According to Wisconsin Tenant/Landlord Laws, a landlord must mitigate their damages and accept a tenant’s sublet request. Landlords may not unreasonably refuse a tenant’s request to sublet. Despite this fact, tenants are still encouraged to receive permission in writing.
A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement; the sublease agreement is tied to and incorporates the original (master) lease. In Wisconsin, a landlord is legally bound to lessen losses and allow a tenant to enter into a sublease agreement; a landlord cannot unreasonably refuse permission. If the original lease requires the permission of the landlord for the tenant to enter into a sublease, the original tenant (sublessor) must obtain written permission from the landlord to do so; if the original lease contains no language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) should obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.
A Wisconsin sublease agreement should include the following sections: