tenant resources

Renter's Insurance Requirement

The Landlords require the Tenant to obtain liability coverage of at least $100,000 in property damage and legal liability from an A-rated carrier and to maintain such coverage throughout the term of the lease agreement. The tenant is required to furnish the Landlord with evidence of the required insurance prior to occupancy, at the time of each lease renewal period, and upon request.

To satisfy the insurance requirement, the Tenant may either:

1. be automatically enrolled into a policy that satisfies the coverage requirements
2. obtain alternative liability coverage from an insurer of the Tenant’s choice



The option the Tenant choses will not affect whether Tenant’s lease application is approved or the terms of the Tenant’s Lease.

Move In Inspection

You have 7 days after the start of tenancy to inspect the premises and notify the landlord of any defects by returning a completed check-list.

• Turn on each light switch to see if it works.
• Check outlets (use hairdryer) and sockets (use light bulb) – defects could cause fires.
• Turn on sink and bathtub faucets – check for leaks, proper drainage and water temperature.
• Flush toilets – check for leaks.
• Look for smoke detectors.
• Check ceilings and walls for cracks and water stains.
• Are there deadbolts on apartment and exterior doors?
• Push on the windows – are they secure? Are latches in good working order?
• Check for window storms and screens.
• Check the condition of the furnace. Even in summer, turn up the thermostat to make sure it actually works.
• Look at the water heater to see if it is leaking.
  

Basic Maintenance

Unless otherwise agreed, tenants are usually responsible for routine minor repairs. You are also required to comply with any maintenance and sanitation requirements imposed on tenants by local housing codes. You are financially responsible for any damages that you or your guests have caused, Wis. Stat. s. 704.07(3).

This includes replacing light bulbs, changing furnace filters, unclog drains, etc. See your lease agreement for any specifics.

risk of eviction

Tenants who pay partial rent, no rent, or late rent (even one day late) put themselves at risk of having their tenancy terminated and possible eviction, as do tenants who break the rules or terms of the rental agreement or cause damage, Wis. Stat. s. 704.17.

If the small claims court judge rules in the landlord’s favor, the judge may issue a court order requiring you to leave the property. If you do not, the county sheriff may remove you and your belongings from the premises. These steps may only be taken after the small claims court hearing and after the judge orders the eviction. If the court determines that you have wrongfully overstayed, the landlord could be awarded twice the amount of rent, prorated on a daily basis, for each day you unlawfully occupy the premises, Wis. Stat. s. 704.27.

5 & 14 Day Notices

Wis. Stat. s. 704.17 Termination – Nonpayment or breach of lease.

Tenants may be given either a written 5-day or 14-day notice to vacate the property.

5-day ”cure” Notice. This written notice from the landlord gives the tenant five days to cure or move out within five days. If the tenant cures, the tenancy continues.

14-day Notice. This written notice specifies that the tenancy has ended because the tenant failed to pay the rent, broke the agreement, or damaged the property. This notice does not offer the option of paying the rent or correcting the breach.

For month-to-month tenancies, a landlord may serve a 14-day Notice for either rent non- payment or for damage/lease breach, without first serving a 5-day Notice to cure.

For tenants on a lease, the landlord must first provide a 5-day ”cure” Notice and option to cure; if the tenant pays and is then late with rent again within 12 months, the landlord may then serve a 14-day notice with no option to cure.

If you refuse to leave the premises after your tenancy has been terminated, the landlord may start an eviction action against you in Small Claims Court. You will be served a summons. This is your notice to appear in court, but it does not mean you are evicted. In court, the judge asks you and the landlord to explain your sides and then will make a decision about your eviction. If you receive a summons for eviction, seek the help of a legal aid service (look up LEGAL AID in the yellow pages of your phone book), consult with a private attorney or call the State Bar of Wisconsin Lawyer Referral Service at: (800) 362-9082 or (608) 257-4666, Wis. Stat. s. 799

tenancy termination

If you “break” a lease by moving out early, you may be obligated to pay for the remainder of the term unless another suitable tenant is found. However, the landlord must make reasonable efforts to mitigate your damages by trying to find a substitute tenant, Wis. Stat. s. 704.29

(See your lease for appropriate notice dates)

If you are moving out at the end of your lease, the landlord must return your security deposit, less any amount that may be withheld, within 21 days after you move out. If you move out before the end of your lease, the landlord has 21 days to return your security deposit from the last day of your lease. The landlord may deduct from your security deposit for unpaid rent or damage caused by you or your guests, deductions can also be made for your utility bills paid by the landlord, Wis. Stat. 704.28 and Wis. Adm. Code s. ATCP 134.06(2).

utility charges

Landlords often require tenants to pay the utility charges separate from the rent. Before deciding to rent a specific unit, it is important for a tenant to know whether or not the utility charges are included in the rent. A tenant needs this information so they can accurately determine the total cost of renting the unit.

ATCP 134.04(3), provides that the landlord must tell a prospective tenant if utility charges are not included in the rent. The tenant must receive this information before signing a rental agreement or paying any money for a security deposit.

forwarding address

Tenant failure to leave forwarding address (ATCP 134.06(5))

The rules require the landlord to mail the security deposit and/or an accounting for the security deposit to the tenant's last known address. This rule applies even if the last known address is the dwelling unit the tenant rented under the rental agreement. 

A tenant must leave a forwarding address when vacating a unit to insure they receive their security deposit in a timely manner. 

management entry

State law does authorize the landlord to enter the premises without advance approval under limited circumstances.

Management / Maintenance may enter the premises (1) after giving the tenant at least 12 hours advance notice and (2) during reasonable hours, to do any of the following:

• Inspect the premises;
• Make repairs;
• Show the premises to prospective tenants 
• For reasons authorized by a Non-Standard Rental Provision.

Entry Permitted Advance Notice Not Required:

A landlord may enter the premises without advance notice if:

• The tenant requests or consents, in advance, to the time the landlord plans to enter the dwelling unit;
• a health or safety emergency exists; or
• the tenant is absent and the landlord reasonably believes that entry is necessary to preserve or protect the premises.



If a landlord enters a dwelling unit while it is rented, the landlord must first announce his or her presence to any persons who may be present in the dwelling unit.  If anyone is present when the landlord enters, the landlord must identify themselves before entering.

criminal activity

Wis. Stat. sec. 704.17(3m)

A landlord may serve a tenant a 5-day Notice to vacate the premises, without an option to stay, for criminal actions by the tenant or their guests which threaten the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or immediate neighbors.

This also applies to criminal activity which threatens the health or safety of the landlord or their agents, and to drug-related criminal activity on or near the premises.

Such a 5-day Notice must include the following:

• The basis for the notice.
• A description of the criminal activity or drugrelated criminal activity, the date it took place on, and identification or description of the individuals who took part in the activity.
• Notice that the tenant may seek legal advice/volunteer clinic or tenant resource center.
• Notice that the tenant has the right to contest the allegations before a court commissioner or judge if an eviction action is filed.

moving day

1. Clean up and check out. This is your responsibility!  You must return the unit to the state it was in when you moved in (minus normal wear and tear) or you could get charged for cleaning and repairs. This may take much longer than a first-time renter (or even a very experienced one) expects it to. Remember to take pictures/videos!
2. Be careful about property left behind! As of March 2012, it is legal for landlords to write their own rules into the lease about disposing of property you leave behind. Check your lease to find out what they plan to do! 
3. Make certain you have provided your forwarding address!!