Current through August 26, 2024
(1) ADVERTISING OR RENTAL OF CONDEMNED
PREMISES. No landlord may rent or advertise for rent any premises which have
been placarded and condemned for human habitation, or on which a notice of
intent to placard and condemn, or an order to raze, or to rehabilitate or raze,
or any similar order has been received under state or local laws or ordinances,
until and unless all repairs required to bring the property into compliance
with the laws or ordinances have been completed.
(2) UNAUTHORIZED ENTRY.
(a) Except as provided under par. (b) or (c),
no landlord may do any of the following:
1.
Enter a dwelling unit during tenancy except to inspect the premises, make
repairs, or show the premises to prospective tenants or purchasers, as
authorized under s.
704.05(2),
Stats. A landlord may enter for the amount of time reasonably required to
inspect the premises, make repairs, or show the premises to prospective tenants
or purchasers.
2. Enter a dwelling
unit during tenancy except upon advance notice and at reasonable times. Advance
notice means at least 12 hours advance notice unless the tenant, upon being
notified of the proposed entry, consents to a shorter time period.
(b) Paragraph (a) does not apply
to an entry if any of the following applies:
1. The tenant, knowing the proposed time of
entry, requests or consents in advance to the entry.
2. A health or safety emergency
exists.
3. The tenant is absent and
the landlord reasonably believes that entry is necessary to protect the
premises from damage.
(c) A rental agreement may include a
nonstandard rental provision authorizing a landlord to enter a tenant's
dwelling unit at reasonable times, under circumstances not authorized under
par. (a) or (b). The landlord shall include the nonstandard provision, if any,
in a separate written document entitled
"NONSTANDARD RENTAL
PROVISIONS" which the landlord provides to the tenant. The landlord
shall specifically identify and discuss the nonstandard provision with the
tenant before the tenant enters into any rental agreement with the landlord. If
the tenant signs or initials the nonstandard rental provision, it is rebuttably
presumed that the landlord has specifically identified and discussed that
nonstandard provision with the tenant, and that the tenant has agreed to it.
Note: The separate written document under par.
(c) may be pre-printed.
(d)
No landlord may enter a dwelling unit during tenancy without first announcing
his or her presence to persons who may be present in the dwelling unit, and
identifying himself or herself upon request.
Note: For example, a landlord may announce his
or her presence by knocking or ringing the doorbell. If anyone is present in
the dwelling unit, the landlord must then identify himself or herself upon
request.
(3)
AUTOMATIC LEASE RENEWAL WITHOUT NOTICE. No landlord shall enforce, or attempt
to enforce, an automatic renewal or extension provision in any lease unless, as
provided under s.
704.15,
Stats., the tenant was given separate written notice of the pending automatic
renewal or extension at least 15 days, but no more than 30 days before its
stated effective date.
(4)
CONFISCATING PERSONAL PROPERTY.
(a) Except as
provided in ss.
704.05(5),
704.11 and
779.43,
Stats., or by express agreement of the parties, a landlord has no right to a
lien and is prohibited from seizing or holding a tenant's property.
(b) An express agreement under par. (a), if
any, shall be executed in writing at the time of the initial rental agreement.
The landlord shall include the agreement in a separate written document
entitled "NONSTANDARD RENTAL PROVISION" which the landlord provides to the
tenant. The landlord shall specifically identify and discuss the agreement with
the tenant before the tenant enters into any rental agreement with the
landlord. The agreement is not effective unless signed or initialed by the
tenant.
Note: See s.
704.11,
Stats.
(5)
Retaliatory eviction. No landlord shall terminate a tenancy or
give notice preventing the automatic renewal of a lease, or constructively
evict a tenant by any means including the termination or substantial reduction
of heat, water or electricity to the dwelling unit, in retaliation against a
tenant because the tenant has:
(a) Reported a
violation of this chapter or a building or housing code to any governmental
authority, or filed suit alleging such violation; or
(b) Joined or attempted to organize a
tenant's union or association; or
(c) Asserted, or attempted to assert any
right specifically accorded to tenants under state or local law.
(6) FAILURE TO DELIVER POSSESSION.
No landlord shall fail to deliver possession of the dwelling unit to the tenant
at the time agreed upon in the rental agreement, except where the landlord is
unable to deliver possession because of circumstances beyond the landlord's
control.
(7) SELF-HELP EVICTION. No
landlord may exclude, forcibly evict or constructively evict a tenant from a
dwelling unit, other than by an eviction procedure specified under ch. 799,
Stats.
(8) LATE RENT FEES AND
PENALTIES.
(a) No landlord may charge a late
rent fee or late rent penalty to a tenant, except as specifically provided
under the rental agreement.
(b)
Before charging a late rent fee or late rent penalty to a tenant, a landlord
shall apply all rent prepayments received from that tenant to offset the amount
of rent owed by the tenant.
(c) No
landlord may charge any tenant a fee or penalty for nonpayment of a late rent
fee or late rent penalty.
(9) MISREPRESENTATIONS.
(a) No landlord may do any of the following
for the purpose of inducing any person to enter into a rental agreement:
1. Misrepresent the location, characteristics
or equivalency of dwelling units owned or offered by the landlord.
2. Misrepresent the amount of rent or
non-rent charges to be paid by the tenant.
3. Fail to disclose, in connection with any
representation of rent amount, the existence of any non-rent charges which will
increase the total amount payable by the tenant during tenancy.
(b) No landlord may misrepresent
to any person, as part of a plan or scheme to rent a dwelling unit to that
person, that the person is being considered as a prospective tenant for a
different dwelling unit.
Paragraph (b) prohibits "bait and switch" rental practices
by landlords. See also s.
100.18(9),
Stats.
