Most Commonly Used Wisconsin Lease Agreements
In Wisconsin, the most commonly used lease agreements are those written for residential property. The most commonly used residential lease agreements are an annual standard lease agreement, a month-to-month tenancy agreement, a lease to own agreement, a roommate agreement, and a sublease agreement.
All of the most commonly used Wisconsin lease agreements rely on the same elements although they do have their own features.
- A roommate agreement explains which areas of the rental are for the exclusive use of the roommate and which areas are for use by all of the occupants.
- A standard residential lease agreement is generally written for a term of one year. When the term ends, the lease may convert to a month-to-month tenancy or it may renew for another year. Both a month-to-month tenancy and a standard residential lease agreement have similarities. One of those similarities is the requirement of a 30-day written notice to move out if either party does not plan to renew the lease when it ends.
How to Write a Wisconsin Lease Agreement
Wisconsin lease agreements must comply with the state’s landlord-tenant laws or they are unenforceable. There are other laws that must also be considered. You’ll learn more about some of those laws under the sections related to disclosures and security deposits.
Before you sign a lease agreement, read it carefully or have it reviewed by an attorney.
A Wisconsin lease agreement should include the following:
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Names of the Parties - This is the landlord’s name or the property management company’s business name and the legal name of the tenant(s).
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Property Address - This is the full street address for the rental property. It should include the city, zip code, and the lot number or unit number if there is one.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will take possession of the property for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - This section includes the date the lease begins, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fee - This section documents the amount of the fee the tenant must pay if they do not pay the rent on time.
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Security Deposit - This is the amount of money that the tenant must be paid in advance of taking control of the property. The security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant is required to pay to move into the rental property. This should include the amount of the first month’s rent, the security deposit, and the total of the two numbers added together.
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Occupants - This section includes the legal name of each tenant even if they are a minor or they are not signing the lease. This part of a Wisconsin residential lease agreement establishes who will reside in the rental property. For commercial spaces, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This section explains which utilities or services a tenant does not pay.
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Parking - This section informs the tenant if they will receive a parking space. If a space is reserved and also designated, this information should be included.
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Furnishings - This section tells tenants what they may install, such as a washing machine or dishwasher, and what they may not install. If the tenant is not allowed to bring their own appliances, that should be stated in this section.
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Notices - This section documents the names of the landlord or property manager and tenant along with their full mailing address. This information is used if one party needs to send a notice to another party.
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Eviction - This section informs the tenant how eviction would be carried out in the event of nonpayment of rent or if there is a breach of other lease terms.
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Additional Terms - This section includes any other terms the parties agree to that are not found in any other section of the lease.
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Signature and Date - The document must be signed and dated by the parties.
Which Disclosures Belong in a Wisconsin Lease Agreement?
Under Wisconsin law, landlords must disclose or provide:
- The identity and the identity of any agent or property manager authorized to act on their behalf (including the collection of rent).
- A move in checklist so that the tenant may return it to the landlord within seven days of moving in to notify the landlord of any pre-existing problems.
- If the rent doesn’t include water, heat, or electricity, that must be mentioned in the lease.
The landlord must provide advance notice of entering the property and they must enter at reasonable times.
Under federal law:
What You Need to Know About Wisconsin Lease Agreement Deposits
Under state law, there is no maximum on how much a landlord can charge as a security deposit. The tenant's security deposit must be returned within 21 days of the landlord regaining control of the property.
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