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AGRICULTURE, TRADE AND CONSUMER PROTECTION

ATCP 134.03

Chapter ATCP 134

RESIDENTIAL RENTAL PRACTICES
ATCP 134.01
ATCP 134.02
ATCP 134.03
ATCP 134.04
ATCP 134.05

Scope and application.

Definitions.
Rental agreements and receipts.
Disclosure requirements.
Earnest money deposits and credit check fees.

Note: Chapter Ag 134 was renumbered chapter ATCP 134 under s. 13.93 (2m) (b)
1., Stats., Register, April, 1993, No. 448.
Note: This chapter is adopted under authority of s. 100.20 (2), Stats., and is administered by the Wisconsin department of agriculture, trade and consumer protection.
Violations of this chapter may be prosecuted under s. 100.20 (6), 100.26 (3) or (6),
Stats. A person who suffers a monetary loss because of a violation of this chapter may
sue the violator directly under s. 100.20 (5), Stats., and may recover twice the amount
of the loss, together with costs and reasonable attorneys fees.

ATCP 134.01 Scope and application. This chapter is

adopted under authority of s. 100.20, Stats. This chapter applies
to the rental of dwelling units located in this state, but does not
apply to the rental or occupancy of any of the following:
(1) A dwelling unit operated by a public or private institution
if occupancy is incidental to detention or the provision of medical,
geriatric, educational, counseling, religious or similar services.
(2) A dwelling unit occupied by a member of a fraternal or
social organization which operates that dwelling unit.
(3) A dwelling unit occupied, under a contract of sale, by the
purchaser of the dwelling unit or the purchasers successor in
interest.
(4) A dwelling unit, such as a dwelling unit in a hotel, motel
or boarding house, that is being rented only by tourist or transient
occupants.
(5) A dwelling unit which the landlord provides free of charge
to any person, or which the landlord provides as consideration to
a person whom the landlord currently employs to operate or maintain the premises.
(6) A dwelling unit occupied by a tenant who is engaged in
commercial agricultural operations on the premises.
(7) A dwelling unit owned and operated by government, or a
subdivision or agency of government.
History: Cr. Register, February, 1980, No. 290, eff. 5180; am. (intro.), (1) to
(6), Register, December, 1998, No. 516, eff. 1199; am. (7), Register, June, 1999,
No. 522, eff. 7199.

ATCP 134.02 Definitions. (1) Building and housing

codes means laws, ordinances, or governmental regulations concerning the construction, maintenance, habitability, operation,
occupancy, use or appearance of any premises or dwelling unit.
(1m) Consumer credit report has the meaning given for
consumer report in 15 USC 1681a(d).
(1r) Consumer reporting agency that compiles and maintains
files on consumers on a nationwide basis has the meaning given
in 15 USC 1681a(p), and includes the agencys contract affiliates.
(2) Dwelling unit means a structure or that part of a structure
that is primarily used as a home, residence, or place of abode. The
term includes a manufactured home or manufactured home site as
defined in s. ATCP 125.01 (1s) and (7).
(3) Earnest money deposit means the total of any payments
or deposits, however denominated or described, given by a prospective tenant to a landlord in return for the option of entering
into a rental agreement in the future, or for having a rental agreement considered by a landlord. Earnest money deposit does not
include a fee which a landlord charges for a credit check in compliance with s. ATCP 134.05 (3).

ATCP 134.06
ATCP 134.07
ATCP 134.08
ATCP 134.09
ATCP 134.10

Security deposits.
Promises to repair.
Prohibited rental agreement provisions.
Prohibited practices.
Effect of rules on local ordinances.

(5) Landlord means the owner or lessor of a dwelling unit

under any rental agreement, and any agent acting on the owners
or lessors behalf. The term includes sublessors, other than persons subleasing individual units occupied by them.
(6) Lease means a lease as defined in s. 704.01 (1), Stats.
(7) Owner means one or more persons, jointly or severally,
vested with all or part of the legal title to the premises or all or part
of the beneficial ownership and right to present use and enjoyment
of the premises. The term includes a mortgagee in possession.
(8) Person means an individual, partnership, corporation,
association, estate, trust, and any other legal or business entity.
(9) Premises means a dwelling unit and the structure of
which it is a part and all appurtenances, grounds, areas, furnishings and facilities held out for the use or enjoyment of the tenant
or tenants generally.
(10) Rental agreement means an oral or written agreement,
for the rental or lease of a specific dwelling unit or premises, in
which the landlord and tenant agree on essential terms of tenancy
such as rent. Rental agreement includes a lease. Rental agreement does not include an agreement to enter into a rental agreement in the future.
Note: By approving an individual as a prospective tenant, a landlord does not necessarily enter into a rental agreement with that individual, or viceversa. A rental
agreement: (creating a tenancy interest in real estate) arises only after the parties
agree on the essential terms of tenancy, including the specific dwelling unit which the
tenant will occupy and the amount of rent which the tenant will pay for that dwelling
unit.

(11) Security deposit means the total of all payments and

deposits given by a tenant to the landlord as security for the performance of the tenants obligations, and includes all rent payments
in excess of 1 months prepaid rent.
(12) Tenant means a person occupying, or entitled to present or future occupancy of a dwelling unit under a rental agreement, and includes persons occupying dwelling units under periodic tenancies and tenancies at will. The term applies to persons
holding over after termination of tenancy until removed from the
dwelling unit by sheriffs execution of a judicial writ of restitution
issued under s. 799.44, Stats. It also applies to persons entitled to
the return of a security deposit, or an accounting for the security
deposit.
(13) Tenancy means occupancy, or a right to present occupancy under a rental agreement, and includes periodic tenancies
and tenancies at will. The term does not include the occupancy of
a dwelling unit without consent of the landlord after expiration of
a lease or termination of tenancy under ch. 704, Stats.
(14) Tourist or transient occupants means tourists or other
persons who occupy a dwelling unit for less than 60 days while
traveling away from their permanent place of residence.
History: Cr. Register, February, 1980, No. 290, eff. 5180; am. (2), Register,
February, 1987, No. 374, eff. 3187; correction in (12) made under s. 13.93 (2m)
(b) 7, Stats., Register, April, 1993, No. 448; cr. (1m), (1r) and (14), am. (3) and (10),
r. (4), Register, December, 1998, No. 516, eff. 1199; CR 13027: am. (2) Register
December 2013 No. 696, eff. 1114.

ATCP 134.03 Rental agreements and receipts.

(1) COPIES OF RENTAL AGREEMENTS, RULES. Rental agreements
and rules and regulations established by the landlord, if in writing,
shall be furnished to prospective tenants for their inspection

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ATCP 134.03

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before a rental agreement is entered into, and before any earnest

money or security deposit is accepted from the prospective tenant.
Copies shall be given to the tenant at the time of agreement.
(2) RECEIPTS FOR TENANT PAYMENTS. (a) Immediately upon
accepting any earnest money or security deposit, the landlord
shall provide the tenant or prospective tenant with a written
receipt for the deposit, stating the nature of the deposit and its
amount. A receipt is not required where payment is made by
check bearing a notation describing the purpose for which it was
given, unless requested by the tenant.
(b) If a tenant pays rent in cash, the landlord upon receiving the
cash payment shall provide the tenant with a written receipt stating the nature and amount of the payment. A landlord is not
required to provide a receipt for rent payments made by check.

injury as a result of any reasonably foreseeable use of the premises

other than negligent use or abuse of the premises by the tenant.
5. The dwelling unit is not served by plumbing facilities in
good operating condition.
6. The dwelling unit is not served by sewage disposal facilities in good operating condition.
(3) UTILITY CHARGES. If charges for water, heat or electricity
are not included in the rent, the landlord shall disclose this fact to
the tenant before entering into a rental agreement or accepting any
earnest money or security deposit from the prospective tenant. If
individual dwelling units and common areas are not separately
metered, and if the charges are not included in the rent, the landlord shall disclose the basis on which charges for utility services
will be allocated among individual dwelling units.

History: Cr. Register, February, 1980, No. 290, eff. 5180; renum. (2) to be (2)
(a), cr. (2) (b), Register, December, 1998, No. 516, eff. 1199.

Note: A sample form which landlords may use to make the disclosures required
under s. ATCP 134.04 is contained in the department publication, Landlords and
Tenants The Wisconsin Way. You may obtain a copy of this publication by calling
the departments tollfree Consumer Hotline, 18004227128, or by sending a
written request to:
Division of Trade and Consumer Protection
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 537088911
History: Cr. Register, February, 1980, No. 290, eff. 5180; am. (1) (b), (2) (b)
1. and 2., cr. (2) (b) 5. and 6., Register, December, 1998, No. 516, eff. 1199.

ATCP 134.04 Disclosure requirements. (1) IDENTIFI(a) The landlord

shall, except as provided under par. (c), disclose to the tenant in
writing, at or before the time a rental agreement is entered into, the
name and address of:
1. The person or persons authorized to collect or receive rent
and manage and maintain the premises, and who can readily be
contacted by the tenant; and
2. The owner of the premises or other person authorized to
accept service of legal process and other notices and demands on
behalf of the owner. The address disclosed under this subdivision
shall be an address within the state at which service of process can
be made in person.
(b) A landlord shall keep tenants informed of changes, if any,
in the information required under par. (a). The landlord shall mail
or deliver written notice of each change within 10 business days
after the change occurs.
(c) This subsection does not apply to an owneroccupied
structure containing no more than 4 dwelling units.
(2) CODE VIOLATIONS AND CONDITIONS AFFECTING HABITABILITY. Before entering into a rental agreement or accepting any earnest money or security deposit from the prospective tenant, the
landlord shall disclose to the prospective tenant:
(a) All uncorrected building and housing code violations of
which the landlord has received notice from code enforcement
authorities, and which affect the individual dwelling unit and
common areas of the premises. Disclosure shall be made by
exhibiting to the prospective tenant those portions of the building
and housing code notices or orders which have not been fully
complied with. Code violations shall not be considered corrected
until their correction has been reported to code enforcement
authorities.
(b) The following conditions affecting habitability, the existence of which the landlord knows or could know on basis of reasonable inspection, whether or not notice has been received from
code enforcement authorities:
1. The dwelling unit lacks hot or cold running water.
2. Heating facilities serving the dwelling unit are not in safe
operating condition, or are not capable of maintaining a temperature, in all living areas of the dwelling unit, of at least 67_ F (19_
C) during all seasons of the year in which the dwelling unit may
be occupied. Temperatures in living areas shall be measured at the
approximate center of the room, midway between floor and ceiling.
3. The dwelling unit is not served by electricity, or the electrical wiring, outlets, fixtures or other components of the electrical
system are not in safe operating condition.
4. Any structural or other conditions in the dwelling unit or
premises which constitute a substantial hazard to the health or
safety of the tenant, or create an unreasonable risk of personal
CATION OF LANDLORD OR AUTHORIZED AGENTS.

ATCP 134.05 Earnest money deposits and credit

check fees. (1) ACCEPTING AN EARNEST MONEY DEPOSIT. A
landlord may not accept an earnest money deposit or security
deposit from a rental applicant until the landlord identifies to the
applicant the dwelling unit or units for which that applicant is
being considered for tenancy.
Note: A credit check fee authorized under sub. (4) is not an earnest money
deposit or a security deposit. See definition of earnest money deposit under s.
ATCP 134.02(3).
(2) REFUNDING OR CREDITING AN EARNEST MONEY DEPOSIT. (a)

A landlord who receives an earnest money deposit from a rental

applicant shall send the full deposit to the applicant by firstclass
mail, or shall deliver the full deposit to the applicant, by the end
of the next business day after any of the following occurs:
1. The landlord rejects the rental application or refuses to
enter into a rental agreement with the applicant.
2. The applicant withdraws the rental application before the
landlord accepts that application.
3. The landlord fails to approve the rental application by the
end of the third business day after the landlord accepts the applicants earnest money deposit, or by a later date to which the tenant
agrees in writing. The later date may not be more than 21 calendar
days after the landlord accepts the earnest money deposit.
(b) A landlord who receives an earnest money deposit from a
rental applicant shall do one of the following if the landlord enters
into a rental agreement with that applicant:
1. Apply the earnest money deposit as rent or as a security
deposit.
2. Return the earnest money deposit to the tenant.
(c) A person giving an earnest money deposit to a landlord
does not waive his or her right to the full refund or credit owed
under par. (a) or (b) merely by accepting a partial payment or
credit of that amount.
(3) WITHHOLDING AN EARNEST MONEY DEPOSIT. (a) A landlord
may withhold from a properly accepted earnest money deposit if
the prospective tenant fails to enter into a rental agreement after
being approved for tenancy, unless the landlord has significantly
altered the rental terms previously disclosed to the tenant.
(b) A landlord may withhold from an earnest money deposit,
under par. (a), an amount sufficient to compensate the landlord for
actual costs and damages incurred because of the prospective tenants failure to enter into a rental agreement. The landlord may not
withhold for lost rents unless the landlord has made a reasonable
effort to mitigate those losses, as provided under s. 704.29, Stats.

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Note: See Pierce v. Norwick, 202 Wis. 2d 588 (1996), regarding the award of damage claims for failure to comply with provisions of this chapter related to security
deposits. The same method of computing a tenants damages may apply to violations
related to earnest money deposits.

(4) CREDIT CHECK FEE. (a) Except as provided under par. (b),
a landlord may require a prospective tenant to pay the landlords
actual cost, up to $20, to obtain a consumer credit report on the
prospective tenant from a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis. The
landlord shall notify the prospective tenant of the charge before
requesting the consumer credit report, and shall provide the prospective tenant with a copy of the report.
(b) A landlord may not require a prospective tenant to pay for
a consumer credit report under par. (a) if, before the landlord
requests a consumer credit report, the prospective tenant provides
the landlord with a consumer credit report, from a consumer credit
reporting agency that compiles and maintains files on consumers
on a nationwide basis that is less than 30 days old.
Note: Paragraph (b) does not prohibit a landlord from obtaining a more current
consumer credit check at the landlords expense.
History: Cr. Register, February, 1980, No. 290, eff. 5180; reprinted to correct
error in (1) (a), Register, March, 1984, No.339; r. and recr., Register, December, 1998,
No 516, eff. 1199.

ATCP 134.06 Security deposits. (1) CHECKIN PROCE(a) Before a landlord accepts a
security deposit, or converts an earnest money deposit to a security deposit under s. ATCP 134.05, the landlord shall notify the
tenant in writing that the tenant may do any of the following by a
specified deadline date which is not less than 7 days after the start
of tenancy:
1. Inspect the dwelling unit and notify the landlord of any preexisting damages or defects.
2. Request a list of physical damages or defects, if any,
charged to the previous tenants security deposit. The landlord
may require the tenant to make this request, if any, in writing.
(b) If a tenant makes a request under par. (a) 2., the landlord
shall provide the tenant with a list of all physical damages or
defects charged to the previous tenants security deposit, regardless of whether those damages or defects have been repaired. The
landlord shall provide the list within 30 days after the landlord
receives the request, or within 7 days after the landlord notifies the
previous tenant of the security deposit deductions, whichever
occurs later. The landlord may explain that some or all of the listed
damages or defects have been repaired, if that is the case. The
landlord need not disclose the previous tenants identity, or the
amounts withheld from the previous tenants security deposit.
(2) RETURNING SECURITY DEPOSITS. (a) Within 21 days after
a tenant surrenders the rental premises, the landlord shall deliver
or mail to the tenant the full amount of any security deposit held
by the landlord, less any amounts properly withheld by the landlord under sub. (3).
DURES; PREEXISTING DAMAGES.

Note: A rent payment in excess of one months prepaid rent is considered a security deposit as defined under s. ATCP 134.02 (11). This chapter does not prevent
a landlord from collecting more than one months prepaid rent. However, If the landlord holds any rent prepayment in excess of one months prepaid rent. However, if
the landlord holds any rent prepayment in excess of one months prepaid rent when
the tenant surrenders the premises, the landlord must treat that excess as a security
deposit under sub. (2).
Note: See Pierce v. Norwick, 202 Wis. 2d 588 (1996), regarding the award of damage claims for failure to comply with provisions of this chapter related to security
deposits and earnest money deposits.

(b) A tenant surrenders the premises under par. (a) on the last
day of tenancy provided under the rental agreement, except that:
1. If the tenant vacates before the last day of tenancy provided
under the rental agreement, and gives the landlord written notice
that the tenant has vacated, surrender occurs when the landlord
receives the written notice that the tenant has vacated. If the tenant
mails the notice to the landlord, the landlord is deemed to receive
the notice on the second day after mailing.

ATCP 134.06

2. If the tenant vacates the premises after the last day of tenancy provided under the rental agreement, surrender occurs when
the landlord learns that the tenant has vacated.
3. If the tenant is evicted, surrender occurs when a writ of restitution is executed, or the landlord learns that the tenant has
vacated, whichever occurs first.
(c) If a tenant surrenders the premises without leaving a forwarding address, the landlord may mail the security deposit to the
tenants last known address.
(d) If a landlord returns a security deposit in the form of a
check, draft or money order, the landlord shall make the check,
draft or money order payable to all tenants who are parties to the
rental agreement, unless the tenants designate a payee in writing.
(e) A tenant does not waive his or her right to the full amount
owed under par. (a) merely by accepting a partial payment of that
amount.
(3) SECURITY DEPOSIT WITHHOLDING; RESTRICTIONS. (a) A
landlord may withhold from a tenants security deposit only for
the following:
1. Tenant damage, waste or neglect of the premises.
2. Unpaid rent for which the tenant is legally responsible, subject to s. 704.29, Stats.
3. Payment which the tenant owes under the rental agreement
for utility service provided by the landlord but not included in the
rent.
4. Payment which the tenant owes for direct utility service
provided by a governmentowned utility, to the extent that the
landlord becomes liable for the tenants nonpayment.
5. Unpaid mobile home parking fees which a local unit of
government has assessed against the tenant under s. 66.0435 (3),
Stats., to the extent that the landlord becomes liable for the tenants nonpayment.
6. Other reasons authorized in the rental agreement according
to par. (b).
(b) A rental agreement may include one or more nonstandard
rental provisions which authorize a landlord to withhold from a
tenants security deposit for reasons not identified under par. (a).
The landlord shall include the nonstandard provisions, if any, in
a separate written document entitled NONSTANDARD
RENTAL PROVISIONS which the landlord provides to the
tenant. The landlord shall specifically identify and discuss each
nonstandard provision with the tenant before the tenant enters into
any rental agreement with the landlord. If the tenant signs or initials a nonstandard rental provision, it is rebuttably presumed that
the landlord has specifically identified and discussed that nonstandard provision with the tenant, and that the tenant has agreed
to it.
Note: The separate written document under par. (b) may be preprinted.

(c) This subsection does not authorize a landlord to withhold

a security deposit for normal wear and tear, or for other damages
or losses for which the tenant cannot reasonably be held responsible under applicable law.
Note: For example, a landlord may not withhold from tenants security deposit for
routine painting or carpet cleaning, where there is no unusual damage caused by tenant abuse.

(4) SECURITY DEPOSIT WITHHOLDING; STATEMENT OF CLAIMS.

(a) If any portion of a security deposit is withheld by a landlord,
the landlord shall, within the time period and in the manner specified under sub. (2), deliver or mail to the tenant a written statement
accounting for all amounts withheld. The statement shall describe
each item of physical damages or other claim made against the
security deposit, and the amount withheld as reasonable compensation for each item or claim.
(b) No landlord may intentionally misrepresent or falsify any
claim against a security deposit, including the cost of repairs, or

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ATCP 134.06

WISCONSIN ADMINISTRATIVE CODE

withhold any portion of a security deposit pursuant to an intentionally falsified claim.

(5) TENANT FAILURE TO LEAVE FORWARDING ADDRESS. A landlord who has otherwise complied with this section shall not be
considered in violation solely because the postal service has been
unable to complete mail delivery to the person addressed. This
subsection does not affect any other rights that a tenant may have
under law to the return of a security deposit.
Note: Deliver includes delivery by an agent of the landlord such as a private
courier service.
History: Cr. Register, February, 1980, No. 290, eff. 5180; r. and recr. (1) to (3),
Register, December, 1998, No. 516, eff. 1199; correction in (1) (a) (intro.) made
under s. 13.93 (2m) (b) 7., Stats., Register, June, 1999, No. 522; correction in (3) (a)
5. made under s. 13.93 (2m) (b) 7., Stats., Register October 2004 No. 586.

ATCP 134.07 Promises to repair. (1) DATE OF COMPLEEvery promise or representation made by a landlord to a tenant or prospective tenant to the effect that the dwelling unit or any
other portion of the premises, including furnishings or facilities,
will be cleaned, repaired or otherwise improved by the landlord
shall specify the date or time period on or within which the cleaning, repairs or improvements are to be completed.
(2) INITIAL PROMISES IN WRITING. All promises made before
the initial rental agreement shall be in writing with a copy furnished to the tenant.
(3) PERFORMANCE; UNAVOIDABLE DELAYS. No landlord shall
fail to complete the promised cleaning, repairs or improvements
on the date or within the time period represented under sub. (1),
unless the delay is for reason of labor stoppage, unavailability of
supplies or materials, unavoidable casualties, or other causes
beyond the landlords control. The landlord shall give timely
notice to the tenant of reasons beyond the landlords control for
any delay in performance, and stating when the cleaning, repairs
or improvements will be completed.
TION.

History: Cr. Register, February, 1980, No. 290, eff. 5180.

ATCP 134.08 Prohibited rental agreement provisions. No rental agreement may:

(1) Authorize the eviction or exclusion of a tenant from the
premises, other than by judicial eviction procedures as provided
under ch. 799, Stats.
(2) Provide for an acceleration of rent payments in the event
of tenant default or breach of obligations under the rental agreement, or otherwise purport to waive the landlords obligation to
mitigate damages as provided under s. 704.29, Stats.
(3) Require payment, by the tenant, of attorneys fees or costs
incurred by the landlord in any legal action or dispute arising
under the rental agreement. This does not prevent the recovery of
costs or attorneys fees by a landlord or tenant pursuant to a court
order under ch. 799 or 814, Stats.
(4) Authorize the landlord or any agent of the landlord to confess judgment against the tenant in any action arising under the
rental agreement.
(5) Relieve, or purport to relieve the landlord from liability for
property damage or personal injury caused by negligent acts or
omissions of the landlord. This does not affect ordinary maintenance obligations assumed by a tenant under a rental agreement,
in accordance with sub. (7) and s. 704.07, Stats.
(6) Impose, or purport to impose liability on a tenant for:
(a) Personal injury arising from causes clearly beyond the tenants control.
(b) Property damage caused by natural disasters, or by persons
other than the tenant or the tenants guests or invitees. This does
not affect ordinary maintenance obligations assumed by a tenant
under the rental agreement, in accordance with sub. (7) and s.
704.07, Stats.

792

(7) Waive any statutory or other legal obligation on the part of

the landlord to deliver the premises in a fit or habitable condition,
or maintain the premises during tenancy.
History: Cr. Register, February, 1980, No. 290, eff. 5180; correction in (1) and
(3) made under s. 13.93 (2m), (b) 7., Stats., Register, August, 1990, No. 416; am. (7),
Register, December, 1998, No. 516, eff. 1199.

ATCP 134.09

Prohibited practices. (1) ADVERTISING

No landlord may rent or
advertise for rent any premises which have been placarded and
condemned for human habitation, or on which a notice of intent
to placard and condemn, or an order to raze, or to rehabilitate or
raze, or any similar order has been received under state or local
laws or ordinances, until and unless all repairs required to bring
the property into compliance with the laws or ordinances have
been completed.
(2) UNAUTHORIZED ENTRY. (a) Except as provided under par.
(b) or (c), no landlord may do any of the following:
1. Enter a dwelling unit during tenancy except to inspect the
premises, make repairs, or show the premises to prospective tenants or purchasers, as authorized under s. 704.05 (2), Stats. A
landlord may enter for the amount of time reasonably required to
inspect the premises, make repairs, or show the premises to prospective tenants or purchasers.
2. Enter a dwelling unit during tenancy except upon advance
notice and at reasonable times. Advance notice means at least 12
hours advance notice unless the tenant, upon being notified of the
proposed entry, consents to a shorter time period.
(b) Paragraph (a) does not apply to an entry if any of the following applies:
1. The tenant, knowing the proposed time of entry, requests
or consents in advance to the entry.
2. A health or safety emergency exists.
3. The tenant is absent and the landlord reasonably believes
that entry is necessary to protect the premises from damage.
(c) A rental agreement may include a nonstandard rental provision authorizing a landlord to enter a tenants dwelling unit at reasonable times, under circumstances not authorized under par. (a)
or (b). The landlord shall include the nonstandard provision, if
any, in a separate written document entitled NONSTANDARD
RENTAL PROVISIONS which the landlord provides to the
tenant. The landlord shall specifically identify and discuss the
nonstandard provision with the tenant before the tenant enters into
any rental agreement with the landlord. If the tenant signs or initials the nonstandard rental provision, it is rebuttably presumed
that the landlord has specifically identified and discussed that
nonstandard provision with the tenant, and that the tenant has
agreed to it.
OR RENTAL OF CONDEMNED PREMISES.

Note: The separate written document under par. (c) may be preprinted.

(d) No landlord may enter a dwelling unit during tenancy without first announcing his or her presence to persons who may be
present in the dwelling unit, and identifying himself or herself
upon request.
Note: For example, a landlord may announce his or her presence by knocking or
ringing the doorbell. If anyone is present in the dwelling unit, the landlord must then
identify himself or herself upon request.

(3) AUTOMATIC LEASE RENEWAL WITHOUT NOTICE. No landlord

shall enforce, or attempt to enforce, an automatic renewal or
extension provision in any lease unless, as provided under s.
704.15, Stats., the tenant was given separate written notice of the
pending automatic renewal or extension at least 15 days, but no
more than 30 days before its stated effective date.
(4) CONFISCATING PERSONAL PROPERTY. (a) No landlord may
seize or hold a tenants personal property, or prevent the tenant
from taking possession of the tenants personal property, except
as authorized under s. 704.05 (5), Stats., or a written lien agreement between the landlord and tenant.

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AGRICULTURE, TRADE AND CONSUMER PROTECTION

(b) A lien agreement under par. (a), if any, shall be executed

in writing at the time of the initial rental agreement. The landlord
shall include the lien agreement in a separate written document
entitled NONSTANDARD RENTAL PROVISIONS which
the landlord provides to the tenant. The landlord shall specifically
identify and discuss the lien agreement with the tenant before the
tenant enters into any rental agreement with the landlord. The lien
agreement is not effective unless signed or initialed by the tenant.
Note: See s. 704.11, Stats.

(5) RETALIATORY EVICTION. No landlord shall terminate a tenancy or give notice preventing the automatic renewal of a lease,
or constructively evict a tenant by any means including the termination or substantial reduction of heat, water or electricity to the
dwelling unit, in retaliation against a tenant because the tenant
has:
(a) Reported a violation of this chapter or a building or housing
code to any governmental authority, or filed suit alleging such
violation; or
(b) Joined or attempted to organize a tenants union or association; or
(c) Asserted, or attempted to assert any right specifically
accorded to tenants under state or local law.
(6) FAILURE TO DELIVER POSSESSION. No landlord shall fail to
deliver possession of the dwelling unit to the tenant at the time
agreed upon in the rental agreement, except where the landlord is
unable to deliver possession because of circumstances beyond the
landlords control.
(7) SELFHELP EVICTION. No landlord may exclude, forcibly
evict or constructively evict a tenant from a dwelling unit, other
than by an eviction procedure specified under ch. 799, Stats.
(8) LATE RENT FEES AND PENALTIES. (a) No landlord may
charge a late rent fee or late rent penalty to a tenant, except as specifically provided under the rental agreement.

ATCP 134.10

(b) Before charging a late rent fee or late rent penalty to a tenant, a landlord shall apply all rent prepayments received from that
tenant to offset the amount of rent owed by the tenant.
(c) No landlord may charge any tenant a fee or penalty for nonpayment of a late rent fee or late rent penalty.
(9) MISREPRESENTATIONS. (a) No landlord may do any of the
following for the purpose of inducing any person to enter into a
rental agreement:
1. Misrepresent the location, characteristics or equivalency of
dwelling units owned or offered by the landlord.
2. Misrepresent the amount of rent or nonrent charges to be
paid by the tenant.
3. Fail to disclose, in connection with any representation of
rent amount, the existence of any nonrent charges which will
increase the total amount payable by the tenant during tenancy.
(b) No landlord may misrepresent to any person, as part of a
plan or scheme to rent a dwelling unit to that person, that the person is being considered as a prospective tenant for a different
dwelling unit.
Note: Paragraph (b) prohibits bait and switch rental practices by landlords. See
also s. 100.18(9), Stats.
History: Cr. Register, February, 1980, No. 290, eff. 5180; am. (2) and (4), Register, December, 1998, No. 516, eff. 1199.

ATCP 134.10 Effect of rules on local ordinances.

(1) This chapter does not prohibit or nullify any local government
ordinance with which it is not in direct conflict as provided in sub.
(2).
(2) In the event of any direct conflict between this chapter and
any local government ordinance, such that compliance with one
can only be achieved by violating the other, this chapter shall be
controlling.
(3) Compliance with local government ordinances shall not
relieve any person from the duty of complying with this chapter.
History: Cr. Register, February, 1980, No. 290, eff. 5180.

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