One of the services that Tenant Resource Center provides are lease screenings. If you have any questions about your lease, bring it to our office! We can read through it with you, give clarification on the confusing wording of some things, and let you know what it says (and what it doesn’t say), but we cannot provide advice or interpretation (i.e. we cannot advise you on whether or not to sign something or whether to strike a clause from the lease, those are questions for someone who practices law). 

Thing for tenants to think about before signing a lease early 

• Roommate conflicts- The earlier you sign a lease, the more time there is for the possibility of falling out with your future roommates to occur. Remember, you'll live with these people for a year, so make sure you understand joint and several liability. If you are thinking about living with roommates, you may want to draft up a Roommate Agreement.
• Unknown plans- You may find an excellent opportunity for studying abroad or an internship. Still, if you've already signed a lease, you might have to pay rent in Madison while living in another city.
• Potentially lower rent- Historically, some landlords reduce rent prices as it gets closer to summer, and there may be apartments left un-rented in August.
• Once you sign a lease, you're obligated- You can't break a lease without consequences. 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, plus the rent while the apartment is vacant. Subletting is an option, but it can be hard to find sublessees.

The following is a list of things to watch out for in a lease

• The amount of rent, apartment address, or occupancy dates must be filled in- If these things are not addressed in your lease, then the landlord could try to change the terms of your lease regarding the location, amount of rent, or potentially terminate your lease with only a 28 days’ notice.
• Set cleaning fees- Most court commissioners and judges will want proof of costs; landlords must usually provide receipts for cleaning costs if they go to court (in the case of a security deposit dispute, for example). Pre-set fees are a way for them to avoid having to provide proof of costs if you and the landlord become court involved. 
• Fees for carpet cleaning or painting- Landlords can only deduct from your security deposit for routine carpet cleaning or painting if the damage is beyond normal wear and tear. However, landlords may include language in their lease stating that tenants are still required to pay for routine carpet cleaning–the most important thing is that no part of that payment should be taken out of the security deposit.
• Responsibility for repairs is placed solely on the tenant- This is illegal. The landlord is responsible for the structure's repairs and supplied amenities. They may only require you to pay if you or your guest caused damages.
• Separate addenda- Typically, anything in a "NONSTANDARD RENTAL PROVISIONS" form waives your rights as a tenant in Wisconsin. A common nonstandard rental provision is where a tenant agrees to allow a landlord to enter their unit for reasons in addition to what is allowable by law.

Void and Unenforceable Clauses

Usually, an illegal rule in a lease will be unenforceable while the rest of the lease is still valid (a tenant would still be obligated under the terms of the lease, except for the illegal rule). However, specific illegal provisions in a lease can render the whole agreement void and unenforceable, and allows a tenant to end the agreement with a 28-day non renewal notice. 

State law and consumer protections have articulated that, if certain rental provisions are included in a lease, those provisions make that lease unenforceable. A lease being void and unenforceable is a one-way street: The tenant may quit the lease without any consequences, but the landlord cannot terminate the tenancy without the tenant’s consent. Also, it is not necessary for a landlord to have acted (or have tried to act) on an unenforceable rental provision. The provision’s mere presence in the lease makes it unenforceable on its own.

These provisions are: 

• Allowing a landlord to increase rent, decrease services, bring an action for Eviction, refuse to renew, or threaten any of these actions because a tenant has contacted law enforcement or emergency services for their safety. In other words, attempting to evict or non-renew a tenant because they called emergency services, such as the police, due to fear for their safety.
• Evicting in any other way besides by state law. State law requires that landlords who want to pursue eviction proceedings against tenants must go through the court process if they are seeking a judgment of eviction. 
• Speeding up rent payments for breaking a rule in the lease. 
• Waiving the landlord's duty to mitigate damages if the tenant vacates early.
• Requiring tenants to pay the landlord's attorney's fees or costs, unless the court awards them. 
• Allowing the landlord to "confess judgment" or speak for you in court about any action or inaction related to the rental agreement. 
• Excusing the landlord for liability for property damage or personal injury due to negligent acts or omissions by the landlord. 
• 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.
• Waiving responsibility for the landlord to provide premises in habitable condition or maintain the property. 
• Allowing 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. 
• Allowing the landlord to terminate the tenancy of a tenant for a crime committed concerning the rental property, and the rental agreement does not include the notice required under Wis. Stat. 704.14. See also the Safe Housing Protections- NOTICE OF DOMESTIC ABUSE PROTECTIONS section below.

Summary

• Read the lease carefully and watch out for the clauses mentioned above. (Learn more about Reading Your Lease)
• Describe needed repairs 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 look it over with you.
• Keep a copy of the lease for your records immediately after you've signed it. ATCP 134.03(1)

What the Landlord Must Disclose

Landlords must give applicants certain information before accepting 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 per ATCP 134.03(1). If you request one from the landlord and they do not respond, you may file a complaint to Consumer Protection. Here are some things to consider when reading your lease.

Note: Reading your lease before signing is extremely important. Just because a landlord puts something in the lease does not mean it is legal. If the landlord puts specific illegal clauses in a lease, it could invalidate it. 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, stop by during our walk-in hours at one of our locations 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 quickly.
• 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 reside in and manage a building with four or fewer units don't need to provide owner/manager info in writing according to ATCP 134.04(1)(c). In buildings with more than four units or where the owner doesn't live on-site, tenants must be notified of changes in contact information within ten days per ATCP 134.04(1)(b). Rental agreements can also be sent via email or text per Wis. Stats. 704.10

If the Landlord Does not 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 if you need to reach the landlord in an emergency.
• Send any rent or repair requests to the owner's address, 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 everything runs smoothly, 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 signing a rental agreement or paying any money, ask your landlord which utilities you'll be responsible for. Ensure you know any common area utilities, like hallways, parking lots, yards, and laundry rooms. If the apartments don't have separate meters, your landlord must explain how they calculate each renter's utility payments. ATCP 134.04(3). If they say you'll be paying for a shared meter, try negotiating a fairer arrangement, like paying a portion equal to the number of people in each unit. Once you've agreed to the terms, have the landlord sign the agreement and 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 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 that was not disclosed to them should write a letter 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).

Mediation may be helpful if a tenant and their landlord are still unable to come to an agreement. The Wisconsin Academy of Mediators & Arbitrators or the Wisconsin Association of Mediators may be able to help resolve the situation. If the landlord does not comply, the tenant may sue in Small Claims Court for mandatory double damages, 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 know of and are a significant threat to the prospective tenant's health or safety. ATCP 134.04(2)(a), Wis. Stat. 66.0104(1), 2013 Wis. Act 76, Sec. 2. 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)

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.

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 still need to be completed on time. For more information, see our Repairs page, or contact Consumer Protection (DATCP online or at 800-422-7128). 

The landlord can make a promise repair via email or text. Wis. Stat. 704.10(3), 2017 Wis. Act 317, Sec. 42

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 pamphlet about lead hazards. 42 U.S. Code § 4852d. Call HUD at (414) 297-1493 or the Environmental Protection Agency (EPA) for enforcement. For more information on lead paint, visit the HUD website or our article about lead paint. 

Safe Housing Protections

The following language (a summary of the Safe Housing Act) must be provided in every lease, or  addendum to a lease: (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 guest.

(b) A person who was the tenant's guest, but the tenant has done either of the following:

• She sought an injunction barring the person from the premises.
• Provided a written statement to the landlord stating that the person will no longer be a tenant's guest and the tenant has yet to invite the person to be the tenant's guest subsequently.

(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 tenants request 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 by contacting the Department of Corrections with appropriate contact information. Wis. Stat. 704.50

Tenants who are subletting should make sure they understand their rights and responsibilities. In this blog, we explain different subletting arrangements and best practices for protecting the original and new tenants’ interests.

When a tenant walks in and says that they're having trouble with someone else named on their lease (a roommate, an ex, an ex-friend), most of the housing counselors here at the TRC will hold their breath, because they're about to tell that person something they won't want to hear. Me, I like a good story, and most of these have great stories, but either way, it doesn't usually end up so that we get to tell the client good news.  And the reason for that bad news is joint and several liability. 

Joint and several liability is a confusingly legal term that means that all the tenants on a lease (on one lease, not separate leases) and each of the tenants on the lease, can be held responsible for all money damages. For example:  Housemate A punches a hole in the wall and then leaves for an overseas job. Housemate B, with the major that didn't translate into international job opportunities, stays put. Housemate B is easier to find when the bill for the damages come due. Housemate B ends up on the hook. 

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.

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

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

Not seeing the issue you are having above?

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

Looking to write a letter or fill out a form?

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

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