LandLordStation.com offers information pertaining to Wisconsin landlord tenant law. The landlord tenant law Wisconsin legislators have put in place has some unique features that apply only in the state of Wisconsin. The Wisconsin State legislature has made the landlord tenant laws Wisconsin statutes available to both tenants and landlords on their website and we will briefly discuss some of those laws in this article. These laws were enacted to maintain the business relationship between residential landlords and tenants, and to protect the rights of each party.
The WI landlord tenant law covers residential occupancy of real estate and does not cover residency in institutions. The definition of an institution includes, but is not limited to, a hospital, nursing home, correctional facility or monastery. Another exception to these laws includes residence in a hotel or other transient lodging whose operation is defined in WSI 704.01(3). There are a few other exceptions that are set out in this law.
Landlord duties are stated in the Wisconsin landlord tenant law, and also include some provisions that pertain to Wisconsin common law. The following items must be given to the tenant in writing by the landlord in a notice form which should be signed by the landlord or the landlord’s authorized agent (This list is not limited to these items). The written notice must disclose the following to all tenants:
• Written notice to all tenants disclosing fire safety and protection information including the tenant’s responsibility to maintain the smoke detection device and penalties for failure to comply. If the residential property has more than one tenant (for example, a duplex or apartment building), the notice must contain the following information:
- Whether a required smoke detection device is hard-wired or battery operated
- Whether the building has a fire sprinkler system
- Whether the building has a fire alarm system
- Whether the building has a smoking policy and what that policy is
- Whether the building has an emergency notification plan for the occupants and what that plan is with a copy provided to the tenants
- Whether the building has an emergency relocation plan and/or an emergency evacuation plan with a copy provided to the tenants
• The landlord must provide tenants with written receipts for payment made by a tenant in cash, and provide, upon request of the tenant, a written receipt for any payments made by the tenant in a form other than cash.
• The landlord must provide tenants with a copy of the written rental agreement and, upon request by the tenant, provide one free replacement copy during the tenancy.
If the landlord fails to perform the required duties under Wisconsin law, or by the rental agreement, the landlord will have 72 hours from the time of notification by the tenant to remedy the problem. These are representative landlord obligations and do not include the entirety of the list of landlord obligations. LandLordStation.com recommends that all of the parties to a residential lease agreement obtain legal counsel if there is a need for clarification or compliance.
Tenant duties are stated in the Wisconsin landlord tenant act and include some provisions that pertain to Wisconsin common law. Those include, but are not limited to, the following items:
• Each tenant shall pay the rental amount at the time it is due and comply with all obligations imposed upon tenants by all municipal, county, and state codes, statutes, ordinances, and regulations.
• Tenant must keep the part of the premises he occupies in a clean and sanitary condition.
• Tenant must not intentionally or negligently destroy, deface, damage, impair or remove any part of the structure or dwelling or permit anyone else from doing so. Violations may be prosecuted under Wisconsin law.
• Tenant must not engage in drug-related activity as defined in Wisconsin Criminal Statues, as Amended.
• Tenant must maintain smoke detection devices in accordance with manufacturer’s recommendations.
• Tenant must not engage in any illegal activity on the premises, including but not limited to, gang related activity.
• Upon termination and vacation of the premises, tenant must restore premises to their initial condition, except for reasonable wear and tear.
The information provided in this article is meant to give landlords and tenants in the state of Wisconsin a better understanding of the Wisconsin landlord tenant law. The above is representative of tenant obligations and landlord obligations and do not include the entirety of the list. LandLordStation.com recommends that all of the parties to a residential lease agreement obtain the advice of legal counsel if there is a need for clarification or compliance.
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