ATCP 134.08   Prohibited rental agreement provisions — rental agreement that contains certain provisions is void.

ATCP 134.09   Prohibited practices.

ATCP 134.10   Effect of rules on local ordinances.

Ch. ATCP 134 Note Note: Chapter Ag 134 was renumbered chapter ATCP 134 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

Ch. ATCP 134 Note Note: This chapter is adopted under authority of s. 100.20 (2), Stats., and is administered by the Wisconsin department of agriculture, trade and consumer protection. Violations of this chapter may be prosecuted under s. 100.20 (6), 100.26 (3) or (6), Stats. A person who suffers a monetary loss because of a violation of this chapter may sue the violator directly under s. 100.20 (5), Stats., and may recover twice the amount of the loss, together with costs and reasonable attorneys’ fees.

ATCP 134.01 ATCP 134.01 Scope and application. This chapter is adopted under authority of s. 100.20, Stats. This chapter applies to the rental of dwelling units located in this state, but does not apply to the rental or occupancy of any of the following:

ATCP 134.01(1) (1) A dwelling unit operated by a public or private institution if occupancy is incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar services.

ATCP 134.01(2) (2) A dwelling unit occupied by a member of a fraternal or social organization which operates that dwelling unit.

ATCP 134.01(3) (3) A dwelling unit occupied, under a contract of sale, by the purchaser of the dwelling unit or the purchaser’s successor in interest.

ATCP 134.01(4) (4) A dwelling unit, such as a dwelling unit in a hotel, motel or boarding house, that is being rented only by tourist or transient occupants.

ATCP 134.01(5) (5) A dwelling unit which the landlord provides free of charge to any person, or which the landlord provides as consideration to a person whom the landlord currently employs to operate or maintain the premises.

ATCP 134.01(6) (6) A dwelling unit occupied by a tenant who is engaged in commercial agricultural operations on the premises.

ATCP 134.01(7) (7) A dwelling unit owned and operated by government, or a subdivision or agency of government.

ATCP 134.01 History History: Cr. Register, February, 1980, No. 290, eff. 5-1-80; am. (intro.), (1) to (6), Register, December, 1998, No. 516, eff. 1-1-99; am. (7), Register, June, 1999, No. 522, eff. 7-1-99.

ATCP 134.02 ATCP 134.02 Definitions.

ATCP 134.02(1) (1) “Building and housing codes” means laws, ordinances, or governmental regulations concerning the construction, maintenance, habitability, operation, occupancy, use or appearance of any premises or dwelling unit.

ATCP 134.02(1m) (1m) “Consumer credit report” has the meaning given for “consumer report” in 15 USC 1681a(d).

ATCP 134.02(1r) (1r) “Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis” has the meaning given in 15 USC 1681a(p), and includes the agency’s contract affiliates.

ATCP 134.02(2) (2) “Dwelling unit” means a structure or that part of a structure that is primarily used as a home, residence, or place of abode. The term includes a manufactured home as defined in s. ATCP 125.01 (1s) or site as defined in s. ATCP 125.01 (7).

ATCP 134.02(3) (3) “Earnest money deposit” means the total of any payments or deposits, however denominated or described, given by a prospective tenant to a landlord in return for the option of entering into a rental agreement in the future, or for having a rental agreement considered by a landlord. “Earnest money deposit” does not include a fee which a landlord charges for a credit check in compliance with s. ATCP 134.05 (3).

ATCP 134.02(5) (5) “Landlord” means the owner or lessor of a dwelling unit under any rental agreement, and any agent acting on the owner’s or lessor’s behalf. The term includes sublessors, other than persons subleasing individual units occupied by them.

ATCP 134.02(6) (6) “Lease” means a lease as defined in s. 704.01 (1), Stats.

ATCP 134.02(7) (7) “Owner” means one or more persons, jointly or severally, vested with all or part of the legal title to the premises or all or part of the beneficial ownership and right to present use and enjoyment of the premises. The term includes a mortgagee in possession.

ATCP 134.02(8) (8) “Person” means an individual, partnership, corporation, association, estate, trust, and any other legal or business entity.

ATCP 134.02(9) (9) “Premises” means the property covered by the lease, including not only the realty and fixtures, but also any personal property furnished with the realty.

ATCP 134.02(10) (10) “Rental agreement” means an oral or written agreement between a landlord and tenant, for the rental or lease of a specific dwelling unit or premises, in which the landlord and tenant agree on the essential terms of the tenancy, such as rent. “Rental agreement” includes a lease. “Rental agreement” does not include an agreement to enter into a rental agreement in the future.

ATCP 134.02 Note Note: By approving an individual as a prospective tenant, a landlord does not necessarily enter into a “rental agreement” with that individual, or vice-versa. A “rental agreement: (creating a tenancy interest in real estate) arises only after the parties agree on the essential terms of tenancy, including the specific dwelling unit which the tenant will occupy and the amount of rent which the tenant will pay for that dwelling unit.

ATCP 134.02(11) (11) “Security deposit” means the total of all payments and deposits given by a tenant to the landlord as security for the performance of the tenant’s obligations, and includes all rent payments in excess of 1 month’s prepaid rent.