ATCP 134.06(5)
(5) Tenant failure to leave forwarding address. A landlord who has otherwise complied with this section shall not be considered in violation solely because the postal service has been unable to complete mail delivery to the person addressed. This subsection does not affect any other rights that a tenant may have under law to the return of a security deposit.
ATCP 134.06 Note
Note: "Deliver" includes delivery by an agent of the landlord such as a private courier service.
ATCP 134.06 History
History: Cr.
Register, February, 1980, No. 290, eff. 5-1-80; r. and recr. (1) to (3),
Register, December, 1998, No. 516, eff. 1-1-99; correction in (1) (a) (intro.) made under s. 13.93 (2m) (b) 7., Stats.,
Register, June, 1999, No. 522; correction in (3) (a) 5. made under s. 13.93 (2m) (b) 7., Stats.,
Register October 2004 No. 586.
ATCP 134.07(1)(1)
Date of completion. Every promise or representation made by a landlord to a tenant or prospective tenant to the effect that the dwelling unit or any other portion of the premises, including furnishings or facilities, will be cleaned, repaired or otherwise improved by the landlord shall specify the date or time period on or within which the cleaning, repairs or improvements are to be completed.
ATCP 134.07(2)
(2) Initial promises in writing. All promises made before the initial rental agreement shall be in writing with a copy furnished to the tenant.
ATCP 134.07(3)
(3) Performance; unavoidable delays. No landlord shall fail to complete the promised cleaning, repairs or improvements on the date or within the time period represented under
sub. (1), unless the delay is for reason of labor stoppage, unavailability of supplies or materials, unavoidable casualties, or other causes beyond the landlord's control. The landlord shall give timely notice to the tenant of reasons beyond the landlord's control for any delay in performance, and stating when the cleaning, repairs or improvements will be completed.
ATCP 134.07 History
History: Cr.
Register, February, 1980, No. 290, eff. 5-1-80.
ATCP 134.08
ATCP 134.08
Prohibited rental agreement provisions. No rental agreement may:
ATCP 134.08(1)
(1) Authorize the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under
ch. 799, Stats.
ATCP 134.08(2)
(2) Provide for an acceleration of rent payments in the event of tenant default or breach of obligations under the rental agreement, or otherwise purport to waive the landlord's obligation to mitigate damages as provided under s.
704.29, Stats.
ATCP 134.08(3)
(3) Require payment, by the tenant, of attorney's fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement. This does not prevent the recovery of costs or attorney's fees by a landlord or tenant pursuant to a court order under ch.
799 or
814, Stats.
ATCP 134.08(4)
(4) Authorize the landlord or any agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement.
ATCP 134.08(5)
(5) Relieve, or purport to relieve the landlord from liability for property damage or personal injury caused by negligent acts or omissions of the landlord. This does not affect ordinary maintenance obligations assumed by a tenant under a rental agreement, in accordance with
sub. (7) and s.
704.07, Stats.
ATCP 134.08(6)
(6) Impose, or purport to impose liability on a tenant for:
ATCP 134.08(6)(a)
(a) Personal injury arising from causes clearly beyond the tenant's control.
ATCP 134.08(6)(b)
(b) Property damage caused by natural disasters, or by persons other than the tenant or the tenant's guests or invitees. This does not affect ordinary maintenance obligations assumed by a tenant under the rental agreement, in accordance with
sub. (7) and s.
704.07, Stats.
ATCP 134.08(7)
(7) Waive any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition, or maintain the premises during tenancy.
ATCP 134.08 History
History: Cr.
Register, February, 1980, No. 290, eff. 5-1-80; correction in (1) and (3) made under s. 13.93 (2m), (b) 7., Stats.,
Register, August, 1990, No. 416; am. (7),
Register, December, 1998, No. 516, eff. 1-1-99.
ATCP 134.09(1)
(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.
ATCP 134.09(2)(a)1.
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.
ATCP 134.09(2)(a)2.
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.
ATCP 134.09(2)(b)1.
1. The tenant, knowing the proposed time of entry, requests or consents in advance to the entry.
ATCP 134.09(2)(b)3.
3. The tenant is absent and the landlord reasonably believes that entry is necessary to protect the premises from damage.
ATCP 134.09(2)(c)
(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.
ATCP 134.09 Note
Note: The separate written document under par. (c) may be pre-printed.
ATCP 134.09(2)(d)
(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.
ATCP 134.09 Note
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.
ATCP 134.09(3)
(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.
ATCP 134.09(4)(a)(a) No landlord may seize or hold a tenant's personal property, or prevent the tenant from taking possession of the tenant's personal property, except as authorized under s.
704.05 (5), Stats., or a written lien agreement between the landlord and tenant.
ATCP 134.09(4)(b)
(b) A lien agreement under
par. (a), if any, shall be executed in writing at the time of the initial rental agreement. The landlord shall include the lien agreement in a separate written document entitled "NONSTANDARD RENTAL PROVISIONS" which the landlord provides to the tenant. The landlord shall specifically identify and discuss the lien agreement with the tenant before the tenant enters into any rental agreement with the landlord. The lien agreement is not effective unless signed or initialed by the tenant.
ATCP 134.09 Note
Note: See s.
704.11, Stats.
ATCP 134.09(5)
(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:
ATCP 134.09(5)(a)
(a) Reported a violation of this chapter or a building or housing code to any governmental authority, or filed suit alleging such violation; or
ATCP 134.09(5)(b)
(b) Joined or attempted to organize a tenant's union or association; or
ATCP 134.09(5)(c)
(c) Asserted, or attempted to assert any right specifically accorded to tenants under state or local law.
ATCP 134.09(6)
(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.
ATCP 134.09(7)
(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.
ATCP 134.09(8)(a)(a) No landlord may charge a late rent fee or late rent penalty to a tenant, except as specifically provided under the rental agreement.
ATCP 134.09(8)(b)
(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.
ATCP 134.09(8)(c)
(c) No landlord may charge any tenant a fee or penalty for nonpayment of a late rent fee or late rent penalty.
ATCP 134.09(9)(a)(a) No landlord may do any of the following for the purpose of inducing any person to enter into a rental agreement:
ATCP 134.09(9)(a)1.
1. Misrepresent the location, characteristics or equivalency of dwelling units owned or offered by the landlord.
ATCP 134.09(9)(a)2.
2. Misrepresent the amount of rent or non-rent charges to be paid by the tenant.
ATCP 134.09(9)(a)3.
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.
ATCP 134.09(9)(b)
(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.
ATCP 134.09 Note
Note: Paragraph (b) prohibits "bait and switch" rental practices by landlords. See also s.
100.18(9), Stats.
ATCP 134.09 History
History: Cr.
Register, February, 1980, No. 290, eff. 5-1-80; am. (2) and (4),
Register, December, 1998, No. 516, eff. 1-1-99.
ATCP 134.10
ATCP 134.10
Effect of rules on local ordinances. ATCP 134.10(1)(1) This chapter does not prohibit or nullify any local government ordinance with which it is not in direct conflict as provided in
sub. (2).
ATCP 134.10(2)
(2) In the event of any direct conflict between this chapter and any local government ordinance, such that compliance with one can only be achieved by violating the other, this chapter shall be controlling.
ATCP 134.10(3)
(3) Compliance with local government ordinances shall not relieve any person from the duty of complying with this chapter.
ATCP 134.10 History
History: Cr.
Register, February, 1980, No. 290, eff. 5-1-80.
