Wisconsin Landlord Required Disclosures: ATCP 134 Compliance Guide

Wisconsin's disclosure requirements, rooted in a legal tradition established upon the state's admission to the Union on May 29, 1848, are primarily codified in ATCP 134.04 and Chapter 704 of the Wisconsin Statutes. Property owners must provide several written disclosures before a tenant signs a lease or pays any deposit. Failure to do so can result in double damages or the voiding of lease clauses.

1. Mandatory Check-In Sheet (Wis. Stat. § 704.08)

Unlike many states where a move-in checklist is a "best practice," in Wisconsin, it is required by law:

• Requirement: Landlords must provide every residential tenant with a written check-in sheet at the time of move-in.
• Tenant Right: The tenant has 7 days to complete the sheet and return it to the landlord.
• Landlord Notification: Before accepting a security deposit, the landlord must inform the tenant in writing of their right to receive this sheet and their right to request a list of damages charged to the previous tenant.

2. Disclosure of Ownership and Management (ATCP 134.04(1)(a))

Landlords must disclose in writing, at or before the time a rental agreement is entered into:

• The name and address of the person or persons authorized to collect or receive rent and manage and maintain the premises, and who can readily be contacted by the tenant.
• The name and address of the owner of the premises or other person authorized to accept service of legal process and other notices and demands on behalf of the owner. The address disclosed must be an address within the state at which service of process can be made in person.

3. Habitability and Code Violations (ATCP 134.04)

Before entering into a lease or accepting any earnest money, a landlord must disclose:

• Uncorrected Violations: Any uncorrected building or housing code violations of which the landlord has received official notice.
• Conditions: Any conditions that affect the habitability of the unit, such as a lack of hot/cold running water, unsafe wiring, or structural problems.
• Utilities: If any utilities are not included in the rent, the landlord must disclose how these costs are calculated and billed (ATCP 134.04(3)).

4. Maintenance Responsibilities (Non-Waivable)

A critical compliance point in Wisconsin:

• Residential Restriction: Under Wis. Stat. § 704.07, a residential landlord is responsible for keeping the premises in a reasonable state of repair.
• No Reassignment: Residential landlords cannot use the lease to shift the burden of structural repairs, common area maintenance, or the repair of landlord-provided appliances to the tenant. Any lease clause attempting to do so is void.

5. Nonstandard Rental Provisions (ATCP 134.06)

If a landlord wants to deduct from a security deposit for items other than damages, unpaid rent, or utility bills (e.g., specific cleaning fees), these provisions must be:

1. Listed on a separate, written document titled "Nonstandard Rental Provisions."
2. Specifically discussed with the tenant.
3. Individually signed or initialed by the tenant.

6. Domestic Abuse Protections (Wis. Stat. § 704.14)

Wisconsin landlords must provide tenants with a written notice informing them of their rights under state law to terminate a lease early if they are a victim of domestic abuse, sexual assault, or stalking. This notice is mandatory for all residential rental agreements.

Best Practices

1. The 7-Day Window: Keep a log of when you provided the check-in sheet. If the tenant doesn't return it within 7 days, your move-in condition photos become the primary evidence for future deposit disputes.
2. Post Code Violations: If the unit has an open violation from the city inspector, provide a copy of that notice to the prospective tenant before they sign anything.
3. Separate Nonstandard Docs: Do not bury 'cleaning fees' or 'carpet rules' in the main lease body. Use the mandatory separate sheet to ensure they are enforceable.

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