Microsoft Word - Landlord tenant rights and responsibilities pamphlet with revisions due to 2011 Act 108 and 143 5-2-12.doc

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May 2, 2012

Tenant & Landlord Rights and Responsibilities

Madison General Ordinance 32.06(2)

Housing Committee Approval

Rental Laws & Regulations

This document provides information about rights and responsibilities for tenants and landlords in

the City of Madison. The numbers in the text refer to statutes, regulations or ordinances that are

the source of the information and are listed below. This is not legal advice. Citations are for

guidance and may not apply to your situation. If you have a specific legal question, you should

consult an attorney or one of the groups or agencies listed.

The text that is either underlined or struck-through reflects the revisions necessary due to the

recent Wisconsin State statutory changes in 2011 Act 108 and 143.

 Wisconsin Statutes, (Wis. Stats.) Chapters 704 (Tenant/Landlord), 710 (Mobile Homes)

& 799 (Small Claims)

 Department of Agriculture, Trade and Consumer Protection Regulations (ATCP),

Chapter 134 (Residential Rental) & 125 (Mobile Homes)

 Madison General Ordinances (MGO), Chapter 32 (Tenant/Landlord); Chapter 39 (Fair

Housing

 Dane County Ordinances (DCO) Chapter 31 (Housing Discrimination)

General Tips for Avoiding Rental Problems

 Keep a rental file which includes the lease, addendums, check-in/out forms, copies of

letters/emails/texts to and from your landlord, housing inspection reports, notices to

enter, and any documentation you have of repairs or security deposit problems.

 Request and keep a receipt for rent payments or pay by check.

 Keep notes/phone log with dates and names of any contacts with the landlord regarding

problems.

 Get or put promises from the landlord in writing.

 Contact your landlord when a problem arises.

Tenant Responsibilities

 Be aware of the terms of the lease and follow those terms.

 Pay rent on time.

 Keep the apartment in a clean, proper, and sanitary condition.

 Notify the landlord as soon as possible when a repair is needed.

 Repair or pay for the repair of damages caused by negligence or improper use.

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Application Process & Discrimination

 If the landlord denies an application, they must give the tenant written reasons for the

denial by the end of the third day after the denial, unless the tenant has indicated on the

application that they do not wish to receive a written explanation. MGO 32.08(5)

 A landlord may not deny you housing because of your sex, race, religion, color, national

origin or ancestry, age, handicap/disability, marital status, source of income, less than

honorable discharge, physical appearance, sexual orientation, gender identity, political

beliefs, familial status, student status, refusal to disclose your social security number to

the landlord, inclusion in a domestic partnership, status as a victim of domestic violence,

genetic identity, or

citizenship status or arrest or conviction record (exceptions:

convictions

for offenses requiring sex offender registration and convictions for offenses

related to tenancy, some time limits may apply, check the ordinance for further

explanation). A landlord, however, may obtain and use information regarding income,

occupation, rental history, credit information, publicly available court and arrest records,

or social security numbers in making rental decisions. MGO 39.03(4), Wis. Stats.

66.0104, 106.50(1)

 A landlord may not deny you housing based solely on your income if you can provide

evidence that you have paid a similar amount in the past or of your current ability to pay,

MGO 32.12(7)

 You cannot be denied housing solely because you have applied for or currently receive

Section 8, and your lease cannot be terminated early solely because you start receiving

Section 8 assistance in the middle of your tenancy. However, a Landlord may use

information about income in making rental decisions such as denying housing. MGO

32.12(14), (15) & 39.03(4), Wis. Stats. 66.0104

 If you pay an application fee (deposit, or earnest money) and your application is rejected

or you withdraw the application before approval, the landlord must return the money at

the end of the next business day. The landlord cannot hold your earnest money for more

than three business days unless you agree in writing to a longer time period not to exceed

21 days. If the application is approved, the money should be returned or applied to rent

or the security deposit. If your application is approved but you do not move in, then the

landlord may keep part of the fee to pay for actual costs incurred; however, the landlord

must mitigate their costs. ATCP 134.05, MGO 32.10, Wis. Stats. 704.29.

Required Landlord Disclosures

 A landlord must disclose the name, address and phone number of the person authorized

to manage, collect rent and maintain the premises, and someone in Wisconsin authorized

to accept legal papers and notices in writing on the lease unless the landlord lives in the

building and it is four units or less. MGO 32.08(1), ATCP 134.04(1)

 The landlord must notify you within 10 business days if there is a change in the owner or

other person authorized to accept legal notices, the name of the person who collects rent,

manages or maintains the premises. MGO 32.08(1), ATCP 134.04(1)

 Buildings of three units or more must have emergency contact information posted in a

readily accessible conspicuous place. MGO 27.04(2)(k)

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 Before accepting any earnest money or entering into a rental agreement, the landlord

must disclose all of the following conditions affecting habitability; whether the apartment

lacks hot/cold running water; has heating equipment that isn’t safe or can’t maintain heat

at least 67 degrees year-round; lacks electricity or has an unsafe electrical system; has

plumbing and sewage systems not in good working condition; has any other conditions

that constitute a substantial health or safety hazard. MGO 32.08(2)/ATCP 134.04(2)

 Before accepting any earnest money or security deposit, a landlord must disclose

uncorrected building code violations if he has actual knowledge of the violation and it

presents a significant threat to the tenant’s health or safety. Wis. Stats. 704.07(2)(bm)

 The landlord must disclose outstanding code violations for which the landlord has actual

notice, and must provide copies of any official notices regarding outstanding code

violations, copies of rent abatement decisions affecting the unit or common areas, the

occupancy limits, the zoning code’s family definition and any off-street parking

requirements. The landlord shall advise the prospective tenant in writing of the successor

tenant’s right to abate rent at the time the lease is signed. MGO 32.04(7), 32.08(2),

ATCP 134.04(2)

 The landlord must disclose which utilities the tenant is responsible for. If the utilities are

not separately metered, the landlord must disclose how it is determined how much each

tenant pays for utilities. ATCP 134.04(3), MGO 32.08(2)(b)

Rental Agreements (Leases)

 Once signed by all parties, the lease binds all parties. There is no “back-out period”. To

modify a written lease agreement, all parties must agree to the changes in writing.

 Many written leases require that each resident is responsible for meeting all the terms of

the rental agreement even if the other residents do not do so. This is called “joint and

several liability”.

 Be careful in your roommate choices, you can be held responsible for their lease

violations.

 Oral agreements are legal if for one year or less, but you may have trouble enforcing the

terms of an oral agreement unless you have proof of the agreement. Write a letter to the

landlord with your understanding of the agreement if you have trouble getting it in

writing. Make sure to keep a copy. Wis. Stats. 704.03(1)



Periodic tenancies (commonly referred to as “month-to-month” leases) are those where

the rental agreement doesn’t specify beginning or end dates and with the “period” being

the time interval between the rent payments. For example, if you pay monthly, this is the

period of your agreement. The lease can change after any period if you are given

sufficient written notice (for month to month tenants at least 28 days) prior to the next

time rent is due. If you intend to move out and have a month-to-month lease, you must

provide at least 28 days written notice to terminate the agreement. Wis. Stats. 704.01(2),

704.19(3), 704.21(2)

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Illegal Rental Agreement Clauses

The lease is void and unenforceable if it:

 Requires you to pay the landlord’s attorney and legal fees. A judge may order you to pay

these fees after a trial. MGO 32.11(3)/ATCP 134.08(3), Wis. Stats. 704.44(4m)

 Allows your landlord to go to court as your representative and admit your guilt in the

landlord’s dispute with you. MGO 32.11(4), ATCP 134.08(4) Wis. Stats. 704.44(5m)

 Requires you to pay rent before the date it is regularly due. MGO 32.11(2),

ATCP

134.08(2) Wis. Stats. 704.44(3m)

 Waives the landlord’s duty to deliver the rental unit in a fit or habitable condition and/or

to maintain the premises during the tenancy. MGO 32.11(7), ATCP 134.08(7)

Wis.

Stats. 704.44(8)

 Authorizes eviction other than by a judicial eviction procedure. MGO 32.11(1),

ATCP

134.08(1) Wis. Stats. 704.44(2m)

 Relieves the landlord from liability for property damage or personal injury caused by

negligent acts or omissions of the landlord. MGO 32.11(5), ATCP 134.08(5)

Wis.

Stats. 704.44(6)

 Requires you to accept liability for personal injury arising from causes clearly beyond

your control as a tenant. MGO 32.11(6), ATCP 134.08(6) Wis. Stats. 704.44(7)

 Contains a provision that, if enforced, would violate the law. MGO 32.11(8)

 Requires you to pay the cost of carpet cleaning or shampooing unless there is damage

beyond “normal wear and tear”. MGO 32.11(9), Wis. Stats. 704.28(3)

 Authorizes the termination of the tenancy “if a crime is committed in or on the rental

property, even if the tenant could not reasonably have prevented the crime.” Wis. Stats.

704.44(9)

Copies of Rental Agreements & Receipts

 You must be allowed to inspect the rental agreements and any rules and regulations that

apply before you are asked to sign the agreement or pay any fees, and you must be given

a copy at the time of agreement. MGO 32.06(1), ATCP 134.03(1)

 The landlord is required to provide receipts for rent, security deposits and earnest money

paid in cash. If a security deposit or earnest money is paid by check with a notation

describing the purpose of the check, the landlord does not need to provide a receipt unless

specifically requested by the tenant. MGO 32.06(3), ATCP 134.03(2)

 Any promise to clean, repair or make improvements must be in writing with a specific

date of completion with a copy given to the tenant. MGO 32.09(1), (2), ATCP

134.07(1)(2)

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Safety Issues



If the building has two or more apartments that are accessed from a common area, the

exterior door, doors leading to basements, basement laundries and any storage areas must

be locked at all times, and your residence must have a doorbell or buzzer system to alert

you when you have guests. MGO 27.05(2)(h)

 All rental units are to have smoke alarms installed and maintained in each bedroom, in

every sleeping area, and within 6 feet of each door leading to a bedroom or sleeping area,

and on each floor of the building. Smoke detectors must be hard wired or have 10 year

lithium batteries. The landlord is responsible for installing the smoke alarms, tenants are

responsible for maintaining the alarms and notifying the landlord if an alarm becomes

inoperable. Tenants are not to tamper with, remove, alter, damage, or make the smoke

alarm inoperable. Both the landlord and tenant must sign a document relating to the

installation, operation and maintenance of smoke alarms, and the landlord must provide

fire safety information to tenants. MGO 34.907, 32.06(4)

 Carbon monoxide detectors, if installed or required, shall be maintained and not tampered

with.

Check-in/Check-out Forms and Procedures

 The landlord must provide you with a Check-in/Check-out form before you move in when

you commence occupying the premises. Wis. Stats. 704.08

 The landlord must give not less than seven (7) days after moving in to note anything that was

dirty, damaged, broken or missing when you moved in. Wis. Stats. 704.08

 Return the completed form to the landlord. If you want items repaired, make a separate

written request.

 If the landlord fails to provide you with a Check-in form at the start of the tenancy, or fails to

provide a Check-out form at the end, they cannot withhold money for the damages or

cleaning from your security deposit when you leave.

 The landlord must inform you that you may request a written list and/or the photographs

taken of the physical damages or defects charged to the previous tenant’s security deposit.

MGO 32.07(5), ATCP 134.06(1)

Tenant’s Right to Privacy & Exclusive Possession

 A landlord cannot change the locks on your apartment as a means of forcing you to move

or to limit your access to the premises. (MGO 32.05(1)(a), ATCP 134.09(7))

 A landlord cannot confiscate any of your property unless they have a lien that you agreed

to in a “non-standard rental provision”. MGO 32.05(1)(c), MGO 32.12(3), ATCP

134.09(4).

 A landlord must give you 12 hours notice prior to entering your apartment to show the

property for sale or lease, and must give you 24 hours notice for entry for other purposes.

Entry must be made at reasonable times, and entry can be made on less notice if you give

permission to do so. cannot enter your apartment without either your permission on a

case by case basis or giving you 24 hours notice to show the apartment or for repairs.

Emergencies are an exception to this rule..

MGO 32.05(1)(d), ATCP 134.09(2)

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 A landlord cannot show the apartment for re-rental until 1/4 of the lease term has passed,

unless you have given written consent or your lease is less than 9 months or a summons

and complaint for eviction has been filed. MGO 32.12(8)

 A landlord cannot lease the apartment to future renters before 1/4 of the lease term has

passed, unless they have notified you of an earlier date in a non-standard rental provision

form. MGO 32.12(9)



A landlord may regulate guests by stating a guest policy in the lease. They may not

prohibit all guests. MGO 32.05(1)(g)



A notice by the landlord to show your apartment cannot cover more than three (3)

consecutive

days or more than three (3) hours a day and must note the specific times of

entry. MGO 32.05(1)(e)



A landlord must knock and identify themselves before entering your apartment.

MGO 32.05(1)(f), ATCP 134.09(2)(d)

Repairs

 If repairs are needed, contact your landlord and give them a reasonable time to fix the

problem. If they do not fix the problem, call the Building Inspector at (608)266-4551.

 If your landlord fails to repair or properly maintain your apartment or fails to comply

with an order of the Building Inspection Division, you may be entitled to abate/reduce

part of your rent. Do not withhold rent for repair problems without first contacting

Building Inspection or one or more of the agencies listed in this brochure for advice or

assistance. MGO 32.04, Wis. Stats. 704.07(4)



If the building owner has failed to comply with orders to make repairs from the Building

Inspection Division, a tenant may arrange for repairs to be made to the unit and subtract

that amount from their rent. The tenant must give official notice to the landlord that they

intend to use these self-help procedures at least ten days prior to commencing repairs.

Qualified professionals, as required by law, must do repairs and the cost of repairs may

be deducted from rent. This self-help repair procedure can be used in conjunction with

rent abatement.

MGO 32.17(2)

Subletting and Breaking a Lease

 Most leases require the permission of the landlord prior to subletting. If you sublet part

of your apartment, or the entire apartment, you are still responsible for all terms of the

original agreement, unless all parties (including the landlord) agree in writing to

terminate the lease or change any other terms. Sublet agreements should always be put in

writing. Wis. Stat. 704.09(1)

 If you need to break your lease, and choose not to sublet, the landlord is responsible for

finding a new tenant if you stop paying your rent. The landlord must make a reasonable

effort to find a new tenant. Reasonable effort means those steps that the landlord would

have taken to rent the premises provided these are in accordance with local practice.

However, you will be responsible for the rent owed until a new tenant is found. Wis.

Stat. 704.29

 The landlord must notify you if the property is in foreclosure. If the landlord fails to do

so, the lease may be voidable, or monetary penalties may apply, depending on your

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situation. In certain circumstances, you may be able to stay until the end of your lease.

The federal “Protecting Tenants at Foreclosure Act”, Public Law 111-22 sec. 701 – 704

(2009), applies to all foreclosure sales after the law was signed on May 20, 2009 until

December 31, 2014.

Retaliation

 A landlord cannot evict you or threaten to do so, because you have contacted the Building

Inspection Division, asserted a right under state or local law, filed a complaint with

Consumer Protection or Building Inspection, started a lawsuit or joined a tenant's union,

neighborhood watch or neighborhood association. Actions by the landlord are presumed

retaliatory if taken within 6 months of a tenant taking one or more of these actions, unless

the landlord can prove otherwise. MGO 32.15, 32.12(4), Wis. Stats. 704.45, ATCP

134.09(5)

Eviction

 The first step in the eviction process is for the landlord to give you written notice of the

lease violation. The notices will vary depending upon your type of lease, the type of

violation and previous violation notices you have received. Generally, a tenant with a

year-long lease will have the right to fix the problem the first time and stay in the

apartment. If you get one of these notices contact the landlord right away and try to fix

the problem. Wis. Stats. 704.17

 Your landlord cannot force you to leave the apartment without an eviction order from a

judge. ATCP 134.08(1), 134.09(7)

 You have the right to appear in small claims court to contest the eviction notice. The

landlord must prove to the court that you have violated the lease and that they are entitled

to evict you.

 If you are evicted by a judge, or if a default judgment is issued because you did not

appear in court, the Sheriff is the only person who can remove you from the unit. The

Sheriff will give you a date and time to be out by or they will remove. This forced

removal can be very costly and you can be held responsible for all the costs of moving

and storing your property as well as additional unpaid rent if you get evicted. The

landlord has the duty to minimize these costs by trying to re-rent the apartment. Wis.

Stats. 704.29, 799.44

 Any actions taken by the landlord other than the eviction process required by state law

might be an illegal eviction. Actions such as turning off heat, electricity or water,

removing doors or windows or other actions that make it impossible to live in the unit are

prohibited by Madison General Ordinances and Wisconsin law. Madison Ordinances

also prohibit a landlord from threatening to take any of these actions. ATCP 134.09(5),

(7), MGO 32.12(5)

Lease Expiration & Automatic Renewal

 Your lease may have an automatic renewal clause; however, your landlord cannot

enforce such a clause unless they give you a separate written notice of the pending

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automatic renewal or extension at least 15 days, but not more than 30 days before its

stated effective date. ATCP 134.09(3), Wis. Stats. 704.15, MGO 32.12(2)

 If you “hold over”, or stay beyond the expiration date of a valid termination notice or

expiration of a lease, the landlord may sue you in court for damages. If the judge finds

that you remained in possession of the property without the consent of the landlord, the

judge is required to order you to pay a minimum of double the daily rent to the landlord

for each day you stayed in the apartment after the notice to vacate or the expiration of

your lease. Wis. Stats. 704.25(1), 704.27

Security Deposits

 The security deposit cannot exceed one month’s rent. MGO 32.07(2)(b)

 If your security deposit exceeds one-half month’s rent, you are due simple interest (rent

credit) at the rate set by the Wisconsin Department of Financial Institutions, Division of

Banking from the day it is paid until it is returned to you. This rate changes on a yearly

basis. (http://www.cityofmadison.com/BI/documents/WIFDIIntRate2011.pdf)

MGO 32.07(3)

 Landlord cannot increase or institute a security deposit during the term of the lease or

with a new, renewed or amended lease with the original tenants. MGO 32.07(2)(b)

 Your security deposit or partial deposit with a written itemized statement showing the

specific reasons for any deductions (including receipts, estimates for repairs and wages

and hours worked) must be mailed within 21 days of surrendering the premises the

termination of the rental agreement MGO 32.07(7), ATCP 134.06(4), Wis. Stats.

704.28

 If your full security deposit is not returned, the landlord must include with the itemized

statement a notice that the tenant will be provided a copy of the photos documenting the

damage if requested by the tenant within 30 days. MGO 32.07(7)

 If you move out early, and if you want your security deposit back within 21 days of the

date you move out, then you must notify the landlord in writing of that date. If you don’t

notify the landlord, and the unit is not rerented, they can return your deposit up to 21

days after the end of the lease. ATCP 134.06(2)(b); Wis. Stats. 704.28(4)



Landlord can’t hold security deposits for both the primary tenant and someone subletting

from the tenant, unless the total is less than one month’s rent. MGO 32.07(2)(d)

 Routine painting or carpet cleaning, if there is no unusual damage caused by tenant

abuse, cannot be deducted from security deposit. MGO 32.07(14), ATCP 134.06(3)(c)

 Cashing a check for partial payment does not mean you waive your rights to seek the full

amount owed. MGO 32.07(7)(d), ATCP 134.06(2)(e)

 Remember to provide a forwarding address for your security deposit. ATCP 134.06(5)

Late Fees

 Late fees cannot be charged, except as specifically provided under the rental agreement.

ATCP 134.09(8)(a)

 A landlord cannot require you to pay late fees of more than 5% of a month’s rent. MGO

32.12(11)

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 A landlord cannot charge a late fee for failure to pay a late fee. All payments shall be

applied to rent before being applied to a late fee. ATCP 134.09(8)(b)(c), MGO

32.12(11)

Tenant and Landlord Resources

The Department of Agriculture, Trade and Consumer Protection

Statewide Consumer Protection

Hotline 1-800-422-7128

Web: http://datcp.state.wi.us

The Tenant Resource Center

1202 Williamson St., Suite A

Madison, WI 53703

257-0006 Rental Rights & Responsibilities

242-7406 Housing Lists & Eviction Prevention

257-2799 Housing Mediation Service

Email: ask[email protected]

Web: http://www.tenantresourcecenter.org

The Madison Equal Opportunities Commission (Housing Discrimination)

City-County Building

210 Martin Luther King Jr. Blvd.

Madison, WI 53703

266-4910

Web: http://www.cityofmadison.com/dcr/eo.cfm

Fair Housing Center of Greater Madison

600 Williamson Street, Suite L4

Madison, WI 53703

257-0853, 1-877-647-3247 complaint intake line

Web: http://www.fairhousingwisconsin.com/

Student Tenant Education & Mediation

625 Langdon Street

Madison, WI 53703

228-0090

E-mail: [email protected]

Web: www.stemmadison.com

WI Front Door

A database including a comprehensive list of affordable housing for low and moderate-income

households in Wisconsin. http://www.wifrontdoorhousing.org

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Apartment Association of South Central Wisconsin

702 North High Point Rd., Suite 203

Madison, WI 53717

826-6226

E-mail: custom[email protected]

Web: http://www.aascw.org

Building Inspection Division of the City of Madison

Madison Municipal Building

215 Martin Luther King Jr. Blvd., Suite LL-100

Madison, WI 53703

266-4551 (Ask for a Housing Inspector)

Web: http://www.cityofmadison.com/dpced/bi

City of Madison Police Department:

Non-Emergency

City-County Building

211 S. Carroll St., Room GR22

Madison, WI 53703

255-2345

Web: www.cityofmadison.com/police

City of Madison Fire Department

325 West Johnson St

Madison, WI 53703

266-4420 (Non-Emergency)

Web: www.cityofmadison.com/fire

Dane County Small Claims Court: For information on the mechanics of filing a small claims

suit.

Clerk of Courts

Dane County Courthouse

215 S. Hamilton St., Room 1000

Madison, WI 53703

266-4311

Web: http://www.countyofdane.com/court/prepare/smallClaim.aspx

Website for brochure: http://www.cityofmadison.com/dpced/bi

M.G.O. 32.06(2)

Copies of this Brochure may be obtained from the Building Inspection Division of the City of

Madison at a price not to exceed the cost of production.