How to become a landlord in Wisconsin

Prepare the home and disclosures before signing or taking money. Build a realistic budget, use lawful application and lease terms, then set up the check-in record, payments and repair process. Follow the detailed guide topics for the conditions and deadlines behind each step (Wis. Admin. Code § ATCP 134.04(2); Wis. Admin. Code § ATCP 134.04(3); Wis. Stat. § 704.07(2)(bm)).

• Compare similar homes and note what the asking rent includes. List taxes, insurance, utilities you pay, repairs, turnover and vacancy in a property budget, with a reserve for unexpected work. Check the address’s zoning, rental registration, inspection and safety requirements. Complete repairs and review known code or habitability problems before offering the home (Wis. Stat. § 704.07(2)).See Repairs and habitability on the Wisconsin page
• Before signing or accepting earnest money or a deposit, prepare the required written condition and utility disclosures. Have the owner and management contacts ready. Review the lease’s domestic-abuse notice, prohibited clauses and any nonstandard rental provisions rather than relying on a generic form or treating every proposed clause as enforceable (Wis. Admin. Code § ATCP 134.04(2); Wis. Admin. Code § ATCP 134.04(3); Wis. Stat. § 704.07(2)(bm)).See Required disclosures and lease terms on the Wisconsin page
• Use consistent lawful screening criteria and review the separate rules for credit-report costs, background checks and earnest money before collecting charges. Keep the required report copies, receipts and decision notices. Confirm the agreed rent, deposits, utilities, dates, payment arrangements and entry procedure in the rental documents (Wis. Stat. § 704.085(1)(a); Wis. Admin. Code § ATCP 134.05(4)(a)).See Application and screening fees on the Wisconsin page
• Give the new tenant the check-in sheet and explain the return process. Keep dated condition photos and track the returned sheet. Explain how to pay rent and report ordinary repairs or urgent problems. Store the ledger, receipts, communications, notices and maintenance history together with appropriate access limits, and calendar lease events and deadlines (Wis. Stat. § 704.08).See Move-in condition and check-in on the Wisconsin page

Before signing a rental agreement or taking earnest money or a deposit, disclose in writing any uncorrected building or housing code violation you actually know of that affects the unit or a common area and is a significant threat to health or safety, and any of the listed habitability problems you know of or could find by reasonable inspection. Also disclose if water, heat or electricity is not included in the rent, and how unmetered charges are split (Wis. Admin. Code § ATCP 134.04(2); Wis. Admin. Code § ATCP 134.04(3); Wis. Stat. § 704.07(2)(bm)).

• The listed habitability problems are: no hot or cold running water; heat that is unsafe or cannot keep living areas at 67 degrees Fahrenheit; no electricity or unsafe wiring; structural or other conditions that are a substantial hazard; and plumbing or sewage disposal not in good operating condition (Wis. Admin. Code § ATCP 134.04(2)(b)).
• Every residential rental agreement must include the statutory NOTICE OF DOMESTIC ABUSE PROTECTIONS, in the agreement or an addendum (Wis. Stat. § 704.14).
• A rental agreement is void and unenforceable if it: lets you retaliate for calls to police, health or safety services; allows eviction other than through the courts; accelerates rent or waives your duty to mitigate; makes the tenant pay your attorney fees or costs; allows confession of judgment; excuses your own negligence; makes the tenant liable for injury or damage beyond the tenant's control; waives your duty to keep the unit habitable; or allows ending a tenancy solely because of a crime in or on the property of which the tenant or someone living with the tenant was the victim (Wis. Stat. § 704.44; Wis. Admin. Code § ATCP 134.08).
• Show the prospective tenant the written rental agreement and rules before signing and before taking any deposit, and give the tenant a copy when the agreement is made (Wis. Admin. Code § ATCP 134.03(1)).
• An automatic renewal clause cannot be enforced against the tenant unless you give separate written notice of it 15 to 30 days before the tenant's deadline to give notice (Wis. Stat. § 704.15; Wis. Admin. Code § ATCP 134.09(3)).
• Terms letting you enter on other conditions, withhold from the deposit for other reasons, or hold the tenant's property must be in a separate NONSTANDARD RENTAL PROVISIONS document you identify with the tenant before signing (Wis. Stat. § 704.28(2); Wis. Admin. Code § ATCP 134.09(2)(c); Wis. Admin. Code § ATCP 134.09(4)(b)).
• If you will not store belongings a tenant leaves behind, say so in writing when the tenant signs or renews (Wis. Stat. § 704.05(5)(bf)).See Property left behind on the Wisconsin page
• You need not volunteer information about the sex offender registry, but if asked you must disclose what you actually know. Giving timely written notice of how to reach the Department of Corrections registry protects you from liability (Wis. Stat. § 704.50).

At or before signing, give the tenant in writing the name and address of the person authorized to collect rent and manage the property, and of the owner or other person authorized to accept legal papers for the owner. The service address must be in Wisconsin, where papers can be delivered in person (Wis. Admin. Code § ATCP 134.04(1)(a)).

• Mail or deliver written notice of any change within 10 business days (Wis. Admin. Code § ATCP 134.04(1)(b)).
• This does not apply to an owner-occupied building of four or fewer units (Wis. Admin. Code § ATCP 134.04(1)(c)).
• A landlord who does not live in Wisconsin must designate, in writing filed with the Department of Financial Institutions, an in-state agent to accept service of process for actions about the tenancy (Wis. Stat. § 704.22).

Chapter 704 and the rental practices code do not require a flood disclosure for a rental (Wis. Stat. § 704.07; Wis. Admin. Code § ATCP 134.04).

The owner must install working smoke detectors: in apartment and other residential buildings, in the basement, at the head of each stairway on each floor, and in or within 6 feet of each sleeping area; in one and two unit homes, in the basement and on each floor level of each unit except the attic or storage area (Wis. Stat. § 101.145(4); Wis. Stat. § 101.645(3)).

• The occupant maintains the detectors in the unit, but once a tenant gives written notice that one does not work, the owner must make it work within 5 days (Wis. Stat. § 101.145(3)(c); Wis. Stat. § 101.645(3)).
• In a one or two unit home with an attached garage, a fireplace or a fuel-burning appliance, the owner must install carbon monoxide detectors in the basement and on each floor level except the attic, garage or storage area, and fix one within 5 days of written notice that it does not work (Wis. Stat. § 101.647(3)).
• In larger residential buildings, units with fuel-burning appliances, fuel-burning forced-air furnaces or attached garages need carbon monoxide detectors, subject to listed exceptions, which the owner maintains and must repair or replace within 5 days of a tenant's written notice (Wis. Stat. § 101.149(2); Wis. Stat. § 101.149(3)).
• No one may tamper with, disconnect or remove the batteries from an installed carbon monoxide detector (Wis. Stat. § 101.149(4); Wis. Stat. § 101.647(6)).

Chapter 704 and the rental practices code do not require a landlord to rekey or change locks between tenants (Wis. Stat. § 704.16(4)).

• A tenant who gives you a certified copy of a qualifying injunction, no-contact order or criminal complaint may ask you to change the locks. Change them, or let the tenant change them, within 48 hours. The tenant pays the cost and, if the tenant changes them, gives you a key within a reasonable time (Wis. Stat. § 704.16(4)(a); Wis. Stat. § 704.16(4)(b)).
• If the person named in the document is also a tenant of the unit, you need not change the locks unless the document orders that person to avoid the residence or not to contact the requesting tenant (Wis. Stat. § 704.16(4)(c)).
• You are not liable for civil damages for acting to comply with a lock change request (Wis. Stat. § 704.16(4)(d)).

Neither chapter 704 nor the rental practices code caps the amount of a security deposit. A security deposit is everything the tenant pays as security for the tenant's obligations, and it includes any rent paid in advance beyond one month's prepaid rent (Wis. Admin. Code § ATCP 134.02(11); Wis. Stat. § 704.28; Wis. Admin. Code § ATCP 134.06).

• A landlord may not accept a security deposit or earnest money from an applicant until the landlord has identified the unit or units the applicant is being considered for (Wis. Admin. Code § ATCP 134.05(1)).
• Give a written receipt stating the nature and amount of a deposit as soon as you accept it. A receipt is not required for a check that notes its purpose, unless the tenant asks for one (Wis. Admin. Code § ATCP 134.03(2)(a)).
• Before you accept a deposit, show the prospective tenant the written rental agreement and any written rules, and make the disclosures the code requires (Wis. Admin. Code § ATCP 134.03(1); Wis. Admin. Code § ATCP 134.04).See Required disclosures and lease terms on the Wisconsin page
• Cities, villages, towns and counties may not add security deposit or earnest money requirements beyond the state's administrative rules (Wis. Stat. § 66.0104(2)(b)).

Chapter 704 and the rental practices code do not require a landlord to pay interest on a security deposit or to keep it in a separate account (Wis. Stat. § 704.28; Wis. Admin. Code § ATCP 134.06).

• Rent paid in advance beyond one month's prepaid rent is treated as part of the security deposit, so it follows the same return rules (Wis. Admin. Code § ATCP 134.02(11); Wis. Admin. Code § ATCP 134.06(2)).

Give every new tenant a check-in sheet when the tenant moves in. The tenant has 7 days from the start of occupancy to fill it in with any comments on the condition of the home and return it. A renewal does not need a new sheet (Wis. Stat. § 704.08).

• Before you accept a security deposit, tell the tenant in writing that, by a stated date at least 7 days after the tenancy starts, the tenant may inspect the unit and report preexisting damage or defects, and may ask for the list of damages charged to the previous tenant's deposit (Wis. Admin. Code § ATCP 134.06(1)(a)).
• If the tenant asks for that list, provide it within 30 days after the request or within 7 days after you notify the previous tenant of deductions, whichever is later. You need not name the previous tenant or give the amounts withheld (Wis. Admin. Code § ATCP 134.06(1)(b)).
• Any promise to clean, repair or improve the unit must state the date or period for the work, and promises made before the first rental agreement must be in writing with a copy to the tenant (Wis. Admin. Code § ATCP 134.07(1); Wis. Admin. Code § ATCP 134.07(2)).See Repairs and habitability on the Wisconsin page
• Make the check-in sheet useful by identifying the unit and date, noting existing damage room by room and keeping photographs with the returned comments. Record repair promises and their due dates separately, then retain the completed sheet and later correspondence together. This practical file helps distinguish preexisting conditions from a later claim; it does not replace the tenant's statutory check-in rights (Wis. Stat. § 704.08; Wis. Admin. Code § ATCP 134.07(1)).

A landlord may charge a prospective tenant the actual cost of a consumer credit report from a nationwide credit reporting agency, up to $25. Tell the applicant about the charge before you request the report, and give the applicant a copy of it (Wis. Stat. § 704.085(1)(a); Wis. Admin. Code § ATCP 134.05(4)(a)).

• You may not charge for a credit report if, before you request one, the applicant gives you a report from a nationwide agency that is less than 30 days old (Wis. Stat. § 704.085(1)(b); Wis. Admin. Code § ATCP 134.05(4)(b)).
• A background check fee, also the actual cost up to $25 with the same notice and copy, is allowed only for an applicant who is not a Wisconsin resident (Wis. Stat. § 704.085(2)).
• Any other payment for having an application considered is an earnest money deposit. It must be returned in full by the end of the next business day after you reject the application, the applicant withdraws before you accept, or you fail to approve it within 3 business days (or a later date the applicant agrees to in writing, no more than 21 days after you took the deposit) (Wis. Admin. Code § ATCP 134.02(3); Wis. Admin. Code § ATCP 134.05(2)(a)).
• If the approved applicant then declines to sign, you may keep only your actual costs and damages, and lost rent only after reasonable efforts to rerent, unless you significantly changed the terms you had disclosed (Wis. Admin. Code § ATCP 134.05(3)).
• Local governments may not limit a landlord's use of an applicant's income, occupation, rental history, credit information, public court records or proof of identity, or how far back you may look (Wis. Stat. § 66.0104(2)(a)).