 27.05(2)(h)
• Window coverings. Keep your curtains or blinds closed if you are away from home for a long period of time. Open window coverings make it easy for an intruder to see that you are either not home, or home alone.
• Window and ventilation locks. All first floor and second floor windows 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. MGO 27.05(2)(h)
• Parking lot lighting. Parking lots for more than three cars must have lighting. MGO 27.04(2)(g)
• Common area lighting. Be sure hallways and basements have adequate lighting. If bulbs are burned out, notify the landlord right away. Common area lighting is required by MGO 27.04(2)(g) & (h)
• Getting repairs completed. In most instances, the above-mentioned security measures are required by local building codes. Always notify the landlord if repairs are needed. If the landlord does not respond, call the City of Madison Building Inspector at (608) 266-4551
• Keys. Never label your keys or key chain with your house or unit number. If you lose them, your apartment will be at risk. Landlords are not obligated to change the locks between tenants except in special circumstances, but if you'd like the locks rekeyed and the landlord does not want to do it, you could offer to pay for the rekeying. You can ask your landlord for extra sets of keys, but you may be required to pay a small deposit.

Dealing with Problems

• Repairs and pests. If something needs fixing, contact your landlord, either in writing or with a written follow up. Based on how urgent it is, give a deadline for completion. Keep a copy for yourself for documentation. If your landlord still doesn't fix the problem, call the building inspector, or follow up again (in writing) informing them that you are going to call building inspection. 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 (refund). Do not start withholding rent on your own or you may be evicted! You must complete the rent abatement process with the building inspector's office before you can deduct from your rent. If you caused the damage through your 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. 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. Wis. Stat. 704.07(3)(a), 2013 Wis. Act 76, Sec. 12, Effective 3/1/14.
• Emergencies. If your landlord doesn't respond and there is an emergency such as no heat, water, or electricity, calling the building inspector may be the first step (for City of Madison residents, call (608) 266-4551). You may have to make arrangements to stay elsewhere and try to fix part of the problem yourself (such as shutting off the main water valve). Building inspectors do not do repairs; they just order the landlord to do so.
• Landlord Entry. If your landlord enters without a 12-hour notice, you should write them a letter citing the dates of illegal entry as well as the law prohibiting it. If it continues, call (608) 224-4953 or (800) 422-7128 to file a complaint with Consumer Protection which will send a written warning to the landlord. You can also call your local police non-emergency number if you're home when the landlord tries to enter illegally (for City of Madison residents, call (608) 255-2345). For more information, see our Landlord Entry page. MGO 32.05(1)(d) & (e), ATCP 134.09(2), Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2, Wis. Stat. 66.0104(2)(a)4
• 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, call the Tenant Resource Center for more information, see our Retaliation Page, and make sure to start by putting things in writing.

Your Next Apartment

Reasons Not to Sign a New Lease Early

• 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.
• Potential apartment problems. After living in your apartment for a while, you may find major problems, such as a bad heating system or a basement that floods in the springtime. If you renew early, you'll be stuck there for a second year.
• Unknown future plans. You may find a great opportunity for study abroad or an internship, but if you've already signed a lease, you might get stuck paying rent while you're away. 
• Lower rent. Many landlords reduce rent prices as it gets closer to summer and they worry that their apartment might not get rented by August.

Once you sign a lease, you're stuck. Unless your landlord put illegal provisions in your lease or other special circumstances apply, you can't break a lease without consequences. There is no "3-day grace period," no medical excuse, no school transfer exception, etc. Although the landlord must attempt to re-rent the apartment after you leave, they can charge you for all expenses (except 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. See Ending a Lease for more information.

This page contains everything you need to know about your rights when Finding Housing in Wisconsin. Looking for something specific? Use the links below to navigate to specific information found on this page and elsewhere on our website.

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.

Check with 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.) .

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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.

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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.

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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. 

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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

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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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Do you still have more questions about Finding Housing? 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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