Moving into a new apartment during your time at UW-Eau Claire is an exciting milestone. For many, it’s the first time you’ll be responsible for a lease agreement. However, not all lease rental agreements follow Wisconsin laws. Some Landlords, especially those running small operations, may unintentionally include clauses in their agreements that are illegal under Wisconsin law.
This article will explain the 10 deadly sins — provisions that cannot be in a Wisconsin residential lease agreement — and how you can assist your Landlord in making sure the lease is compliant. Most small-scale Landlords, or "mom and pop" Landlords, may not know they are violating the law. They might have downloaded a template, bought a lease agreement at the bookstore, or written their own rental agreement without realizing the issues. Your understanding can make the rental process smoother and help keep the peace. It is a good idea to understand what these 10 deadly sins are since just one of them voids the entire lease agreement.
You can go directly to the Wisconsin Statutes and read this for yourself. Here is the link: https://docs.legis.wisconsin.gov/statutes/statutes/704/44 . Otherwise, you will want to read what is summarized below as to what I understand to be the 10 Deadly Sins to a Wisconsin Lease Rental Agreement.
In summary, a Wisconsin Residential Rental Agreement can not have any of the following. Since UWEC is in the heart of Wisconsin, you need to know:
1. The lease can not have language that allows the Landlord to retaliate if you call the government, such as the Eau Claire City County Health Department, the Eau Claire Police Department, or UW-EC Police Department. So if you do contact the government for help with your apartment rental and the lease says or threatens that doing so results in increased in rent, decreased services, automatic eviction, or auto-matic non-renewal, this is DEADLY SIN #1.
2. There can not be an automatic eviction clause in the lease agreement. For example, the lease agreement can not say that if you have a house party with a keg that you are automatically evicted. You can only be evicted by the process of the law through a legal procedure called an eviction. This is DEADLY SIN #2
3. The lease agreement can not contain any language that causes an acceleration of rent in the event of a Tenant default or waives the obligation of the Landlord to mitigate the loss. The Landlord is required to mitigate (or minimize) any loss in the event a Tenant defaults. Let us say for example that you dropped out of UWEC and moved to California to become a rock star and there were 5 months left on the lease agreement. The Landlord can not have a lease clause to accelerate the rent owed to say that you automatically owe rent for these 5 months. The Landlord can not have a lease agreement clause that says the Landlord does not have to mitigate the loss of these 5 months by re-renting to someone else your abandoned apartment. DEADLY SIN #3.
4. The Lease Rental Agreement can not have language that says the Tenant has to Pay the Landlords legal fees if there is a litigated Landlord-Tenant dispute. DEADLY SIN #4.
5. The lease agreement is void if it authorizes the Landlord to confess judgment against the Tenant in court. This one seems obvious enough. D. S. #5
6. The lease agreement can not state that the Landlord is not liable for property damage or personal injury from negligent acts of the Landlord. Which is a good thing because if the Landlord was knowingly and willingly being negligent to cause injury that obviously should not be tolerated. However, you can see why this type of language can make its way into a lease agreement as a CYA clause to attempt to protect the Landlord. DS #6
7. The lease rental agreement can not place liability on the Tenant for things that are out of the Tenants control. For example, a tornado rips through the UWEC campus right down Water Street. Fortunately nobody is hurt except for the tree that was uprooted and thrown through your rental house. You can not be obligated to pay for getting that uprooted tree out of your living room and fixing the house damage. DS #7
8. The lease rental agreement is void if it says that it waives the Landlords right to provide and maintain a habitable dwelling. DEADLY SIN #8
9. The lease agreement can not say that the tenancy is terminated because of a crime on the property whereas the Tenant was the victim. DEADLY SIN #9
10. The lease agreement can not say that you will be evicted for crimes on the rented property unless the lease includes the exact wording of the domestic violence protections found in Wisconsin Statutes 704.14 https://docs.legis.wisconsin.gov/statutes/statutes/704/14 DEADLY SIN #10
Conclusion: Creating a Positive Landlord-Tenant Relationship
In most cases, Landlords don't intentionally break the law when creating a lease agreement. Many are small operations, simply unaware of Wisconsin’s specific requirements. As a UW-Eau Claire student, you can play an important role in helping your Landlord understand what can and cannot be in a lease rental agreement.
By calmly addressing illegal clauses and educating both yourself and your Landlord, you can maintain a peaceful and fair rental relationship. It’s all about working together and ensuring that both parties are following the law. Your knowledge can make the world better.
You may find the summary put out by UW-La Crosse found in the references below helpful as well. Also, there is an article written by attorney Tristan Pettit below in the references and a link to the actual Wisconsin Statute 704.44 which this article summarizes. Forwarding the article written by attorney Tristan or this article to the Landlord with illegal lease language can help.
Disclaimer
Hey there! Thanks for reading our stuff. We want you to know a few important things:
We're General Property Management LLC, right here in good old Eau Claire, WI. You can make an appointment to visit us. Our office is located at 703 5th Avenue #1, Eau Claire, WI 54703 or send written correspondence to General Property Management, LLC, P.O. Box 283, Eau Claire, WI 54702.
If you need to reach us, our email is contact@ec4rent.com and our phone number is 715-832-1200.
We try our best to give you good information, but we're not lawyers. If you have a serious legal problem, it's best to talk to a real attorney.
If you spot any mistakes in what we've written, please let us know! We'd love to fix it or take it down if needed.
We always welcome your comments and thoughts. Your feedback helps us do better!
Remember, when we all do our little part, the world is a better place.
References:
University of Wisconsin-La Crosse, 10 Deadly Sins of a Lease
Pettit Law Office, 10 Provisions Landlords Cannot Include in Wisconsin Rental Agreements
Wisconsin Statutes, https://docs.legis.wisconsin.gov/statutes/statutes/704/44
