When a refrigerator quits working, it can create costly and time-consuming issues.

Landlords are required to maintain and repair appliances that are supplied with the rented home. Wis. Stat. 704.07(2)(a)2. It is important for tenants to let their landlord know about any problems with their fridge (or other appliances) as soon as possible. Repair requests or concerns should be made in writing or you can write an email or letter to your landlord after the conversation to document what you discussed. Other steps for a repair are outlined here.  

If the fridge quits working, tenants can talk to their landlord about next steps and if any options are available. For example, could the landlord bring in a mini-fridge or is there a fridge in a vacant unit that can be moved? This should also be in writing!

Also, tenants should keep track of their extra expenses caused by the fridge not working, such as buying new food or a mini-fridge to prevent food from spoiling.

If the tenant has renter’s insurance, it may cover the replacement costs of the food lost.

If the landlord refuses to compensate the tenant or make repairs, another option may be file an action in small claims court.

Many problems people encounter while renting could be resolved with effective communication. Of course, there are other options if a conversation isn't successful, but sometimes trying it is a good place to start. Many enforcement agencies (such as building inspection departments and DATCP) ask if you have attempted to resolve the situation amongst yourselves and it is helpful to have documents to demonstrate the negotiations you have attempted.

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

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

Landlord Notice Requirements

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

Announce and Identify

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

Exceptions to Advance Notice

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

Mobile Homes/Manufactured Homes

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

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

Tenant Action if Landlord Enters Without Proper Notice

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

Landlord Entry Facts 

 People are often surprised to discover these facts:

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

Tips for Landlords:

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

Tips for Tenants:

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

Here are two examples of landlord entry disputes:

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

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

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

This page provides general information on what options you have when you're behind on rent. For more detailed information about your rental rights and responsibilities, visit our Your Rights page. 

Step 1: Communicate With Your Landlord

At this point in the process, you may or may not have received an eviction notice giving you a deadline to pay the back-owed rent. In any case, you may want to consider keeping your landlord informed about your circumstances and next steps in addressing the back-owed balance. By now, most landlords in Dane County are familiar with the rental assistance programs in the area, but you may have to inform them of the programs you're applying for, keep them posted as you get information about your applications, or ask them for documents. Keeping your landlord informed of your circumstances can help prevent miscommunications and help keep your situation out of Eviction Court.

Whenever you communicate with your landlord, you should do so in writing and keep copies of the letters for yourself.

Sample Letters & Forms

Step 2: Apply for Assistance

There are several different types of assistance programs in Dane County; though most have very limited resources and have restrictions.

TRC's very own Eviction Prevention Coordinated Entry Screening is the first step residents of Dane County should take if they are being evicted or at risk of being evicted. Through this intake system, TRC’s staff - who manage the Eviction Diversion & Defense Partnership (EDDP) - will determine a potential client’s eligibility for rental & utility assistance from the EDDP program. This intake system also allows entrants to access financial assistance from other organizations in Dane County that TRC staff may refer tenants to.

If you need help submitting a screening or have additional questions, the best way to get direct assistance right away is to speak with staff in our office. Tenant Resource Center is available for walk-ins, no appointment needed: see our current Hours & Locations here.

← Back to Eviction.

Best Beloveds. We are on the third, and last, part of my Section 8 series (exposé? dissertation? riveting journalistic foray? you decide). 

Even though the process for learning all this has been engaging and eye-opening for me, I understand that reading it may not have the page-turning quality that, say, a Harry Potter book might. But, despite the law references and dry subject matter, there's a heart in here. And, at the risk of becoming sentimental, that's exactly why we do this. 

Today, I'm diving into terminations from the Section 8 program - when someone receives a notice that their Section 8 voucher will be taken away from them. Inside every Section 8 termination is someone who is terrified that they are going lose their housing. Most likely (because they are low-enough-income to qualify for Section 8 in the first place), they are about to become homeless, if they are not able to successfully dispute the termination. 

So, for every quibbly sentence about definitions of criminal activity, and references to what, exactly, is good cause, there's someone whose stable housing lies in that balance; who may need an advocate to tell them: "I've read about this! It's worth fighting! Try to overturn this!" Many, many clients get their termination notices and think, "this is it. It's already decided. It's over." BUT IT'S NOT OVER. There's so many more questions to be asked, so many more possible outcomes.

I hope that when you read this, you see as I do, all the ways that we can work together to protect those who hold these vouchers, the tired, the poor, the wretched refuse, the huddled masses yearning to breathe free. 

Here at the TRC, we rarely get clients that walk in bursting to tell us some good news. (Even though we love to hear it! Let us know if we helped you!) And, we've learned over the years, so very many things can go wrong.

Tenants have a right to exclusive possession in their unit (besides the law and the lease, no one can tell you how to live in your rental home*), and their landlord is supposed to make it so they can peacefully enjoy what happens inside that home, without interference from their surroundings (to the extent that the landlord has control over those things). 

We hear a wide range of problems that are, for us, resolvable under peaceful enjoyment, and those run from mundane ("I am an extremely quiet person and my upstairs neighbors walk when I wish they would be silent and still") to extreme ("a neighbor threw a knife through my wall"). 

But there's a way to do this! There's a method to the madness! There are cases that explain why judges look at these situations the way they do. All this and more, below.

Generally, the best piece of advice that we give to tenants and landlords is to get things in writing. Getting things in writing is the best way to prove that something really happened, and that it happened the way that you remember. It's the way to have that all-important paper trail.

But what about the moments where the other person doesn't want to sign an agreement, where they are not interested in negotiating the nitty-gritty? Where the most that you can get is a quick verbal conversation?

Then you should send this letter. Or something like it - keep it polite, write down the details, and make sure you write down that last line (that you'll assume this is correct unless you hear otherwise in writing). 

Short and sweet today, folks.

A tenant recently contacted us, saying that every time she asked her landlord to do a repair on the property that she was renting, the landlord raised the rent. All of those raises in rent were theoretically legal, since it was around the time for the lease to be renewed, but it seemed in direct consequence of her asking for repairs to be done. If you look at the laws on retaliation, they say that if a tenant makes "a good faith complaint about a defect in the premises," then a landlord "may not increase rent" (see Wis. Stat. 704.45 for the full set of rules). However, in order to show the timeline, and that the acts of the landlord would not have occurred "but for" the acts of the tenant, that tenant will be in the best possible position if she has her repair complaints in writing. (Then, if she's not able to work it out with the landlord, she can make a complaint to DATCP or sue in small claims court).

In this example, and in so many others, we see that one of the most important tools in tenant-landlord disputes is writing, on a piece of paper.  And even though it's so important, it can be wildly overwhelming for tenants and landlords to put together a letter that makes sense to the other party, much less gets results.  

Writing a letter is a process, and it doesn't have to be a stressful one!  Here are some steps to take:

Check Out Potential Roommates

Roommates can affect each others' lives personally and financially. Roommates who sign one lease are "jointly and severally liable" under that agreement (more info here). This means that any or all roommates can be held responsible when one does something wrong like not paying rent, violating a lease clause, or damaging the apartment. Very little tenant-landlord law deals with roommates, so choose your roommates carefully and work with them if problems come up.

If you will be living with people you do not know, ask the landlord to let you sign a separate lease. The lease should make you responsible only for your share of the rent and for damages caused by you or your guests. Landlords may, but do not have to, let you and your roommates sign separate leases.

Do not assume that a best friend will make a great roommate. After you move in, you may find you have different ideas about cleaning, parties, bills, or other issues which could become major problems. By then, your only options will be to negotiate some compromises, sublet, wait until the lease ends, or hope your landlord put an illegal clause in your lease that makes it void and unenforceable. See Ending a Lease for more information. Wis. Stat. 704.44

Roommate Agreements

To prevent roommate conflicts, you should discuss the issues below with all prospective roommates and sign a roommate agreement.

The roommate agreement should be detailed and feel fair to everyone. All roommates should sign and date the agreement and get a copy. Some items to include are:

Rent

• Will one person pay the rent or will each roommate send a separate check to the landlord?
• What will happen if one person cannot pay the rent one month?
• Will one roommate pay extra for special privileges such as a parking spot or a bigger room?

NOTE: If the landlord only wants to accept one check, then work out a payment plan. Make sure the plan is in writing and keep good records.

Shared Bills

• Whose name will be on shared bills (cable, internet, electricity, etc.)?
• Will you pay with separate checks?
• Will other people on the lease pay directly to the person whose name is on the bill or to the company involved?
• Does one person have a waterbed? An extra air conditioner? Like it warmer in the apartment? Will they pay more?
• Who will pay any late charges?

NOTE: Some utility companies let you put several names on the bill. This may encourage all roommates to pay their bills on time.

Household Duties

• Who will be responsible for the following duties:
• Taking out the garbage?
• Doing the dishes?
• Cleaning the bathroom?
• Vacuuming the living room?
• Other cleaning chores?
• How often will the apartment be cleaned?

Dispute Resolution

• How will you deal with problems if any occur? Bringing in a neutral third party to mediate a conversation between you and your roommate(s) can be a good option.

Destruction of Property

• What will happen if something gets broken?
• Will everyone be equally responsible or will you agree that the person who broke/destroyed the property will be responsible?

Security Deposit

• Who paid the security deposit, who will get what amount returned to them, and whose name(s) should the landlord put on the check? Under the new DATCP regulations, landlords no longer have to make checks out to everyone on the lease, but they do have to follow anything the tenants put in writing. It is now even more important to make sure you do this. Some tenants will have one person receive and process the check, which is easier. Other tenants will require all of their names to be on it, since this makes them more accountable to each other regarding the final amount. It's up to you, just make sure the landlord knows what to do. ATCP 134.06, Effective 11/1/15.
• What happens to a roommate's security deposit if they sublet?

Subletting

• What policy do the roommates have regarding subletting?
• Roommates can sublet only with the consent of all other roommates. Do the roommates agree not to withhold their consent unreasonably? See Ending Your Lease

Guests

• Are overnight guests allowed?
• When, how often, and for how long may guests visit?
• Where will overnight guests sleep?

Quiet Hours

• What hours, if any, will be designated as quiet hours?

Parties

• Will parties be allowed?
• Will alcohol be served?
• What size, when, and how often will parties be allowed?
• What will you do if the police are called?

Bedrooms

• What bedrooms will each person get?
• Will roommates be switching bedrooms at any point during the lease?
• Will those with larger rooms pay more rent?
• Will those sharing a room pay less rent?

Shared Belongings

• Will any of the following items be shared: food, clothing, DVDs, books, dishes, or any other property?

Privacy

• Are people allowed to enter each others bedrooms? Under what circumstances?
• Are there other spaces in the apartment that are off-limits during certain times?

Smoking

• Will smoking be permitted in the apartment? If so, when and where?

Pets

• Will any of the roommates have pets?
• What types of pets are acceptable?
• Who is responsible for taking care of any pets?
• How will any costs arising from pet damages be allocated?

Messages/Mail

• Where will you leave messages and mail?

Other

• Are there any other issues that are important to you and your roommates? Issues might include things like allergies, regular religious practices, or being LGBT-friendly. Think carefully about your living space and talk through these things ahead of time to avoid problems.

If you have any further questions, please contact the Tenant Resource Center.

Foreclosure happens when borrowers do not pay the mortgage on a home they own, and their lender (generally, a bank) forces a sale of the property to cover the debt owed. A rental property foreclosure is a legal action against the owner of the property. The bank that is owed the mortgage, or an individual or company can purchase the property in foreclosure.

Tenants may not know that a foreclosure has been filed on the property they are renting. Even if they find that an ownership change is happening because of a foreclosure, tenants may get lost in the legal shuffle and not know how to pay rent or who to contact when there’s a repair issue, which can put their housing at risk. The federal Protecting Tenants at Foreclosure Act (PFTA) was enacted to help protect tenants in this situation.

When Does the PFTA Apply?

The PFTA applies to most tenants when their landlords face foreclosure. The PFTA applies to all residential properties, including single units and multi-unit properties, and subsidized properties. And the law applies to tenants with any type of tenancy. 

The PTFA does NOT apply to a tenant if:

• the tenant is the person whose name is on the mortgage (this is uncommon, a lease is different than the mortgage)
• the tenant is the spouse, parent, or child of the person whose name is on the mortgage
• the rental agreement is not the result of an arm’s length transaction (example: the tenant and landlord had a personal, financial, or business relationship prior to entering into the lease)
• the rent is well below market rate, unless the rent is reduced because it is subsidized

How Do You Figure Out if a Foreclosure is Happening?

Below are three options for finding out more information about whether a foreclosure has been filed on the property you are living in.

1. Call your county Register of Deeds.
2. Use the Wisconsin Court’s public online records (CCAP). Figure out the legal name of the person or entity that owns the property. Your lease may have the correct name of the person who owns it, but another way to find out the legal name of the titleholder is to search on your city assessor's office/online lookup. Use that information to search on CCAP. Click “I agree” and then plug in either the personal name of the owner (under “party name”) or the business name of the organization that owns the property (under “business name”). The city assessor’s website has different ways to identify the property (parcel number, legal description, street address), so use the assessor's information to comb through all that while considering what may be on CCAP.
3. Go to the Register of Deeds office at the City-County Building in Room 110, 210 Martin Luther King Jr. Blvd. Madison, WI. Staff should be able to help you determine if the property is in foreclosure.
4. The sheriff keeps records for upcoming sales on this page.

What Are My Rights as a Tenant After a Foreclosure?

The PFTA requires the new owner (the owner who buys the property in the foreclosure) to provide the tenant with at least 90 days’ notice before requiring the tenant to move out, or, if the lease term extends beyond 90 days, allow the tenant to stay in the unit for the lease term.

If the new owner will be living in the property, the new owner can terminate the lease with 90 days’ notice even if the lease term extends beyond 90 days. 

Tenants with a Section 8 Housing Choice Voucher have additional rights under the PFTA. They may be able to stay in the unit under the existing lease and the new owner is required to continue the housing assistance payment contract. Transfer of ownership after a foreclosure is not good cause for terminating a Section 8 lease.

Foreclosure is not a valid reason for evicting a tenant. But a tenant can be evicted if they don’t pay rent or comply with the other requirements under the lease.

The landlord continues to be responsible for repairs until the property is sold in the foreclosure. Once sold, the new owner must is responsible for repairs and collecting rent. Within 10 days of becoming the new owner, the new owner must provide to the tenant, in writing, the name and address of the person responsible for collecting rent and making repairs.

Do I Still Need to Pay Rent?

Yes. If tenants stop paying their rent on time while their landlord is facing foreclosure or after the foreclosure, the original or new owner may file an eviction.

Do I Pay Rent to My Landlord or the Bank?

Tenants are obligated to pay rent to the legal owner of their property unless a court has said that the tenant should pay rent to someone else (for example, a “receiver”). Tenants are responsible for knowing who this is and paying rent to the right person. The easiest way for a tenant to determine a property's current owner is to contact their city assessor.

If there's a disagreement between the bank and landlord or you are not sure who to pay, you can write a letter to everyone involved, including the judge in charge of the foreclosure case, telling them how you are paying rent (or detail your attempts to pay rent) and to who, and why. You should include copies of any important documents and keep a copy.

If you are unable to contact the owner who you believe you should be paying rent to, be sure to include that information in the letter and keep the rent owed in an account so that it can be paid in full when the owner or the court gives you the information on how to pay rent.

After Foreclosure, How Will I Know Who My New Landlord Is?

In Wisconsin, when a rental property changes owners, the new owner has 10 days to notify tenants in writing of the names and addresses of the people who will collect rent and are responsible for repairs and maintenance of the property. Wis. Stat. 704.09(3), ATCP 134.04(1)(b).

If your landlord is foreclosed on, you will receive this letter after the “date of confirmation sale.” This is the term for the date when the sale of a property in foreclosure is made final in court.

Can I Use My Security Deposit for Last Month's Rent?

No, not unless you and your landlord enter into a written agreement that allows you to use your security deposit for the last month’s rent. If you don't have a written agreement and withhold your last month’s rent, the landlord may file an eviction action against you.

When you move out, the person who legally owns the property must follow all the laws about security deposits even if they didn't collect this money from the old owner.

Can I Be Evicted During a Foreclosure?

While your landlord's foreclosure isn't a valid reason to evict you, you can still be evicted for non-payment of rent or violating your lease.

Can I Move Before the Lease Ends or Stay in the Unit After the Foreclosure?

If you want to move before the 90-day period expires or before your lease ends, you can contact your landlord and ask if they will enter into a written agreement to mutually terminate the lease early. Similarly, if you want to stay in the unit after the 90-day period or your lease ends, you can contact the new owner to ask about a renewal of your lease.

Can the Sheriff Force Me to Leave When I Haven’t Received Any Notices?

After a property in foreclosure is sold, the court may not know that tenants are living in the foreclosed property, and the landlord doesn’t give the tenant any notice when they require them to leave the property.

After foreclosure, the court may assume the previous owner occupies the property. The new owner can request a “writ of assistance” to remove the previous owner. This is different from a “writ of restitution,” which removes tenants after a judgement of eviction. When the sheriff arrives to remove the previous owner, they may find the tenant instead. Tenants have different rights than the previous owner who had a foreclosure action filed against them. Only a writ of restitution granted by a judge or court commissioner after a judgment for eviction authorizes a sheriff to remove a tenant.

You can explain the situation to the court, sheriff, and new owner, and show them any important documents such as your lease and proof of rent payments. You may also want to contact an attorney.

Foreclosure Process

Here is a step-by-step overview of the foreclosure process:

1. The landlord defaults on payment of a mortgage loan.
2. A foreclosure action is filed in court by the bank.
3. The landlord has a specified number of days to states a defense against the foreclosure filing.
4. Once that period is over, the court decides whether to accept or reject the defenses to the foreclosure. If the court rejects these defenses, they enter a judgment of foreclosure. NOTE: This is not the same thing as appointing a new owner.
5. After the judgment of foreclosure, the landlord starts a “redemption period” where they can repay the amount owed to the bank. During this time, the landlord might cure the default or sell the property, ending the foreclosure and allowing the landlord to continue as owner. A redemption period can be several months, depending on the type of foreclosure filed. NOTE: During the redemption period, the landlord still collects rent and is responsible for repairs.
6. Once the redemption period ends, if the landlord hasn't paid back the money, there is a sheriff's sale where the property is sold to a new owner or (usually) to the bank that sued for foreclosure.
7. Once a property is sold, a hearing is scheduled to confirm the sale.
8. The confirmation of sale hearing takes place and, if the sale is confirmed, results in the “date of confirmation sale.” The title of the home is transferred at the hearing. The new owner might be willing to agree to a new lease, but that is not required.
9. The court may grant the new owner a “writ of assistance” in the confirmation of sale hearing in step #8, which will allow the new owner to go to the sheriff and have the previous owner removed if they live in the property.

More detailed information about foreclosure and the PFTA is available in this Wisconsin Bar article.

----

* The Tenant Resource Center is not a law firm and our staff and volunteers do not provide legal advice. Nothing on our website or other materials constitutes legal advice. For help finding an attorney, check out our attorney referral list.