704.01 Definitions. In this chapter, unless the context indicates otherwise: (1) “Lease” means an agreement, whether oral or written, for transfer of possession of real property, or both real and personal property, for a definite period of time. A lease is for a definite period of time if it has a fixed commencement date and […]
704.02 Severability of rental agreement provisions. The provisions of a rental agreement are severable. If any provision of a rental agreement is rendered void or unenforceable by reason of any statute, rule, regulation, or judicial order, the invalidity or unenforceability of that provision does not affect other provisions of the rental agreement that can be […]
704.03 Requirement of writing for rental agreements and termination. (1) Original agreement. Notwithstanding s. 704.02, a lease for more than a year, or a contract to make such a lease, is not enforceable unless it meets the requirements of s. 706.02 and in addition sets forth the amount of rent or other consideration, the time […]
704.05 Rights and duties of landlord and tenant in absence of written agreement to contrary. (1) When section applicable. So far as applicable, this section governs the rights and duties of the landlord and tenant in the absence of any inconsistent provision in writing signed by both the landlord and the tenant. Except as otherwise […]
704.055 Disposition of personalty left by trespasser. (1) Definition. In this section, “trespasser” means a person who is not a tenant and who enters or remains in residential rental property without the consent of the landlord or another person lawfully on the property. (2) At the landlord’s discretion. (a) If a trespasser is removed or […]
704.06 Water heater thermostat settings. A landlord of premises which are subject to a residential tenancy and served by a water heater serving only that premises shall set the thermostat of that water heater at no higher than 125 degrees Fahrenheit before any new tenant occupies that premises or at the minimum setting of that […]
704.07 Repairs; untenantability. (1) Application of section. This section applies to any nonresidential tenancy if there is no contrary provision in writing signed by both parties and to all residential tenancies. An agreement to waive the requirements of this section in a residential tenancy, including an agreement in a rental agreement, is void. Nothing in […]
704.08 Check-in sheet. A landlord shall provide to a new residential tenant when the tenant commences his or her occupancy of the premises a check-in sheet that the tenant may use to make comments, if any, about the condition of the premises. The tenant shall be given 7 days from the date the tenant commences […]
704.085 Credit and background checks. (1) (a) Except as provided under par. (b), a landlord may require a prospective tenant to pay the landlord’s actual cost, up to $25, to obtain a consumer credit report on the prospective tenant from a consumer credit reporting agency that compiles and maintains files on consumers on a nationwide […]
704.09 Transferability; effect of assignment or transfer; remedies. (1) Transferability of interest of tenant or landlord. A tenant under a tenancy at will or any periodic tenancy less than year-to-year may not assign or sublease except with the agreement or consent of the landlord. The interest of any other tenant or the interest of any […]
704.10 Electronic delivery. A rental agreement may include a provision that permits the landlord to provide and indicate agreement by electronic means any of the following: (1) A copy of the rental agreement and any document related to the rental agreement. (2) A security deposit and any documents related to the accounting and disposition of […]
704.11 Lien of landlord. Except as provided in ss. 704.90 and 779.43 or by express agreement of the parties, the landlord has no right to a lien on the property of the tenant; the common-law right of a landlord to distrain for rent is abolished. History: 1979 c. 32 s. 92 (9); 1987 a. 23 […]
704.13 Acts of tenant not to affect rights of landlord. No act of a tenant in acknowledging as landlord a person other than the tenant’s original landlord or the latter’s successors in interest can prejudice the right of the original landlord or the original landlord’s successors to possession of the premises. History: 1993 a. 486.
704.14 Notice of domestic abuse protections. A residential rental agreement shall include the following notice in the agreement or in an addendum to the agreement: NOTICE OF DOMESTIC ABUSE PROTECTIONS (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 […]
704.15 Requirement that landlord notify tenant of automatic renewal clause. A provision in a lease of residential property that the lease shall be automatically renewed or extended for a specified period unless the tenant or either party gives notice to the contrary prior to the end of the lease is not enforceable against the tenant […]
704.16 Termination of tenancy for imminent threat of serious physical harm; changing locks. (1) Terminating tenancy by tenant. A residential tenant may terminate his or her tenancy and remove from the premises if both of the following apply: (a) The tenant or a child of the tenant faces an imminent threat of serious physical harm […]
704.165 Termination of tenancy at death of tenant. (1) (a) Except as provided in par. (b), if a residential tenant dies, his or her tenancy is terminated on the earlier of the following: 1. Sixty days after the landlord receives notice, is advised, or otherwise becomes aware of the tenant’s death. 2. The expiration of […]
704.17 Notice terminating tenancies for failure to pay rent or other breach by tenant. (1g) Definition. In this section, “rent” includes any rent that is past due and any late fees owed for rent that is past due. (1p) Month-to-month and week-to-week tenancies. (a) If a month-to-month tenant or a week-to-week tenant fails to pay […]
704.19 Notice necessary to terminate periodic tenancies and tenancies at will. (1) Scope of section. The following types of tenancies, however created, are subject to this section: (a) A periodic tenancy, whether a tenancy from year-to-year, from month-to-month, or for any other periodic basis according to which rent is regularly payable; and (b) A tenancy […]
704.21 Manner of giving notice. (1) Notice by landlord. Notice by the landlord or a person in the landlord’s behalf must be given under this chapter by one of the following methods: (a) By giving a copy of the notice personally to the tenant or by leaving a copy at the tenant’s usual place of […]
