ATCP 134.08(7)(b)(b) Property damage caused by natural disasters, or by persons other than the tenant or the tenant’s guests or invitees. This paragraph does not affect ordinary maintenance obligations of a tenant under s. 704.07, Stats., or of a tenant under a rental agreement or other written agreement between the landlord and the tenant.

ATCP 134.08(8)(8) Waives any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition, or to maintain the premises during the tenant’s tenancy.

ATCP 134.08(9)(9) Allows the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who lawfully resides with the tenant, is a victim, as defined in s. 950.02 (4), Stats., of that crime.

ATCP 134.08(10)(10) Allows the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under s. 704.14, Stats.

ATCP 134.08 NoteNote: 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 HistoryHistory: 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(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)(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)(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(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 NoteNote: 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) 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(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