Chapter ATCP 134

ATCP 134.08 Note Note: A provision requiring the tenant to pay for professional carpet cleaning, in the absence of negligence or improper use by the tenant, does not render a rental agreement void under sub. (7). Because routine carpet cleaning is not a statutorily-imposed obligation of a landlord, assigning this responsibility to a tenant through a contractual provision does not render a rental agreement void. OAG 4-13.

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; CR 14-038: r. and recr. Register August 2015 No. 716, eff. 11-1-15.

ATCP 134.09 ATCP 134.09 Prohibited practices.

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) (2) Unauthorized entry.

ATCP 134.09(2)(a) (a) Except as provided under par. (b) or (c), no landlord may do any of the following:

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) (b) Paragraph (a) does not apply to an entry if any of the following applies:

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)2. 2. A health or safety emergency exists.

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) (4) Confiscating personal property.

ATCP 134.09(4)(a) (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.

ATCP 134.09(4)(b) (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.

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) (8) Late rent fees and penalties.

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) (9) Misrepresentations.

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; CR 14-038: r. and recr. (4) (a), am. (4) (b) Register August 2015 No. 716, eff. 11-1-15.

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.