Finding Housing
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.) .
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.
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!
Apartment Safety
This page contains a collection of information on your rights regarding apartment safety in Wisconsin. Looking for something specific? Use the guide below to navigate to topics found on this page and throughout our website.
Practical Safety Tips
- Check Out the Area Before You Rent: Call your police department to inquire about the area. Some police departments are more or less able or willing to share information. If possible, walk around and talk with current residents about any safety concerns they have and their relationship with the local officers. MADISON ONLY: Call the City of Madison Police Department's non-emergency number at (608) 255-2345 and ask to speak with the area's neighborhood police officer or community police officer, if there is one.
- Window Locks and Ventilation Locks: Always lock your windows. All first floor windows or windows accessible by a platform or fire escape are required to have both regular locks (which do not allow the window to open at all) and ventilation locks (which allow the window to open a few inches for ventilation but not wide enough to allow entry). These locks, when installed and used properly, will not allow entry without breaking glass. If locks are missing or don't work, request repairs. If the landlord won't make them, do not hesitate to call City of Madison Building Inspection at (608) 266-4551 or do an internet search for an inspector in your area (our list of statewide building inspectors is on the Repairs in Wisconsin page).
- Door Locks, Door Chains, and Dead Bolts: Always lock your dead bolt when you leave and when you're home. The dead bolt should be at least an inch long. Do not prop open the door to your apartment or apartment building.
- Security Locked (Controlled Access) Entrances: Controlled access buildings are only secure if the common doors remain closed and locked when not in use. Do not prop them open or give out the code to the keypad. You could compromise the safety of the whole building.
- Sliding Door Locks & Secondary Security Devices: Unsecured sliding doors are a common target for unauthorized entry. Be sure your patio door locks securely when closed. A secondary locking device such as a stick can be placed in the sliding track to prevent the door from opening and can allow for a small opening to let in fresh air, while remaining safe.
- Window Coverings: Keep your curtains or blinds closed if you are away from home for an extended period of time. Do not assume that the window coverings are included with the apartment. If window coverings are not provided, ask the landlord if they will provide them.
- Door Viewer: Always use your door viewer before you open your door for someone. If the door viewer is broken or not provided, notify the landlord immediately.
- Common Area Lighting: Be sure common areas have adequate lighting. If bulbs are burned out or if lights on an automatic timer are not turning on when it is dark, notify the landlord right away.
- Key Use Policy: Never label your keys or key chain with your house or unit number. If you lose your keys, your residence will be at risk. If you need extra sets of keys, ask the landlord. You may be required to pay a small deposit for extra keys. If the locks were not re-keyed before you moved in, you may ask the landlord to do so. You may have to pay this expense yourself, however, as the landlord is not obligated to change the locks between tenants except in special circumstances.
Smoke Detectors
Landlord Responsibility:
State law requires the owner or manager of a unit to provide a working smoke detector on each floor including the basement. Wis. Stat. 101.145(4). If a tenant gives written notice to the owner or manager that the smoke detector is not functional, the landlord must take action within five days to make the smoke detector functional. Wis. Stat. 101.145(3)(c).
Tenant Responsibility:
The tenant must maintain the smoke detector (e.g. by providing batteries) and give written notice if it is not working properly. Wis. Stat. 101.145(4), Wis. Stat. 101.145(3)(c)
MADISON ONLY: All residential rental properties within the City of Madison shall have smoke alarms in place which are either a hardwired smoke alarm with a battery backup or a smoke alarm powered by a non-replaceable, non-removable battery capable of powering the smoke alarm for a minimum of ten years. Such smoke alarms must be installed in the following areas:
- In each bedroom;
- In each sleeping area;
- Within six feet of each door leading to a bedroom or sleeping area of each unit; and,
- On each floor of the building.
Carbon Monoxide Detectors
Wisconsin law requires carbon monoxide detectors to be installed and maintained in all new and most existing residential buildings. Wis. Stat. 101.149. Local building and fire inspectors are authorized to inspect for these detectors at the same time as they would inspect for smoke detectors. The Madison Fire Department maintains information about what is required. See the Wisconsin Department of Safety and Professional Services website for more information on carbon monoxide and smoke alarms. 2007 Wis. Act 205, 2009 Wis. Act 158
Required Landlord Disclosures
Before renting, the landlord must tell the tenant about uncorrected building code violations affecting leased areas or common areas that they have actual knowledge of and which present a significant threat to the prospective tenant's health or safety. (For more information, see Preparing to Rent.) Wis. Stat. 704.07(2)(bm), 2011 Wis. Act 143, Sec. 16 & 17. Eff. 3/31/12. ATCP 134.04(2)(a), CR 14-038, Sec. 3. Eff. 11/1/15.
Landlords must also tell prospective tenants about any "conditions affecting habitability" which they know about, or could know about based on a reasonable inspection, whether or not there is a report from building inspection. These conditions include:
- Lack of hot or cold running water;
- Heating system that can't reach 67 degrees Fahrenheit all year round;
- No electricity, plumbing, or sewage systems (or systems that are unsafe or not in good operating condition);
- Any structural or other conditions that could be a health and safety risk. ATCP 134.04(2)(b)
E-mail or Text Communication for Promises to Repair
If it is written into the lease, the landlord can “provide and indicate agreement” by other electronic communication (email, text, fax) for any promises to clean, repair or improve the premises prior to entering into the rental agreement. Stat. 704.10(3), 2017 Wis. Act 317, Sec. 42. Eff. for rental agreements made or renewed on or after 4/18/18. 2017 Wis. Act 317, Sec. 56.
Repair Action Steps for Tenants
1. Fill out Check-In Form
Note needed repairs on your check-in form. For more information on the move-in process, see our pages on About Security Deposits and Preparing to Rent. Additionally, inspect your apartment for the following safety features:
- Security-locked entrances to common areas
- Dead bolts/sliding door locks and window locks
- Lighting in common areas
- Door viewer
- Smoke detectors and carbon monoxide detectors
2. Contact the Landlord to Request Repairs
Even if you listed security repairs on your check-in form, put repair requests in writing to your landlord, reminding them that it is a safety issue. Date the request and keep a copy of it for your own records. Many landlords do not use the check-in sheet as a notification of needed repairs. Instead, they promptly file the check-in sheet and don't look at it until the end of the tenancy. For additional information, see Repairs in Madison and Fitchburg or Repairs in Wisconsin.
3. Document Needed Repairs
Document the security repairs that are needed by taking pictures and keeping a log of actions you take, like contacting the landlord and calling Building Inspection. Make sure the log includes the date and time you called, the person you talked to, and a brief summary of what you talked about including the requests or promises made to complete the repair.
4. Call Building Inspection
In most instances, the security measures listed in this brochure are required by the City of Madison building code. Other areas of the state likely have similar codes if there is a Building Inspector. If your landlord does not respond to your repair requests, notify Building Inspection. City of Madison: 608-266-4551.
5. Changing the Locks in an Emergency
Tenants in Wisconsin can ask the landlord to change their locks and they are required to do so under the Safe Housing Act. (See next section.)
Madison ONLY: In an emergency, where the rental premises or the health and safety of the tenant are at risk, the tenant may change or re-key the locks without prior permission of the landlord. This is the only situation where a tenant may do this. The tenant needs to give the landlord a key within 48 hours or as soon as possible, and the landlord has the right to replace the altered lock. The landlord does not need to reimburse the tenant for the cost of changing the locks. MGO 32.05(2)
Safe Housing Act
The Safe Housing Act says that under certain circumstances, a tenant may terminate their lease or have the landlord terminate another tenant's lease if there is an imminent threat to their safety. They can request the landlord change their locks and the landlord must do so if the tenant has proper documentation. The law allows victims of domestic violence, sexual assault, stalking, or child abuse to terminate a tenancy if they or their child(ren) are 1) in imminent physical danger AND 2) have an accepted form of documentation of the threat. These include a permanent injunction (restraining order), criminal complaint, or condition of release from prison or jail prohibiting contact with the tenant or their child(ren).
This law allows the victim to give written notice ending a year-long tenancy as though it were a month-to-month tenancy (written 28-day notice). For more information see Ending Your Lease. The law also allows landlords to evict the tenant who is named in the injunction or court order as the person committing the abuse, assault, or stalking. This law is very detailed about the types of circumstances that allow a tenancy to be terminated, so please refer directly to the law for more information, and seek legal assistance if necessary. Wis. Stat. 704.16, 2007 Wis. Act 184
In Dane County: Domestic Abuse Intervention Services (DAIS) can provide counseling and free legal advocacy for tenants in Dane County who are the victim of domestic or child abuse, sexual assault, or stalking. DAIS can assist tenants in obtaining the necessary injunctions to terminate their leases, and assist with the termination itself. They also provide other support, resources, and safety counseling. In Dane County call 608-251-4445; or 800-747-4045
Outside Dane County: Contact your local domestic abuse agency.
Calling Police: Lease Provisions May Void Your Lease Agreement
In some neighborhoods landlords are under pressure from the police and neighbors to cut down on police calls. Landlords may be threatened with violations of the Chronic Nuisance Ordinance if there are too many police calls. This has caused many landlords to put potentially illegal clauses in their leases. MGO 25.09, Wis. Stat. 704.44. ATCP violation effective 11/1/15. ATCP 134.08
Wisconsin law says that a rental agreement is "void and unenforceable" if it allows a landlord to increase rent, decrease services, bring an action for eviction, refuse to renew, or to threaten any of these actions because a tenant has contacted law enforcement or emergency services for their safety. Wis. Stat. 704.44. ATCP violation effective 11/1/15. ATCP 134.08
There have been several changes to the law about what language in a lease would make it illegal. The entire lease could be void and unenforceable if these clauses were in the lease. The following language may make the lease void and unenforceable:
- Language that would allow the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property, if the tenant, or someone who lawfully resides with the tenant, is the victim of that crime, as defined in Wis. Stat. 950.02(4). Wis. Stat. 704.44(9), 2013 Wis. Act 76, Sec. 25. Effective for leases entered into or renewed on or after 3/1/14. ATCP violation effective 11/1/15. ATCP 134.08 (9)
- Language that would allowthe landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the Notice of Domestic Abuse Protections required under Wis Stat. 704.14. Wis. Stat. 704.44(10), 2013 Wis. Act 76, Sec. 26. Effective for leases entered into or renewed on or after 3/1/14. ATCP violation effective 11/1/15. ATCP 134.08(10)
ATCP 134.08 adds the followingf to the list of "prohibited provisions" which make the entire rental agreement void and unenforceable" (if the tenant so chooses). These rules are also still unenforceable, if the tenant wants to stay in the contract.
- Lease provisions which allow retaliatory acts due to calls for law enforcement, health or safety services. ATCP 134.08(1),
- Lease provisions which allow a landlord to evict a victim of a crime, because of that crime. ATCP 134.08(9), and
- Leases which have rules against crime that do not include a notice of domestic violence protections. ATCP 134.08(10), CR 14-038, Sec. 11. Eff. 11/1/15.
Furthermore:
The following language must be provided in every lease or in an addendum to the lease entered into or renewed after 3/1/14: Wis. Stat. 704.14, 2013 Wis. Act 76, Sec. 14
"NOTICE OF DOMESTIC ABUSE PROTECTIONS
(1) As provided in section of 106.50(5m)(dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following:
(a) A person who was not the tenant's invited guest.
(b) A person who was the tenant's invited guest, but the tenant has done either of the following:
- Sought an injunction barring the person from the premises.
- Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant's guest.
(2) A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes. If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency.
(3) A tenant is advised that this notice is only a summary of the tenant's rights and the specific language of the statutes governs in all instances."
Tenants should not be afraid of being evicted for calling the police or emergency services for their own protection or because there is criminal activity in the building or on the property.
New Risk of Eviction for Suspected "Drug-Related" and Other Criminal Activity
As of 3/2/16, landlords can serve a 5-day eviction notice that does not give the tenant a chance to fix or "cure" the problem if they suspect that the tenant, a member of their household, or any guests or invitees, have engaged in:
- Criminal activity that threatens the health or safety of other tenants, people residing in the “immediate vicinity” of the premises, or the landlord or their agent or employee;
- Criminal activity that threatens the right to peaceful enjoyment of other tenants or people residing in the “immediate vicinity” of the premises; or
- “Drug-related criminal activity” on or near the premises. Wis. Stat. 704.17(3m)(b), 2015 Wis. Act 176, Section 25
“Drug-related criminal activity” is the manufacturing or distribution of a controlled substance that is not prescribed by a doctor for medical use by a disabled person. The disabled person can manufacture, use or possess this controlled substance and it can be in the possession of their personal care giver or worker. Wis. Stat. 704.17(3m)(a)1. & 2., 2015 Wis. Act 176, Section 25
The 5-day no cure notice must:
-
- Require the tenant to vacate on or before a date at least 5 days after the giving of the notice,
- State the reason for eviction,
- Include:
- A description of the criminal activity or “drug-related criminal activity”,
- The date it took place,
- The identity or description of the individual(s) who engaged in the activity,
- Advise tenant she/he may seek assistance of legal counsel, a volunteer legal clinic, or “a tenant resource center”, and
- State that the tenant has the right to contest the allegations in the notice before a court commissioner or judge if an eviction is filed. Wis. Stat. 704.17(3m)(b)1., 2015 Wis. Act 176, Section 25
If the tenant contests the eviction, the tenancy may not be terminated without proof by the landlord by the greater preponderance of the credible evidence of the allegations. Wis. Stat. 704.17(3m)(b)1., 2015 Wis. Act 176, Section 25
The person engaging in the alleged criminal activity or “drug-related criminal activity” does not have to have been arrested or convicted for this activity in order for the landlord to issue a 5-day no-cure notice for a crime. Wis. Stat. 704.17(3m)(b)2., 2015 Wis. Act 176, Section 25
It clarifies that month-to-month tenancies and tenancies-at-will can be terminated, before the end of the rental period, for criminal or “drug-related criminal activity.” Wis. Stat. 704.19(2)(b)2., 2015 Wis. Act 176, Section 28
This process cannot be used against the person who was the victim of the crime. Wis. Stat. 704.17(3m)(c), 2015 Wis. Act 176, Section 25
For important information about these notices, please see our page on Eviction!
If leases contain processes that conflict with this law, the lease provisions are invalid unless it is a lease longer than a year. Wis. Stat. 704.17(5)(a) & (b), 2015 Wis. Act 176, Section 26 & 27
Landlord Entry
Notice Required for Landlord Entry
Wisconsin landlords cannot enter an apartment unless they give at least a 12-hour notice to the tenant, and it must be to make repairs, inspect, or show the unit for rental or sale. Notice may be verbal (including leaving a message) or in writing. There is no requirement that the tenant actually receive that notice (for example, during an extended absence). ATCP 134.09(2). In an emergency, or if the tenant waives the notice requirement on a case-by-case basis, the 12-hour notice is not required. Suspected lease violations, such as a party or an unauthorized pet, are NOT reasons to enter without notice. See Landlord Entry for more information. Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2. Eff. 3/01/2014.
If it is written into the lease, the landlord can “provide and indicate agreement” by other electronic communication (email, text, fax) for any notice to enter to repair, inspect, or show the unit. Wis. Stat. 704.10(4), 2017 Wis. Act 317, Sec. 42. Eff. for rental agreements made or renewed on or after 4/18/18. 2017 Wis. Act 317, Sec. 56.
Action Steps for Illegal Landlord Entry
If your landlord is entering without notice, at unreasonable times, or for an inappropriate purpose, notify the landlord in writing that you request proper notification before entry. If the person entering without notice is a resident manager or an off-site manager, but not the owner, send a copy of the letter to the person's supervisor or the actual owner of the property.
If unauthorized entry continues and makes you feel unsafe, call the police to file a report. In Madison, the police can issue a $600 fine for the first offense for unauthorized entry, and $1000 for the second, if you call and cite MGO 32.05(1)(e) & 1.08(3)(a) and let them know that the police have "bail deposit authority."
Useful Phone Numbers
| Service | Phone Number |
| City of Madison Non-Emergency Police Dispatch | (608) 266-4275 |
| Madison Gas & Electric Emergency Number | (800) 245-1123 |
| City of Madison Building Inspector | (608) 256-4551 |
Do you still have more questions about Apartment Safety? If you can't find the answers you are looking for on our website, you may want to speak with a Housing Counselor or other staff at Tenant Resource Center. See our hours and locations here!