Wisconsin Lease Agreement Create a Wisconsin Lease Agreement

Wisconsin Lease Agreement

Published Dec 15, 2025
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A Wisconsin Lease Agreement is a binding contract between a landlord and tenant that establishes the terms for renting residential property in the state.

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WISCONSIN LEASE AGREEMENT

This Residential Lease Agreement (the "Agreement") is entered into on (the "Effective Date"), by and between:

LANDLORD:

Mailing Address:

AND

TENANT(S):
1.

I. PREMISES

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the residential property located at the following address (the "Premises"):

Street Address:
City:
State: Wisconsin
Zip Code:
Unit Number (if applicable):

The Premises includes the following fixtures and appliances:

II. TERM OF LEASE

The term of this Agreement shall be (check one):

III. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

Rent is due on the day of each month.

Rent shall be paid by the following method(s):





Payment Address (if different from Landlord's mailing address):

Late Fee: If rent is not received by the day of the month, the Tenant agrees to pay a late fee of $. (Note: Late fees must be reasonable under Wisconsin law).

IV. SECURITY DEPOSIT

The Tenant agrees to pay a security deposit in the amount of $ to be held by the Landlord.

Return of Deposit: In accordance with Wis. Admin. Code § ATCP 134.06, the Landlord shall return the security deposit, less any amounts withheld, within twenty-one (21) days after the Tenant surrenders the Premises.

Deductions: The Landlord may withhold from the security deposit only for the following reasons:
1. Tenant damage, waste, or neglect of the Premises (normal wear and tear excluded).
2. Unpaid rent or utility services for which the Tenant is legally responsible.
3. Nonstandard rental provisions defined in a separate written document entitled "Nonstandard Rental Provisions" (if applicable).

V. CHECK-IN SHEET

Pursuant to Wis. Admin. Code § ATCP 134.06(1), the Landlord has provided or will provide the Tenant with a check-in sheet/inventory form at the time the Tenant commences occupancy. The Tenant shall have seven (7) days from the date of occupancy to complete the check-in sheet and return it to the Landlord to document existing damages or defects.

VI. UTILITIES AND SERVICES

Responsibility for payment of utilities and services shall be as follows (select responsible party):

Electricity:


Gas/Heat:

Water/Sewer:

Trash Collection:

Cable/Internet:

Snow Removal:

Lawn Care:

VII. USE OF PREMISES

The Premises shall be used exclusively as a private residence for the Tenant(s) listed in this Agreement and the following minor children/occupants:

Guests: Guests may stay on the Premises for no more than consecutive days or days in a six-month period without prior written consent from the Landlord.

VIII. MAINTENANCE AND REPAIRS

Landlord's Obligations: Pursuant to Wis. Stat. § 704.07, the Landlord shall keep the structure of the building and all systems (plumbing, electrical, heating) in a reasonable state of repair and comply with all applicable health and safety laws.

Tenant's Obligations: The Tenant shall maintain the Premises in a clean and sanitary condition, prevent damage to the Premises, and promptly notify the Landlord of any necessary repairs. The Tenant is responsible for minor repairs and damages caused by the Tenant's negligence or misuse.

IX. RIGHT OF ENTRY

In accordance with Wis. Admin. Code § ATCP 134.09(2), the Landlord may enter the Premises at reasonable times to inspect, make repairs, or show the Premises to prospective tenants or purchasers.

Notice: The Landlord shall give the Tenant at least (recommended 12-24) hours' advance notice before entry, except in cases of emergency or if the Tenant consents to entry on shorter notice.

X. PETS

XI. STATUTORY NOTICE OF DOMESTIC ABUSE PROTECTIONS

NOTICE OF DOMESTIC ABUSE PROTECTIONS
(As required by Wis. Stat. § 704.14)

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:
1. Sought an injunction barring the person from the premises.
2. 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.

XII. ABANDONED PROPERTY

If the Tenant vacates the Premises and leaves personal property behind, the Landlord may dispose of the property in accordance with Wis. Stat. § 704.05(5) and any separate "Nonstandard Rental Provisions" agreement regarding abandoned property. If no such separate agreement exists, the Landlord will store property of value (except for medical items) and provide notice to the Tenant, unless the Landlord chooses to dispose of it as allowed by law for property of negligible value.

XIII. LEAD-BASED PAINT DISCLOSURE

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly.

The Premises was built:

XIV. DEFAULT AND TERMINATION

If the Tenant fails to pay rent or violates any other term of this Agreement, the Landlord may terminate this tenancy in accordance with Wisconsin law (Wis. Stat. § 704.17).

1. Failure to Pay Rent: If the Tenant fails to pay rent when due, the Landlord may provide a Notice to Pay or Vacate as permitted by statute based on the length of the lease term.

2. Other Violations: If the Tenant breaches other terms of this lease, the Landlord may provide a Notice to Cure or Vacate as permitted by statute.

XV. ADDITIONAL PROVISIONS

Additional terms and conditions:

XVI. ENTIRE AGREEMENT

This Agreement, along with any attachments (Check-in Sheet, Nonstandard Rental Provisions, Lead Disclosure), constitutes the entire agreement between the parties. No oral agreements have been made. This Agreement may only be amended in writing signed by both parties.

XVII. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin.

SIGNATURES

LANDLORD:
Signature: _________________________
Print Name: _______________
Date:
Address: _______________

TENANT(S):

Signature: _________________________
Print Name: _______________
Date:

What is a Wisconsin Lease Agreement?

A Wisconsin Lease Agreement is a legally binding contract entered into by a landlord and a tenant to outline the terms and conditions associated with renting a property within the state. This document serves to establish the specific rights, responsibilities, and obligations of both parties, ensuring that the tenancy complies with state property laws and regulations. It typically includes essential details such as the monthly rental amount, payment schedules, security deposit specifications, rules regarding property use, and the duration of the occupancy. Both residential and commercial entities utilize this agreement to secure their interests and provide a clear framework for the landlord-tenant relationship.

Legal Framework and Statutory Requirements

Landlord-tenant relationships in Wisconsin are primarily governed by Chapter 704 of the Wisconsin Statutes and Chapter ATCP 134 of the Wisconsin Administrative Code. These laws establish the baseline requirements for rental agreements and override any lease terms that attempt to waive statutory rights. For instance, the state prohibits provisions that allow a landlord to evict a tenant without the judicial process or those that force a tenant to pay the landlord's legal fees in disputes where the tenant prevails. A Wisconsin Lease Agreement must adhere to these statutes to be considered enforceable in a court of law.

Security Deposit Regulations

The handling of security deposits is strictly regulated under Wisconsin Administrative Code Chapter ATCP 134. Unlike some states, Wisconsin does not impose a statutory limit on the amount a landlord can charge for a security deposit. However, the law mandates strict protocols for the return of these funds. Landlords are required to return the security deposit, minus any allowable deductions for damage or unpaid rent, within 21 days after the tenant surrenders the premises. If deductions are made, the landlord must provide a written statement itemizing the physical damages or other reasons for withholding funds. Failure to comply with these timing and reporting requirements can result in the landlord being liable for double the amount of the security deposit plus legal fees.

Mandatory Disclosures

To ensure transparency and validity, a Wisconsin Lease Agreement must contain specific disclosures required by state law. Before entering into a rental agreement or accepting a deposit, landlords must disclose certain conditions affecting the habitability of the property.

  • Code Violations: Landlords must disclose any uncorrected building or housing code violations that present a significant threat to the prospective tenant's health or safety.
  • Shared Utilities: If the dwelling unit lacks a separate utility meter and charges are not included in the rent, the landlord must disclose how utility charges will be calculated and allocated among tenants.
  • Domestic Abuse Protections: Leases must include specific statutory language informing tenants of their rights to terminate the tenancy if they face an imminent threat of serious physical harm, as outlined in Wis. Stat. § 704.16.

Right of Entry and Tenant Privacy

Wisconsin law balances the landlord's property rights with the tenant's right to exclusive possession. Under standard regulations, a landlord must provide at least 12 hours of advance notice before entering the rental unit for inspections, repairs, or showings. Entry must occur at reasonable times. The only exceptions to the notice requirement are in cases of emergency where immediate access is necessary to protect the property or occupants from harm. The lease document often reiterates these state standards to prevent disputes regarding privacy and access.

Essential Elements of a Valid Wisconsin Lease

For a rental contract to be effective and legally robust, it should contain comprehensive details regarding the tenancy. Missing information can lead to ambiguity and legal challenges.

  • Parties Involved: The full legal names of the landlord and all adult tenants responsible for the lease.
  • Property Description: The complete address of the rental unit, including apartment numbers where applicable.
  • Term of Tenancy: Clear start and end dates for fixed-term leases, or the commencement date for month-to-month arrangements.
  • Rent Specifics: The amount of rent, the due date, acceptable payment methods, and the address where rent should be sent.
  • Security Deposit: The amount collected and the terms for its return.
  • Signatures: Dated signatures from the landlord and all named tenants to signify mutual assent.

Termination and Eviction Procedures

The process for terminating a lease depends on the type of tenancy and the reason for termination. For month-to-month tenancies, either party typically must provide a 28-day written notice to terminate the arrangement. In cases of lease violations, such as non-payment of rent, Wisconsin law prescribes specific notice periods. For example, a landlord may issue a 5-Day Notice to Pay or Quit for unpaid rent. If the tenant fails to remedy the situation, the landlord may proceed with an eviction lawsuit in small claims court. It is illegal for landlords to engage in "self-help" evictions, such as changing locks or removing tenant property, without a court order.

Frequently Asked Questions

While oral agreements for tenancies of less than one year are legally valid, a written lease is highly recommended. Agreements for terms exceeding one year must be in writing to be enforceable under the Statute of Frauds.
Wisconsin law does not place a specific cap on late fees, but they must be reasonable and explicitly stated in the lease agreement. Courts may invalidate fees deemed excessive or punitive rather than compensatory.
Generally, tenants in Wisconsin are not permitted to unilaterally withhold rent for minor repairs. However, under specific abatement laws (Wis. Stat. § 704.07), a tenant may abate a portion of the rent if the property becomes untenantable due to damage not caused by the tenant.
For month-to-month tenancies, landlords must provide at least 28 days' written notice before increasing the rent. For fixed-term leases, rent cannot be increased during the lease term unless the agreement explicitly allows it.
Yes, landlords may charge pet fees or require a pet deposit. These terms must be agreed upon within the lease document, and the deposit rules generally follow the same regulations as standard security deposits.
If a tenant breaks a lease, they may be liable for the remaining rent. However, Wisconsin landlords have a "duty to mitigate," meaning they must make reasonable efforts to re-rent the unit to reduce the financial burden on the vacating tenant.

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