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When do you need a written lease?
If
your lease is for more than a year, it must be in writing and must
contain certain essential items to be enforceable. If the lease is for
a year or less, it doesn't have to be in writing to be legal, but it's
still a good idea. The landlord must provide, in writing, the names and
addresses of the premises' owner and authorized agents. This disclosure
requirement applies in all cases except those in which the owner
occupies a structure that contains no more than four dwelling units.
A lease is a contract defining the rights and responsibilities of both
parties. A party may be bound to the terms of an oral agreement just as
much as a written one, but the terms of an oral lease may be difficult
to prove. Because you'll either be living in the apartment as a tenant
or have a significant amount of money at stake as the landlord, it's
strongly recommended that you put your "contract" in writing to avoid
future misunderstandings. 
If you don't have a written lease, how do you give notice to terminate the tenancy? When
rent is paid on a month-to-month basis, the landlord has two options,
whether the lease is in writing or not. The first option is to give the
tenant who doesn't pay on time a notice to either pay or leave within
five days. If the rent is paid within five days, the tenant can
continue to live on the premises. If the tenant doesn't pay and doesn't
leave within the five days, the landlord can begin eviction
proceedings. The second option is to give the tenant notice to leave
within 14 days. A 14-day notice doesn't give the tenant the right to
pay and continue to stay on the premises. A written or printed copy of
the notice must be delivered to the tenant or to a member of his or her
family who is age 14 or older, and who is informed of the contents of
the notice.
Notice also may be given by: - mailing a copy of the notice to the tenant at the tenant's last known address, by registered or certified mail;
- leaving
a copy with any competent person apparently in charge of the rented
premises, and by mailing a copy by regular or other mail to the
tenant's last known address;
- serving the tenant as one would serve a summons; or
- if,
with reasonable diligence, notice could not be given personally to the
tenant, competent member of the tenant's family, or given to a
competent person apparently in charge of the rented premises, then
notice could be given by affixing a copy of the notice in a conspicuous
place on the rented premises, and by mailing a copy by regular or other
mail to the tenant's last known address.
When can a tenant sublet or assign a lease? Most
printed leases require the written consent of the landlord before a
tenant can sublet the premises. If there is no lease, written consent
is still required in most cases. While the prohibition against
subletting without the landlord's written consent is enforceable under
law, the landlord can't unreasonably withhold consent. After getting
written permission from the landlord, a tenant may sublease or assign
his or her lease to another. However, the original tenant generally
remains responsible unless he or she is released by the landlord.
When can a landlord enter a tenant's premises? A
landlord can enter the premises at reasonable times to inspect it, make
repairs, or show the premises to prospective tenants. He or she must
give 12 hours notice except in unusual situations when it's reasonably
necessary to preserve or protect the premises. If the landlord complies
with the requirements, the tenant can't refuse entry.
Any
other entry by the landlord may be trespassing. A tenant may file a
claim with the Wisconsin Department of Agriculture, Trade and Consumer
Protection or pursue criminal charges against his or her landlord for
trespass.
What can you do if a landlord refuses to make repairs? The
landlord's general duty is to keep the premises in a "reasonable state
of repair." However, if the cost of a repair is minor in relation to
the rent, you may be responsible for fixing the problem. Report
building code violations to your local building inspector. You can't be
evicted for reporting code violations. When the damage is so bad that
it makes the premises "uninhabitable," you may be able to make claims
against the landlord or move out and avoid further rent. For more
information, consult an attorney.
How do you legally evict someone? You
need two documents to evict someone. First the summons, which requires
that the tenant appear in court on a specific date and at a specific
time. Second, you need a complaint, which essentially outlines your
claim. You can get the summons and complaint from the Clerk of Circuit
Court at your local courthouse. Copies of the completed papers must be
left with the court and served on the tenant.
In court, explain
your complaint to the judge. After hearing both sides, the judge may
issue a court order requiring the tenant to vacate the premises. If the
tenant is ordered to leave and doesn't, the county sheriff removes the
tenant and his or her belongings from the premises. The sheriff may
require a bond from you to cover the county's costs.
Can a landlord evict a tenant for selling drugs or engaging in gang activity on the premises? A
landlord can evict a tenant if the landlord receives written notice
from any law enforcement agency that the tenant has sold drugs or has
engaged in gang activity in the residential unit or on the landlord's
property. The landlord must give the tenant notice five days in advance
of the demand to vacate the premises.
Can a person be evicted in the winter? Yes.
The time of year has no legal impact on an eviction. Specific
circumstances, such as federally subsidized housing and housing for the
elderly, may affect eviction proceedings.
If you are elderly, pregnant, or handicapped, can you use that as a defense in an eviction action? Generally not. However, such circumstances are considered by the judge.
When can a landlord withhold a security deposit? If
you damage the premises – beyond ordinary wear and tear – the landlord
is entitled to use the security deposit to pay for repairs. In
addition, a landlord can withhold the security deposit for waste or
neglect of the premises, nonpayment of rent, nonpayment of amounts owed
for utility service provided by the landlord, nonpayment of amounts
owed by the tenant for direct utility service, and mobile home parking
fees assessed against the tenant by a local unit of government. The
landlord must give you a written reason for withholding the deposit,
and you must give the landlord a new address.
Can a tenant lose ownership of personal property left behind after termination
of tenancy?
Unless there is a written agreement to the contrary, when a tenant moves from
the premises leaving personal property behind, the landlord may do all
of the following:
- store the personal property, with a lien against the property for the
reasonable costs of removal and storage with written notice to the
tenant within 10 days after charges begin;
- give the tenant
notice of the landlord's intent to dispose of the personal property by
sale if the property is not repossessed by the tenant within 30 days of
the notice, and the landlord may deduct from the proceeds of the sale
any costs of the sale or storage charges. If the tenant does not claim
the proceeds within 60 days, the landlord must send the balance to the
Department of Administration for deposit; or
- the landlord may store the personal property without a lien and
return it to the tenant.
Where can you find the Wisconsin landlord-tenant law?
You can get a copy of the applicable laws and "The Wisconsin Way: A Guide
for Landlords and Tenants" from the
Wisconsin
Department of Agriculture, Trade and Consumer Protection.
Call its toll-free number, (800) 422-7128. You'll also find copies of
current Wisconsin Statutes at your public library. Check the index
under "Landlord and Tenant.".
Last updated: May 2003
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