Wisconsin Landlord Required Disclosures: ATCP 134 Compliance Guide

Wisconsin's disclosure requirements, primarily codified in ATCP 134.04, are among the most stringent in the nation. 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. Habitability and Code Violations (ATCP 134.04)

Before entering into a lease, a landlord must disclose:

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

3. 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: Unlike commercial leases, 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 generally void.

4. 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 or administrative costs), 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.

5. Federal Lead-Based Paint Disclosure

For properties built before 1978:

• Landlords must provide the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."
• Disclose any known lead-based paint hazards.
• Include the mandatory lead warning statement in the lease.

6. Domestic Abuse Protections

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 (Wis. Stat. § 704.14).

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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