Wisconsin Residential Lease Agreement
A free Wisconsin lease template, plus what Wisconsin law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Wisconsin requires
| Landlord and agent identification | At or before signing, the landlord must disclose in writing the name and address of the person authorized to collect rent and manage and maintain the premises (who can readily be contacted), and of the owner or other person authorized to accept service of process and notices, using an in-state address where process can be served in person. Changes must be mailed or delivered in writing within 10 business days. Applies to: All residential rentals except owner-occupied buildings of 4 or fewer units Source: Wis. Admin. Code ATCP 134.04(1) |
|---|---|
| Code violations and habitability defects | Before signing or taking earnest money or a security deposit, the landlord must disclose known uncorrected building or housing code violations affecting the unit or common areas that significantly threaten health or safety, and conditions it knows or could know of on reasonable inspection: no hot or cold running water; unsafe or inadequate heating (unable to keep living areas at 67 F); no electricity or unsafe wiring; structural or other substantial hazards; or plumbing or sewage facilities not in good operating condition. Applies to: All residential rentals Source: Wis. Admin. Code ATCP 134.04(2) |
| Utility charges not included in rent | Before signing or taking any deposit, the landlord must disclose if water, heat or electricity charges are not included in the rent, and, if units and common areas are not separately metered, how utility charges will be allocated among units. Applies to: All residential rentals Source: Wis. Admin. Code ATCP 134.04(3) |
| Check-in sheet | When a new tenant moves in, the landlord must provide a check-in sheet the tenant may use to note the condition of the premises, with 7 days to complete and return it (not required on renewal). Applies to: All residential tenancies except manufactured or mobile home lots Source: Wis. Stat. § 704.08 |
| Pre-existing damage and prior deductions | Before accepting a security deposit, the landlord must notify the tenant in writing that, by a stated deadline at least 7 days after the tenancy starts, the tenant may inspect and report pre-existing damage and may request a list of damages charged to the prior tenant's deposit. Applies to: Leases with a security deposit Source: Wis. Admin. Code ATCP 134.06(1) |
| Deposit receipts | Immediately on accepting earnest money or a security deposit, the landlord must give a written receipt stating the nature and amount of the deposit (not needed for a check noting its purpose unless the tenant asks); cash rent payments also require a written receipt. Applies to: All residential rentals Source: Wis. Admin. Code ATCP 134.03(2) |
Terms Wisconsin law requires or controls
| Notice of domestic abuse protections | Every residential rental agreement must include, in the agreement or an addendum, the statutory 'NOTICE OF DOMESTIC ABUSE PROTECTIONS' explaining the eviction defense for victims of domestic abuse, sexual assault or stalking, the limited right to terminate under § 704.16, and that the notice is only a summary. A lease that lets the landlord terminate for a crime related to the property without this notice is void and unenforceable. Applies to: All residential rental agreements Source: Wis. Stat. §§ 704.14, 704.44(10) |
|---|---|
| Nonstandard rental provisions | Deposit deductions beyond the standard ones (tenant damage, unpaid rent, landlord-provided utilities, certain government utility charges and municipal permit fees) are allowed only under nonstandard rental provisions given in a separate written document titled 'NONSTANDARD RENTAL PROVISIONS' and specifically identified with the tenant before signing; the tenant's signature or initials next to a provision creates a presumption of agreement. No deduction for normal wear and tear. Applies to: Leases with a security deposit Source: Wis. Stat. § 704.28(1)-(3) |
| Late fees must be in the lease | A late rent fee or penalty may be charged only as specifically provided in the rental agreement; prepaid rent must be applied first, and no fee may be charged for not paying a late fee. Applies to: All residential rental agreements Source: Wis. Admin. Code ATCP 134.09(8) |
| Automatic renewal clauses | A lease clause that automatically renews or extends the lease unless notice is given is enforceable against the tenant only if the landlord gives written notice calling the clause to the tenant's attention 15 to 30 days before the tenant's notice deadline. Applies to: Residential leases with automatic renewal Source: Wis. Stat. § 704.15 |
Clauses that are void in Wisconsin
| Retaliation for calling police or emergency help | A residential rental agreement is void and unenforceable if it allows the landlord to raise rent, cut services, sue for possession, refuse to renew, or threaten any of these because the tenant contacted law enforcement, health or safety services. Applies to: All residential rental agreements |
|---|---|
| Self-help eviction | A residential rental agreement is void if it authorizes eviction or exclusion of the tenant other than by judicial eviction under chapter 799. Applies to: All residential rental agreements Source: Wis. Stat. § 704.44(2m) |
| Rent acceleration or no duty to mitigate | A residential rental agreement is void if it accelerates rent on default or breach, or otherwise waives the landlord's duty to mitigate damages under § 704.29. Applies to: All residential rental agreements Source: Wis. Stat. § 704.44(3m) |
| Landlord's attorney fees | A residential rental agreement is void if it requires the tenant to pay the landlord's attorney fees or costs in a dispute under the agreement (court-ordered fees and costs remain possible). Applies to: All residential rental agreements Source: Wis. Stat. § 704.44(4m) |
| Confession of judgment | A residential rental agreement is void if it authorizes the landlord or its agent to confess judgment against the tenant. Applies to: All residential rental agreements Source: Wis. Stat. § 704.44(5m) |
| Landlord negligence exemption | A residential rental agreement is void if it states that the landlord is not liable for property damage or personal injury caused by the landlord's negligence. Applies to: All residential rental agreements Source: Wis. Stat. § 704.44(6) |
| Tenant liability beyond tenant's control | A residential rental agreement is void if it makes the tenant liable for personal injury from causes clearly beyond the tenant's control, or for property damage caused by natural disasters or by people other than the tenant and the tenant's guests. Applies to: All residential rental agreements Source: Wis. Stat. § 704.44(7) |
| Habitability waiver | A residential rental agreement is void if it waives the landlord's legal obligation to deliver the premises fit and habitable or to maintain them during the tenancy. Applies to: All residential rental agreements Source: Wis. Stat. § 704.44(8) |
| Evicting crime victims | A residential rental agreement is void if it lets the landlord end the tenancy solely because a crime was committed on the property when the tenant or a lawful co-occupant was the victim. Applies to: All residential rental agreements Source: Wis. Stat. § 704.44(9) |
Format and delivery rules
| Show and copy the lease and rules | Written rental agreements and landlord rules must be furnished to prospective tenants for inspection before the agreement is signed and before any earnest money or security deposit is accepted, and copies must be given to the tenant at the time of agreement. Applies to: All written residential rental agreements Source: Wis. Admin. Code ATCP 134.03(1) |
|---|---|
| Separate nonstandard provisions document | Nonstandard deposit-deduction provisions must be in a separate document titled 'NONSTANDARD RENTAL PROVISIONS', ideally with the tenant's signature or initials next to each provision. Applies to: Leases with nonstandard deposit deductions Source: Wis. Stat. § 704.28(2) |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Wisconsin law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Wisconsin law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Wisconsin law (Wis. Admin. Code ATCP 134.09(8)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount] (Wisconsin law sets no maximum; Wis. Admin. Code ATCP 134.06; Wis. Stat. § 704.28). Landlord will return it, minus lawful deductions with any required itemized list, within the time Wisconsin law sets (Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06(2)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Wisconsin law requires (Wis. Admin. Code ATCP 134.09(2); Wis. Stat. § 704.05(2)), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Wisconsin law requires.
14. Notice of domestic abuse protections. (Write this clause to meet Wisconsin law: see "Notice of domestic abuse protections" above (Wis. Stat. §§ 704.14, 704.44(10)).)
15. Nonstandard rental provisions. (Write this clause to meet Wisconsin law: see "Nonstandard rental provisions" above (Wis. Stat. § 704.28(1)-(3)).)
16. Late fees must be in the lease. (Write this clause to meet Wisconsin law: see "Late fees must be in the lease" above (Wis. Admin. Code ATCP 134.09(8)).)
17. Automatic renewal clauses. (Write this clause to meet Wisconsin law: see "Automatic renewal clauses" above (Wis. Stat. § 704.15).)
18. Disclosures attached. Landlord has given Tenant these disclosures required by Wisconsin law: Landlord and agent identification; Code violations and habitability defects; Utility charges not included in rent; Check-in sheet; Pre-existing damage and prior deductions; Deposit receipts. [Attach each one.]
19. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
20. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
Lease agreement templates for other states · Wisconsin landlord-tenant law · More templates
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.