ATCP 134.03(1) (1) Copies of rental agreements, rules. Rental agreements and rules and regulations established by the landlord, if in writing, shall be furnished to prospective tenants for their inspection before a rental agreement is entered into, and before any earnest money or security deposit is accepted from the prospective tenant. Copies shall be given to the tenant at the time of agreement.

ATCP 134.03(2) (2) Receipts for tenant payments.

ATCP 134.03(2)(a) (a) Immediately upon accepting any earnest money or security deposit, the landlord shall provide the tenant or prospective tenant with a written receipt for the deposit, stating the nature of the deposit and its amount. A receipt is not required where payment is made by check bearing a notation describing the purpose for which it was given, unless requested by the tenant.

ATCP 134.03(2)(b) (b) If a tenant pays rent in cash, the landlord upon receiving the cash payment shall provide the tenant with a written receipt stating the nature and amount of the payment. A landlord is not required to provide a receipt for rent payments made by check.

ATCP 134.03 History History: Cr. Register, February, 1980, No. 290, eff. 5-1-80; renum. (2) to be (2) (a), cr. (2) (b), Register, December, 1998, No. 516, eff. 1-1-99.

ATCP 134.04 ATCP 134.04 Disclosure requirements.

ATCP 134.04(1) (1) Identification of landlord or authorized agents.

ATCP 134.04(1)(a) (a) The landlord shall, except as provided under par. (c), disclose to the tenant in writing, at or before the time a rental agreement is entered into, the name and address of:

ATCP 134.04(1)(a)1. 1. The person or persons authorized to collect or receive rent and manage and maintain the premises, and who can readily be contacted by the tenant; and

ATCP 134.04(1)(a)2. 2. The owner of the premises or other person authorized to accept service of legal process and other notices and demands on behalf of the owner. The address disclosed under this subdivision shall be an address within the state at which service of process can be made in person.

ATCP 134.04(1)(b) (b) A landlord shall keep tenants informed of changes, if any, in the information required under par. (a). The landlord shall mail or deliver written notice of each change within 10 business days after the change occurs.

ATCP 134.04(1)(c) (c) This subsection does not apply to an owner-occupied structure containing no more than 4 dwelling units.

ATCP 134.04(2) (2) Code violations and conditions affecting habitability. Before entering into a rental agreement or accepting any earnest money or security deposit from the prospective tenant, the landlord shall disclose to the prospective tenant:

ATCP 134.04(2)(a) (a) Any building code or housing code violation to which all of the following apply:

ATCP 134.04(2)(a)1. 1. The landlord has actual knowledge of the violation.

ATCP 134.04(2)(a)2. 2. The violation affects the dwelling unit that is the subject of the prospective rental agreement or a common area of the premises.

ATCP 134.04(2)(a)3. 3. The violation presents a significant threat to the prospective tenant’s health or safety.

ATCP 134.04(2)(a)4. 4. The violation has not been corrected.

ATCP 134.04(2)(b) (b) The following conditions affecting habitability, the existence of which the landlord knows or could know on basis of reasonable inspection, whether or not notice has been received from code enforcement authorities:

ATCP 134.04(2)(b)1. 1. The dwelling unit lacks hot or cold running water.

ATCP 134.04(2)(b)2. 2. Heating facilities serving the dwelling unit are not in safe operating condition, or are not capable of maintaining a temperature, in all living areas of the dwelling unit, of at least 67° F (19° C) during all seasons of the year in which the dwelling unit may be occupied. Temperatures in living areas shall be measured at the approximate center of the room, midway between floor and ceiling.

ATCP 134.04(2)(b)3. 3. The dwelling unit is not served by electricity, or the electrical wiring, outlets, fixtures or other components of the electrical system are not in safe operating condition.

ATCP 134.04(2)(b)4. 4. Any structural or other conditions in the dwelling unit or premises which constitute a substantial hazard to the health or safety of the tenant, or create an unreasonable risk of personal injury as a result of any reasonably foreseeable use of the premises other than negligent use or abuse of the premises by the tenant.

ATCP 134.04(2)(b)5. 5. The dwelling unit is not served by plumbing facilities in good operating condition.

ATCP 134.04(2)(b)6. 6. The dwelling unit is not served by sewage disposal facilities in good operating condition.

ATCP 134.04(3) (3) Utility charges. If charges for water, heat or electricity are not included in the rent, the landlord shall disclose this fact to the tenant before entering into a rental agreement or accepting any earnest money or security deposit from the prospective tenant. If individual dwelling units and common areas are not separately metered, and if the charges are not included in the rent, the landlord shall disclose the basis on which charges for utility services will be allocated among individual dwelling units.

ATCP 134.04 History History: Cr. Register, February, 1980, No. 290, eff. 5-1-80; am. (1) (b), (2) (b) 1. and 2., cr. (2) (b) 5. and 6., Register, December, 1998, No. 516, eff. 1-1-99; CR 14-038: r. and recr. (2) (a) Register August 2015 No. 716, eff. 11-1-15.

ATCP 134.05 ATCP 134.05 Earnest money deposits and credit check fees.

ATCP 134.05(1) (1) Accepting an earnest money deposit. A landlord may not accept an earnest money deposit or security deposit from a rental applicant until the landlord identifies to the applicant the dwelling unit or units for which that applicant is being considered for tenancy.