This article will discuss fees, liquidated damages, and other charges under Wisconsin tenant-landlord law.

Money Paid at the Time of Signing the Lease

When a tenant and landlord are signing the lease, the tenant is usually paying a substantial amount of money. (Note: This is different from the fees that may be charged as part of the rental application to a prospective tenant. The laws on earnest money deposits apply to fees charged before a lease is signed in addition to a credit check and background check.)

Here in Madison, we're getting close to the August 15 madness, where a bajillion (it feels like) apartments turn over from one set of tenants to another. For those of you who haven't experienced this, it's mayhem. So we're trying to get all those tenants out there ready to go. 

As a tenant, there are steps you can take to protect your security deposit as your lease is ending. This post is about the ways you can make sure your security deposit is as refundable as possible.

I've written a lot about security deposits lately, and since we're still getting questions ('tis the season, after all, for rancorous debate about what, exactly, required cleaning), I think this is the moment to put All Security Deposit Links in One Place. And this is the One Place.

Click through for all possible linky-links that we have on Security Deposits. 

Around Wisconsin, many leases end during the warm months - the months in which it's not too likely to be snowing, icing or raining.  Which means that autumn, along with the beginning of school, is security deposit season.

For the thousands of Madison renters who left their previous rental on August 15, security deposits (or the explanation of how they have been used) are supposed to get to former tenants before September 6. For many tenants, receipt of this letter is an unhappy surprise. 

For the tenants out there, we are debunking the myths that many people have about security deposits - click through to make sure you are as well informed as possible.

Right this very moment, in our office, is a young tenant, trying, for the life of him, to figure out "normal wear and tear." Recently, a landlord called us and urged us very convincingly to do a better job of explaining it.  But it's haaaaard, we say, it's up to a judge, the law doesn't define it very well...

What is "normal wear and tear," you say? Well, Best Beloved, that's the hard part, isn't it?  But today, I'll give it a fair shot.

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

*We are in the process of removing the links to this page from our site, check our Security Deposits page for the most current information*

What is a Security Deposit?

Security deposits are one-time upfront deposits which most landlords require tenants to pay before they move into a rental unit. Landlords hold security deposits as a guarantee that tenants will pay their bills and keep their rental unit in good condition.

When a tenant ends their lease, moves out, or is evicted, landlords are required to return their security deposit within 21 days.

If a landlord thinks rental property has been damaged by a tenant or their guests during the tenant’s lease—or if a tenant has failed to pay any rent, utility bills, or other fees for which the tenant is responsible under their lease—the landlord may refuse to return all or part of a tenant’s security deposit refund.

Landlords who withhold all or part of a security deposit refund are required to provide their tenant a list of each individual charge or damage and its cost. This is called an “itemized list.” Landlords are not allowed to withhold any money other than these costs from a security deposit refund for any reason.

Tenants have the right to dispute any costs their landlord withholds from their security deposit refund.

Do Security Deposits Include Fees and Prepaid Rent?

State law defines a security deposit as the "total of all payments and deposits" given as security and "includes all rent payments in excess of 1 month's prepaid rent." This includes pet deposits, key deposits, and furniture deposits, as well as the last month's rent if that is what the landlord requires. ATCP 134.02(11)

NOTE: Under the new laws, rental agreements may include provisions that allow landlords to provide and indicate agreement to the use of electronic communication (e-mail, text, etc.) for the security deposit and for any documents related to it such as check-in / check-out sheets and lists of deductions (more information below). Otherwise, hard copies are the safest option. Wis. Stat. 704.10(2), 2017 Wis. Act 317, Sec. 42, Eff. 4/18/18.

How Much Can a Landlord Charge?

As much as they want to, as long as it is not discriminatory. State laws place no limit on the amount landlords can charge for security deposits.

Does my Landlord Have to Pay Interest?

No. The state does not require it, and new laws took away any local municipalities' ability to require interest. Wis. Stat. 66.0104(2)(b), Eff. 12/21/11.

How Should a Tenant Protect Their Security Deposit?

Fill Out a Check-in Form

When a tenant moves in, the landlord is required to: 

• Give the tenant a check-in sheet and let them know they have seven days to inform the landlord of any pre-existing damages or defects to the apartment unit. ATCP 134.06(1)(a)1, Wis. Stat. 704.08, 2011 Wis. Act 143, Sec. 18, Eff. 3/31/12.

If the tenant doesn't get a check-in form, they can make their own or use the Tenant Resource Center's Sample. The tenant should make a copy of the complete document for themselves and send the original to the landlord within the deadline the landlord gives (must be at least 7 days).

If the landlord doesn't follow check-in procedures, it will be difficult for them to prove the initial condition of the apartment when they try to deduct from the security deposit. Tenants should still fill in their own check-in sheets and take photos or videos of the initial condition of the apartment.

When filling out the check-in form, be thorough! The landlord cannot charge for any pre-existing damages, but documentation is key. Note problems with the unit such as:

• stained carpets or damaged floors
• cracked windows
• torn or missing screens
• nail holes, cracked paint, peeling wallpaper
• dirty conditions, fixtures, and appliances
• stained walls and ceilings
• plumbing, sinks, bathtubs, and tiles that are worn, dirty, mildewed, or not working properly
• missing light bulbs or glass light covers
• electrical outlets or other items that do not work (light switches, stove burners, oven coils, etc.)
• countertops that are stained, scratched, or damaged

Get a Witness

Tenants can have a friend who isn't living with them witness the conditions at move-in, and initial their check-in form or write a separate statement about what they saw.

Take Photos or Video

Carefully photograph or video the apartment when you move in. Tenants should be extra careful to document all damage. When taking photos or video, consider putting a note with the date and apartment number or address in the photos. This will help you prove when the photos were taken and give a reference for how big a particular stain or area of damage might be. Tenants should send photos or video to the landlord soon after moving in and keep copies for themselves.

Requests for Previous Tenant's Charges to Security Deposits

In addition to doing a check-in form and telling the tenants they have the right to inspect the apartment, the landlord must also inform the tenant of their right to request a list of any charges to the previous tenant's security deposit. The landlord can require that the request be in writing. If the tenant does this, the landlord must send a list of deductions from the previous tenant's deposit within 30 days, or 7 days after they notify the previous tenant of their deductions, whichever is later. ATCP 134.06(1). If this list has additional damages that were not fixed prior to the tenant’s moving in which the tenant did not put on their check-in sheet, this will be important evidence of the condition of the unit when they moved in. It can also prevent the landlord from charging both sets of tenants for the same damage.

Read your Nonstandard Rental Provisions

This is the part of the lease where the landlord must note all things that they will take from the security deposit beyond what the law states they may deduct for, such as late fees. Tenants should make sure the landlord is only charging for actual damages they can document. The landlord cannot charge for Liquidated Damages (random fees), even if they are listed in the non-standard rental provision, for example: $500 for having a beer keg in your apartment. Landlords may be confused or encouraged by the passage of the new laws, but nothing has changed allowing them to charge penalties for items that do not include damage to property or money losses. ATCP 134.06(3)(b), Wis. Stat. 704.28(2).

Landlords are no longer required to "discuss" (but must still “identify”) any Nonstandard Rental Provisions which allow deductions from the security deposit for things not included in ATCP 134.06(3)(a). If the tenant signs or initials the Nonstandard Rental Provision, it is presumed the landlord “identified” the provision and the tenant agreed. This makes the language consistent with Wis. Stat. 704.28(2). CR 14-038, Sec. 7 & 8, Eff. 11/1/15.

What Should Tenants Do Before Leaving an Apartment?

Tenants should try to schedule a check-out appointment with the landlord. If the landlord agrees to do this, tenants should leave with a signed copy of the check-out form. If the landlord notes things that are dirty or damaged, the tenant can offer to clean or fix them at that time to avoid getting charged for it.

If the landlord won't go through the apartment with the tenant, tenants should complete their own check-out form and take pictures documenting the condition of the apartment, including places the tenant cleaned or fixed things. Remember to put something in the photo to use as a reference point for the date and the size of damages. Consider having the same witness who was present for check-in help with the check-out.

If the landlord presents the tenant with a check-out form that lists damages the tenant (or their roommates/guests) did not cause, the tenant should not sign it. Instead, they should complete their own check-out form and keep a copy. Keep copies of everything!

Also, tenants should make sure to leave their forwarding address on the check-out form or somehow put this in writing to the landlord. Landlords are no longer required to mail the security deposit to the tenant's last known address if the tenant does not leave a forwarding address.  Landlords still have to “deliver or mail” the security deposit, but there is no requirement in the regulations about where to send it. It could end up at an old co-signer's address, the apartment address, etc. ATCP 134.06(2), CR 14-038, Sec. 4, Eff. 11/1/15.

When Must a Landlord Return the Deposit?

The landlord has 21 days after the rental unit is surrendered* to send the full security deposit and/or an itemized list of deductions. If they wrote it into the lease, they can send this electronically. Wis. Stat. 704.10(2), 2017 Wis. Act 317, Sec. 42, Eff. 4/18/18. Wis. Stat. 704.28(4). If the landlord doesn't do this, the law allows the tenant to take further action (see below), but the landlord doesn't waive the right to charge for damages after that date.

* The landlord no longer returns the security deposit based on when the premises is "surrendered." Now, the landlord has to return the security deposit 21 days after any of the following:

1. The date the lease ends, if the tenant leaves at the end of the lease ATCP 134.06(2)(a); or
2. The date the lease ends or the date a new tenant’s lease begins, if the tenant is evicted or leaves before the lease ends ATCP 134.06(2)(b); or
3. The date the premises is known to be vacated or the date that the tenant is removed due to an eviction if the tenant is evicted due to holding over. ATCP 134.06(2)(c)

This makes the language consistent with Wis. Stat. 704.28(2). CR 14-038, Sec. 4, Eff. 11/1/15.

What if the Tenant Moves Out Early?

If the tenant moves out before the lease is over, the tenant should write a letter stating the day they are moving and return the keys to the landlord so there is no question of whether they still have possession of the apartment. The 21 day countdown starts on the day the rental agreement ends or the date a new tenancy begins, whichever is sooner. There are exceptions for subletting. (See Ending a Lease for more information about possible changes for rent while the unit is vacant.) Wis. Stat. 704.28(4)(b).

This law went into effect for anyone vacating their leases early as of 3/31/12. Before, the landlord had 21 days from the day the tenant "surrendered the premises." They had to notify the landlord in writing if they moved out early, otherwise they would have to wait until the lease was over for the 21 days to begin. ATCP 134.06(2)(b), MGO 32.07(7) If a lease has a provision that is contrary to this law, the law first goes into effect when that lease is renewed. Wis. Stat. 704.28, 2011 Wis. Act 143, Sec. 22, Eff. 3/31/12.

What Can the Landlord Deduct From Your Security Deposit?

Standard Legal Deductions

Standard deductions include: (ATCP 134.06(3)(a), Wis. Stat. 704.28(1))

• Unpaid rent (some exceptions in Wis. Stat. 704.29)
• Unpaid utilities owed under the rental agreement, or for which the landlord becomes responsible
• Damages caused by the tenant or their guests that go beyond "normal wear and tear"
• Unpaid monthly municipal permit fees, Wis. Stat. 704.28, 2011 Wis. Act 143, Section 22, Eff. 3/31/12. The Consumer Protection regulations used to call these "mobile home parking fees." This was updated on 11/1/15 to be consistent with 704.28. ATCP 134.06(3)(a)5, CR 14-038, Sec. 6

Language was changed to clarify that deductions are made from a full amount of the security deposit, and only for the amount that is reasonably necessary to pay for things they were allowed to deduct. ATCP 134.06(3)(a), CR 14-038, Sec. 6, Eff. 11/1/15.

Nonstandard Legal Deductions

The landlord can deduct for things other than what's listed above only if it is otherwise legal to charge for it (see below) AND if the tenant initialed provisions on a separate page titled "NONSTANDARD RENTAL PROVISIONS" when they signed the lease. This may include things like late fees. ATCP 134.06(3)(b), Wis. Stat. 704.28(2)

Illegal Deductions

Landlords may never deduct from the security deposit for "normal wear and tear" or for other losses that the tenant is not responsible for under the law, even if the tenant signed a NON-STANDARD RENTAL PROVISION authorizing these deductions. ATCP 134.06(3)(c), Wis. Stat. 704.28(3)

Carpet Cleaning

It is illegal to deduct for routine carpet cleaning from the security deposit even if the tenant signed a lease that states that they must pay for carpet cleaning. The exception is if the tenant(s) damaged the carpet beyond "normal wear and tear." If the landlord deducts money from the security deposit for routine carpet cleaning, they should follow the steps below. ATCP 134.06(3)(c), Wis. Stat. 704.28(3) Be aware that the landlord may still try to get the money in small claims court!

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

Can a Tenant Cash a Partial Check?

It is risky. The regulations no longer guarantee that a tenant can still sue for the rest of the amount they feel they are owed. If the tenant absolutely must cash the check, they can write "Partial Payment" or "Rights Reserved" on the check and include a letter to the landlord explaining they are only accepting this as a partial payment. ATCP 134.06(2)(e), MGO 32.07(7)(d) CR 14-038, Sec. 4, Eff. 11/1/15

Who Should the Deposit be Returned to?

The landlord should return it to whoever the tenants told the landlord in writing to make the check out to, or whoever the landlord chooses to return it to if there were no written instructions. The regulations no longer tell the landlord they have to put everyone's names on the check, so tenants who rent together should think carefully about who they want the check going to and getting cashed by. It is easier to have it be just one person, but there is more accountability if everyone has to sign it. ATCP 134.06(2)(d), MGO 32.07(7)(c), CR 14-038, Sec. 4, Eff. 11/1/15.

What if the Landlord Doesn't Follow These Rules?

If the landlord does not return the security deposit and/or list of deductions within the required 21 days, or if the landlord took out money for things the tenant disagrees with, the tenant may sue the landlord for double the amount wrongfully withheld, plus court costs and reasonable attorney's fees. ATCP 134, Wis. Stat. 100.20(5), Wis. Stat. 66.0104(2)(b).

This process starts with the tenant doing the following:

Write a Letter to the Landlord

A sample letter is available here. Whatever the tenant sends should include the following:

• A description of each deduction they disagree with and why.
• Specific mention of the law or laws that have been violated, such as ATCP 134.06, Wis. Stat. 704.28.
• An explanation that the tenant could take further action, including small claims court for double the amount wrongfully withheld, court costs, and reasonable attorney's fees or filing a complaint with Consumer Protection (see below). ATCP 134, Wis. Stat. 100.20(5), Wis. Stat. 66.0104(2)(b)
• A reasonable deadline for the landlord to return the total deposit (for example, an exact date 5—14 days away).

Tenants should be sure to keep a copy of the letter for their records!

File a Complaint with Consumer Protection

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

Sue in Small Claims Court

Tenants can sue any time they feel the landlord owes them money, but it may look better if they write a letter first and then wait until after the deadline expires and the landlord still doesn't respond. Then the tenant can sue the landlord in small claims court for double what was wrongfully withheld plus court costs and reasonable attorney's fees. Wis. Stat. 100.20(5), Wis. Stat. 704.95, Wis. Stat. 66.0104(2)(b). 

NOTE: If the landlord returns the money before the tenant files in court, the tenant can no longer sue since now they are not owed any money. Double damages only apply if the case goes to court.

To sue, the tenant must go to their county small claims court, fill out a simple "summons and complaint" form, and pay the $94.50 filing fee. (This fee may be waived if you receive Food Stamps or BadgerCare or are otherwise low-income.) If the tenant wins, the landlord will have to pay them back for that filing fee plus any court costs, or reasonable attorney's fees awarded by the court. The landlord might not contest the case, they might try to settle, or they might counter-sue for more money the landlord feels they are owed. To contact your county's courthouse, go to the Wisconsin Circuit Court System. If you have more questions, see our Small Claims Court Tips.

Vocabulary

• Earnest Money: This is sometimes called hold money, money down, or an application fee. Earnest money includes ALL money which the tenant pays to the landlord before they sign a lease in return for the option of entering into a rental agreement in the future, or for having a rental agreement considered by a landlord, 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, Eff. 4/18/18.
• Normal Wear and Tear: This is a term that Wisconsin laws use, but do not define in detail. It refers to the deterioration of the premises that occurs during normal conditions where the tenant cleans regularly and cares for the premises reasonably. If the tenant and landlord cannot come to an agreement, a small claims court judge will decide if the issue goes to court.
• Security Deposit: The money a tenant pays to a landlord when entering into a rental agreement to guarantee the tenant's obligations. It is any amount above one month's prepaid rent (including all pet deposits, key deposits, and furniture deposits). There is no such thing as an automatically non-refundable deposit.

General statutes guidelines for routine carpet cleaning in residential tenancies:

1. Landlords may include language in a lease requiring tenants to pay for routine carpet cleaning. The reason for this is that routine carpet cleaning at the end of a tenancy does not fall within the scope of a landlord's responsibility to "keep the premises in a reasonable state of repair" per Wis. Stat. 704.07(2). Therefore, a lease that contains language that requires tenants to pay for routine carpet cleaning is still enforceable and valid. More information about why this is can be found here. A note in ATCP 134.06(3)(c) makes it clear that even though a landlord may write a lease saying the tenant has to pay for routine carpet cleaning, they may not automatically take the cost out of the security deposit. 
2. Landlords may not deduct from a tenant's security deposit for routine carpet cleaning, even if: 
   • The lease requires that the tenant pay for carpet cleaning when they move out.
   • The lease states that the tenant must provide a receipt showing the carpets were cleaned.
   • The lease says that the tenant must pay for carpet cleaning when they move in.
   • The lease says the carpet cleaning cost will be deducted from the tenant's security deposit.
   • Any of the above rules are listed in a non-standard rental provision.
3.  A landlord may not require a tenant to pay for carpet cleaning before moving out of the unit. Any payments in excess of the first month's rent are considered security deposits. ATCP 134.02(11)
4.  A landlord may only withhold from a tenant's security deposit for carpet cleaning when there is "unusual damage" to the carpet caused by "tenant abuse." This language is clearly defined in ATCP 134.06(3)(c), which specifies that landlords may not deduct from tenants' security deposits for repairs needed due to "normal wear and tear." 

What to do if a landlord is unlawfully charging a tenant for routine carpet cleaning:

1. Write a letter: The tenant can write a letter to the landlord to explain that the landlord cannot deduct money for routine carpet cleaning unless the tenant has damaged the carpet beyond "normal wear and tear." This is supported by ATCP 134.06(3)(c).
2. File a written complaint with the Department of Agriculture, Trade, and Consumer Protection. 
3. File in small claims court to recover the money in a security deposit that the landlord illegally withholds.

Choosing the Right Landlord

It is expected that landlords will check the background of prospective tenants. It is equally important for tenants to check out the landlord. This research can be quick and usually it's anonymous. Even if you don't have many options for where to rent, you will go in with very important information which can save you lots of money, time, and stress.

Current Tenants

If you only check one source, it should be the current tenants. Visit without the landlord and explain that you are considering renting and that you would like a little information about the landlord and building. Ask questions such as:

• Does the landlord respond quickly when you report repair/maintenance problems? 
• Does the landlord keep common areas (yards, laundry rooms, hallways) in good condition?
• Are there major repair problems in the building?
• Does the heat work and do the appliances work properly?
• Before you moved in, were you promised improvements (such as new carpet)? Was this done? Was it on time?
• Are there pests (such as cockroaches, bed bugs, or mice)?
• Are there noise or safety problems in the building or the neighborhood?
• Is proper notice (usually 12 hours) given before the landlord enters the unit?
• What happens if you pay the rent late? 
• Are there late fees?
• Is the landlord pleasant and professional?
• Why is the current tenant leaving?

If possible, talk to at least two current tenants. Bad reports are a strong reason to keep looking, or to be extra careful about preventing and documenting problems if you move in anyway (take photos before moving in, keep things in writing about repairs (texts/emails), etc.) .

Small Claims Court Records

You can easily find any court cases your landlord might have in Wisconsin through CCAP (Consolidated Court Automation Programs). Make sure you check the name of the landlord or management company that is listed for the address on your city assessor's website (for City of Madison residents, click here) or Access Dane. 

CCAP On the Internet

The case files will tell who is suing whom, for what, and who won the case. Click on "case details" or "court record events" for details. While CCAP online can be helpful, it may not say why someone was evicted.  If a case has a “stipulated dismissal”, the landlord and tenant worked out an agreement.  A default judgment usually means one side did not show up, usually the defendant.  A judgement of eviction usually only comes after a hearing with a judge, but not always.

CCAP at the Courthouse

For more information, go to the county courthouse in person and ask the clerk to pull files for all cases your potential landlord has been involved in during the last few years. Have the case numbers from CCAP ready to avoid possible fees for looking them up. More information on CCAP is here.

When you check the court records at the courthouse computer (records room), you will find more details about why people are evicted. Look at the section entitled "complaint" to learn why tenants were evicted, but consider the number of apartments the landlord/management company controls. If you find that the landlord has a disproportionately high number of tenant/landlord cases, or if you are surprised by the reasons tenants are suing them, then it may be wise to look for another apartment, or be extra careful renting from them.

NOTE: Landlords will also use CCAP to look up your record of evictions, being sued for money, etc. As of 4/18/18, the laws make it much easier for tenants to remove eviction cases from their CCAP record (as well as removing all other small claims court cases, such as money cases). Wis. Stat. 758.20(2)(a), 2017 Wis. Act 317, Sec. 46, Effective 4/18/18. Click here for more information about tenant records and CCAP.

Consumer Protection

Contact the Department of Agriculture, Trade and Consumer Protection (online or at 800-422-7128) to ask if any complaints have been filed against the landlord. 

• You can find out the number of complaints, the dates they were filed, and how they were resolved. 
• Again, consider how many apartments the landlord owns or manages. 
• You can also go to the agency and see the actual complaints.

Building Inspection Records

Many towns and cities in Wisconsin have building inspectors. 

• Most inspectors keep written records every time they inspect an apartment and these records are public. 
• You can ask to see the records for addresses you are considering. 
• Focus on recent records, such as reports within the past five years. 
• The records should show that the inspector has visited the apartment and what repairs the landlord was ordered to make. 
• Check to see how soon the repairs were finished. 
• Also, check to make sure it is still the same landlord who owns the building.
• Remember, retaliation against tenants who contact inspectors is prohibited by statute and by ATCP 134.09(5). Buildings that have been inspected several times recently are probably not being maintained well. You may want to avoid landlords who do not make repairs even after being ordered to do so by the building inspector.

Zoning Records

When you check inspection records, it is a good idea to check zoning: 

• Give the zoning staff the address of the apartment and ask how the building is zoned. 
• You may find that no more than two or three unrelated persons can live in the building, which may come as a shock if you were planning to move in with some friends. 
• You might find out that your future "three-bedroom" apartment only has two legal bedrooms.
• In the City of Madison, if a co-tenant is forced to vacate by an inspector because of zoning or occupancy limits that were not disclosed to the tenants, they may be able to break the lease without any consequences. MGO 32.08(2)(d) Call your local building inspector or the Tenant Resource Center for more information.

Police Records

Police Reports and Police Contacts

• Call your local police department and ask whether you can get a printout of all police calls to your prospective apartment building.  
• If you want information specific to one person (landlord) you should ask for police contacts, list the address and date of birth if you have one. 
• Most police departments have a records office, Madison’s is here. You may have to go to the police department in person and/or pay a small fee. 

Neighborhood Officer

• There also may be a police officer assigned to the neighborhood you want to move into. 
• Talk to that officer about the neighborhood/your landlord. 
• You should also talk to neighbors about their relationship with the police in the neighborhood. 
• It might be a good idea to stay away from any building that has a long record of police calls; however, some neighborhoods have high police vigilance, which will contribute to the number of police calls for properties within those neighborhoods. 
• If the landlord or manager has a criminal record, you may want to consider that this person will have a key to your home. Just as the landlord probably looked up your conviction record in Wisconsin on CCAP, you might want to do the same for your landlord or property manager. More information on CCAP is available here.

What the Landlord Must Disclose

Landlords have to give applicants certain information prior to accepting any money, so tenants can decide if they are interested. Landlords are also required to write certain important information in the leases.

Tenants' Copies of Agreements

Tenants must be allowed to inspect copies of all written agreements and rules before they pay any money to the landlord or make any rental agreement. When a tenant signs a lease, the landlord must give them a copy of the signed lease. If you request one from the landlord and they do not respond, you may make a complaint to Consumer Protection. ATCP 134.03(1) Here are some things to think about when reading your lease.

NOTE: With the passage of new laws, it has become extremely important that you read your lease before signing. Just because a landlord puts something in the lease does not mean it is legal. In fact, if the landlord puts certain illegal clauses in a lease, it could make the whole lease invalid. It will also tell you what they can do with your property when you move out, or if you are evicted. See Ending a Lease and Property Left Behind for more information. If you have any questions, contact the Tenant Resource Center before signing and we can help you understand the lease and identify possible problems.

Disclosure of Owner/Manager Information

Landlords must give the following information to tenants in writing before or when they enter into a lease:

• Name and address of the person who collects the rent
• Name of the person who manages the building
• Name and address of the repair contact person. The tenant must be able to contact that person easily.
• The name of the owner or other person authorized to accept legal papers and other notices (must be in Wisconsin, and must be a street address, not a post office box). ATCP 134.04(1)

Landlords who live in and manage buildings with four or fewer units do not have to provide owner/manager information in writing. (It is assumed they will manage the building and accept legal papers.) ATCP 134.04(1)(c) Tenants must be notified of any change in the name or the address of the owner/manager, the maintenance contact person, and the person who accepts legal papers within 10 days of a change, if tenants live in a building with more than 4 units, or if the owner does not live on site. ATCP 134.04(1)(b) In Madison, landlords must also disclose the phone number for each person above. MGO 32.08(1), Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2

New laws make it clear that the landlord can give the tenant copies of the rental agreement and any related documents in an e-mail or text message. Wis. Stats. 704.10(2) & (3), 2017 Wis. Act 317, Sec. 42, Effective 4/18/18.

If the Landlord Fails to Provide This Information

• Contact the city assessor/treasurer or county register of deeds and find out what information they have available.
• Look up that person's office or home phone number in case you need to reach the landlord in an emergency.
• Send any rent or repair requests to the address of the owner, along with a request for any information not disclosed in the rental agreement, and keep dated copies of all your written requests.
• Mail the rent payment at the post office and get a "certificate of mailing" (cheaper and faster than registered mail) or "delivery verification" to verify delivery. If there are no more problems, you may not need future receipts, but keep copies of each payment, the letters you send, and any receipts.
• Tenants may also file a complaint with Consumer Protection (DATCP online or at 800-422-7128).

Utility Disclosure Information

Before making a rental agreement or accepting any money from you, the landlord must tell you what utilities you have to pay for in addition to the rent.  Landlords must also tell you if your bills include any utilities in common areas of the apartment building including hallways, yards, parking lots, and laundry rooms. If the apartments do not have separate utility meters, the landlord must disclose this, as well as how they determine how much each renter will pay. ATCP 134.04(3) If the landlord informs the tenant that the tenant will be paying for a shared meter, the tenant could negotiate a fairer arrangement (such as paying a portion equal to the number of people in each unit). Have the landlord sign the agreement and make sure to keep a copy for yourself. 

If the Utility Information Was Not Disclosed

Call the local utility company for help. A service person may visit your home to see what services you should pay for.

If you find out you are paying for someone else's utilities, ask the utility company for a copy of previous bills and estimate the amount the landlord should refund to you. The utility company can help with estimates. If you live in the MG&E service area in Dane County you can find some information about estimates here.

Tenants who find out they have a shared meter which was not disclosed to them should write a letter to the landlord requesting a refund and give the landlord a deadline (ten days to two weeks). If the landlord does not respond, file a complaint with Consumer Protection (DATCP online or 800-422-7128).

If a tenant and their landlord are still unable to come to an agreement, mediation may be helpful. Contact the Housing Mediation Service in Dane County or the Wisconsin Association of Mediators outside of Dane County. If the landlord does not comply, the tenant may sue in Small Claims Court for mandatory double damages plus court costs and reasonable attorney's fees. Wis. Stat. 100.20(5)

Disclosure of Building Code Violations

Before entering into a rental agreement or accepting earnest money, the landlord must tell the tenant about documented, uncorrected building code violations that they have actual knowledge of and which are a significant threat to the prospective tenant's health or safety. ATCP 134.04(2)(a), Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2, Effective 3/31/12 and 11/1/15.

Before entering into a rental agreement or accepting earnest money, the landlord must also tell the tenant about any conditions affecting habitability which the landlord would know about, or could have known about based on a reasonable inspection. These include any lack of: hot or cold running water, safe electrical system, sewage disposal, heating systems unable to reach 67°F in all living areas in all seasons, and all other likely health or safety hazards. ATCP 134.04(2)(b), MGO 32.08(2)(a), FO 72-108(2)a

In the City of Madison the landlord must also disclose the tenant's right to abate rent (reduce rent payments to enforce the completion of inspector-mandated repairs), off-street parking requirements, and occupancy standards (how many people can live in an apartment). Violations of Madison's disclosure requirements can carry a fine. If a tenant has repair problems that the landlord refuses to fix, call the building inspector. In Madison, call the City of Madison Building Inspector at 608-266-4551.

Promises to Repair

When a landlord promises to make repairs before you sign your lease/move in, they must put these promises in writing. Consumer Protection can help you if they are not completed on time. For more information, see Repairs (Madison & Fitchburg or Wisconsin) or contact Consumer Protection (DATCP online or at 800-422-7128). 

New laws make it clear that the landlord can make promises to repair in an email or text message. Wis. Stat. 704.10(3), 2017 Wis. Act 317, Sec. 42, Effective 4/18/18.

Lead Paint Requirements

According to Housing and Urban Development (HUD), a landlord must disclose that a dwelling built or remodeled before 1978 may contain lead paint, and provide the tenant with a lead hazard information pamphlet. 42 U.S. Code § 4852d . For enforcement, call HUD at (414) 297-1493 or the Environmental Protection Agency (EPA). For more information on lead paint, visit the HUD website, or see our blog post on lead paint. 

Safe Housing Protections

The following language (a summary of the Safe Housing Act) must be provided in every lease or in an addendum to the lease entered into or renewed after 3/1/14: (Wis. Stat. 704.14, 2013 Wis. Act 76, Sec.14)

“NOTICE OF DOMESTIC ABUSE PROTECTIONS

(1) As provided in section 106.50 (5m)(dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following:

(a) A person who was not the tenant's invited guest.

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

• Sought an injunction barring the person from the premises.
• Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant's guest.

(2) A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes.  If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency.

(3) A tenant is advised that this notice is only a summary of the tenant's rights and the specific language of the statutes governs in all instances.”

Note: If there is a clause in the lease prohibiting crime, and this language, quoted above, is not in the lease, then the lease is void and unenforceable. Wis. Stat. 704.44(10) For more information, see our Ending Your Lease page.

Sex Offenders

If a tenant requests information about sex offenders in writing, the landlord should inform them to get information from the sex offender registry or the Department of Corrections. While landlords are not obligated to keep this information themselves, landlords are obligated to disclose any "actual knowledge" they have about a specific person, IF a tenant asks for it. They are not liable for any particular disclosure if they refer a tenant to obtain information about the sex offender registry and persons registered with the registry by contacting the Department of Corrections, with appropriate contact information. Wis. Stat. 704.50

Earnest Money

After disclosing the required information (see previous sections) landlords are allowed to accept "earnest money," sometimes called an application fee, money down, or "hold" money. Earnest money includes ALL money which the tenant pays to the landlord before they sign a lease, except for up to $25 for the actual cost of a credit check) and up to $25 for a background check for tenants applying from out of state. ATCP 134.02(3), Wis. Stat. 704.085(2), 2017 Wis. Act 317, Sec. 41, Effective. 4/18/18.

Earnest money is refundable except for the actual cost of a credit check (credit bureaus charge about $8 - 12 for a report) and a background check for out-of-state applicants. Tenants can avoid the credit check fee (but not the background check fee) if they provide their own copy of a credit report less than 30 days old. City of Madison tenants cannot be required to pay the cost of a credit check. MGO 32.02(2)(c) & 32.10(3), Wis. Stat. 66.0104(2)(b), ATCP 134.05(4) For information about free credit reports see Credit Reports.

NOTE: The regulations in ATCP 134 which govern the return of earnest money have not been updated yet for the new law allowing the landlord to charge out-of-state applicants for background checks. However, 2011 Wis. Act 143 says that ATCP cannot conflict with laws in Wis. Stat. 704, such as this one.

 Here are the three things that a landlord can do with the earnest money:

• If the landlord accepts you as a tenant and you sign a lease, the landlord must either return the earnest money, or apply it to the security deposit or your first month's rent. ATCP 134.05(2)(b)
• If your application is denied, or if you withdraw the application before being accepted/denied (which you should always do in writing), the landlord must return the earnest money by the end of the next business day (unless you gave written permission for them to retain it for up to 21 days). ATCP 134.05(2)(a)3.
• If you are accepted but don't want the apartment, the landlord can deduct for the actual costs of re-renting the apartment (for example, advertising) but they can't charge for their time spent showing or re-renting the apartment. They must return the rest of the earnest money to you within three business days (unless you gave written permission to retain it for up to 21 days). ATCP 134.05

If your landlord won't return your earnest money, you can file a complaint with Consumer Protection (DATCP online or at 800-422-7128)  and/or sue in small claims court for double what they owe plus court costs and reasonable attorney's fees.  Sometimes writing a letter threatening to do those things if the landlord won't return it by a certain deadline can quickly resolve the issue.

Still confused about earnest money? Read our blog post about it!

For more information on what to do when moving into an apartment in the City of Madison, see Moving Out of One Apartment Into Another.

Moving Out of Your Old Place

Checking Out

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

Getting Your Security Deposit Back

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

Carpet Cleaning

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

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

Dealing with Landlord Deductions and Violations

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

Write a Letter to Your Landlord

Include any of the following that apply:

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

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

File a Complaint with Consumer Protection

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

Sue in Small Claims Court

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

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

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

Moving Into Your New Place

Checking In

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

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

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

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

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

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

Dealing with a Dirty Apartment

If the apartment is dirty, either don't clean it and notify your landlord immediately to have it cleaned, or negotiate to have the landlord reimburse you for cleaning. Make sure you get a written agreement including the amount of the rent discount or any agreement for the landlord to pay wages per hour or cleaning supplies, and save your receipts. Consider negotiating a flat rate with the landlord to avoid arguing over the hours worked or amount paid for cleaning supplies.

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

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

Filling Out a Roommate Agreement

Many tenants, even close friends, end up having conflicts. To help avoid disputes about partners moving in, cleaning, subletting, pets, noise, smoking, etc., you and your roommates should fill out a roommate agreement. Often, just having this important conversation when things are still going well helps you prevent future problems! In case of disagreements (like who owes what for bills and rent) a roommate agreement is the best way to show who is responsible if you end up in court.

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

Living in Your Apartment

Safety and Security

• Door locks, chains, and deadbolts. Always lock your doors, even when you are home. Don't make your apartment and yourself easy targets for intruders by propping your door open or leaving it unlocked for friends or roommates. Always use your deadbolt and if you don't have one at least an inch long, request that your landlord install one. MGO 27.05(2)(h)
• Security-locked entrances. Controlled-access buildings are only secure if the common doors remain closed and locked when not in use. Remember, if you prop them open, you are compromising the safety of the whole building.
• Sliding doors. Unsecured sliding doors are a common target for break-ins. Be sure to use your patio door lock, plus a secondary locking device such as a stick in the sliding track to prevent the door from opening.
• Door viewer. Always use your door viewer before you open your door for someone. If the door viewer is broken or not provided, notify the landlord. MGO 27.05(2)(h)
• Window coverings. Keep your curtains or blinds closed if you are away from home for a long period of time. Open window coverings make it easy for an intruder to see that you are either not home, or home alone.
• Window and ventilation locks. All first floor and second floor windows are required to have both regular locks, which do not allow the window to open at all, and ventilation locks, which allow the window to open a few inches for ventilation but not wide enough to allow entry. These locks, when installed and used properly, will not allow entry without breaking glass. If locks are missing or don't work, request repairs. MGO 27.05(2)(h)
• Parking lot lighting. Parking lots for more than three cars must have lighting. MGO 27.04(2)(g)
• Common area lighting. Be sure hallways and basements have adequate lighting. If bulbs are burned out, notify the landlord right away. Common area lighting is required by MGO 27.04(2)(g) & (h)
• Getting repairs completed. In most instances, the above-mentioned security measures are required by local building codes. Always notify the landlord if repairs are needed. If the landlord does not respond, call the City of Madison Building Inspector at (608) 266-4551
• Keys. Never label your keys or key chain with your house or unit number. If you lose them, your apartment will be at risk. Landlords are not obligated to change the locks between tenants except in special circumstances, but if you'd like the locks rekeyed and the landlord does not want to do it, you could offer to pay for the rekeying. You can ask your landlord for extra sets of keys, but you may be required to pay a small deposit.

Dealing with Problems

• Repairs and pests. If something needs fixing, contact your landlord, either in writing or with a written follow up. Based on how urgent it is, give a deadline for completion. Keep a copy for yourself for documentation. If your landlord still doesn't fix the problem, call the building inspector, or follow up again (in writing) informing them that you are going to call building inspection. The inspector will look at your apartment and order your landlord to fix any code violations. If your landlord does not complete the work order by a specified deadline, you could be eligible for rent abatement (refund). Do not start withholding rent on your own or you may be evicted! You must complete the rent abatement process with the building inspector's office before you can deduct from your rent. If you caused the damage through your action or inaction, the landlord can charge a "reasonable hourly rate" for their time, materials ,and time spent purchasing or providing materials, supervising their staff or agents, and hiring a third-party contractor. Wis. Stat. 704.07(3)(a), 2017 Wis. Act 317, Secs. 37 & 38, Effective 4/18/18. 2013 Wis. Act 76 includes language about pest control. The language does not make the tenant automatically liable for pest control, but it says that they are responsible if the pests are due to acts or inactions of the tenant. Wis. Stat. 704.07(3)(a), 2013 Wis. Act 76, Sec. 12, Effective 3/1/14.
• Emergencies. If your landlord doesn't respond and there is an emergency such as no heat, water, or electricity, calling the building inspector may be the first step (for City of Madison residents, call (608) 266-4551). You may have to make arrangements to stay elsewhere and try to fix part of the problem yourself (such as shutting off the main water valve). Building inspectors do not do repairs; they just order the landlord to do so.
• Landlord Entry. If your landlord enters without a 12-hour notice, you should write them a letter citing the dates of illegal entry as well as the law prohibiting it. If it continues, call (608) 224-4953 or (800) 422-7128 to file a complaint with Consumer Protection which will send a written warning to the landlord. You can also call your local police non-emergency number if you're home when the landlord tries to enter illegally (for City of Madison residents, call (608) 255-2345). For more information, see our Landlord Entry page. MGO 32.05(1)(d) & (e), ATCP 134.09(2), Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2, Wis. Stat. 66.0104(2)(a)4
• Retaliation. It is unlawful for any landlord to retaliate against a tenant who exercises their rights. A landlord cannot issue an eviction notice, increase rent, decrease services, or threaten not to rent or renew a lease just because you asked for repairs or called the building inspector. If you think your landlord is retaliating, call the Tenant Resource Center for more information, see our Retaliation Page, and make sure to start by putting things in writing.

Your Next Apartment

Reasons Not to Sign a New Lease Early

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

Once you sign a lease, you're stuck. Unless your landlord put illegal provisions in your lease or other special circumstances apply, you can't break a lease without consequences. There is no "3-day grace period," no medical excuse, no school transfer exception, etc. Although the landlord must attempt to re-rent the apartment after you leave, they can charge you for all expenses (except the cost of showing the apartment) incurred in doing so, plus the rent while the apartment is vacant. Subletting is an option, but you'll still be responsible for the apartment, and it can be hard to find sublessees. See Ending a Lease for more information.