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.

Back to Wisconsin Compliance HomeKhông có bản xem trước.