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.

ATCP 134.05 Note Note: A credit check fee authorized under sub. (4) is not an “earnest money deposit” or a “security deposit.” See definition of “earnest money deposit” under s. ATCP 134.02 (3).

ATCP 134.05(2) (2) Refunding or crediting an earnest money deposit.

ATCP 134.05(2)(a) (a) A landlord who receives an earnest money deposit from a rental applicant shall send the full deposit to the applicant by first-class mail, or shall deliver the full deposit to the applicant, by the end of the next business day after any of the following occurs:

ATCP 134.05(2)(a)1. 1. The landlord rejects the rental application or refuses to enter into a rental agreement with the applicant.

ATCP 134.05(2)(a)2. 2. The applicant withdraws the rental application before the landlord accepts that application.

ATCP 134.05(2)(a)3. 3. The landlord fails to approve the rental application by the end of the third business day after the landlord accepts the applicant’s earnest money deposit, or by a later date to which the tenant agrees in writing. The later date may not be more than 21 calendar days after the landlord accepts the earnest money deposit.

ATCP 134.05(2)(b) (b) A landlord who receives an earnest money deposit from a rental applicant shall do one of the following if the landlord enters into a rental agreement with that applicant:

ATCP 134.05(2)(b)1. 1. Apply the earnest money deposit as rent or as a security deposit.

ATCP 134.05(2)(b)2. 2. Return the earnest money deposit to the tenant.

ATCP 134.05(2)(c) (c) A person giving an earnest money deposit to a landlord does not waive his or her right to the full refund or credit owed under par. (a) or (b) merely by accepting a partial payment or credit of that amount.

ATCP 134.05(3) (3) Withholding an earnest money deposit.

ATCP 134.05(3)(a) (a) A landlord may withhold from a properly accepted earnest money deposit if the prospective tenant fails to enter into a rental agreement after being approved for tenancy, unless the landlord has significantly altered the rental terms previously disclosed to the tenant.

ATCP 134.05(3)(b) (b) A landlord may withhold from an earnest money deposit, under par. (a), an amount sufficient to compensate the landlord for actual costs and damages incurred because of the prospective tenant’s failure to enter into a rental agreement. The landlord may not withhold for lost rents unless the landlord has made a reasonable effort to mitigate those losses, as provided under s. 704.29, Stats.

ATCP 134.05 Note Note: See Pierce v. Norwick, 202 Wis. 2d 588 (1996), regarding the award of damage claims for failure to comply with provisions of this chapter related to security deposits. The same method of computing a tenant’s damages may apply to violations related to earnest money deposits.

ATCP 134.05(4) (4) Credit check fee.