Pre-rental information
Landlords are required to disclose information to possible tenants prior to accepting their money. This is required so tenants can decide if they are interested in the apartment. Also, landlords are required to include written information in the lease so the tenant has full disclosure of the condition of the apartment and who to contact if there are problems.
Renter's copies of agreements
Renters must be allowed to inspect copies of all written agreements and rules before they pay any money to the landlord or make any rental agreement. After a tenant signs a lease the tenant must receive a copy of the signed lease. If you request one from the landlord and they do not respond, the tenant can make a complaint to the Department of Agriculture, Trade, and Consumer Protection (608-224-4960 or 1-800-422-7128).
Disclosure of owner/manager information
Landlords must give the following information to renters in writing before or at the time a rental agreement is made:
- The name and address of the person who collects the rent.
- The name of the person who manages the building.
- The name and address of the person to contact for repairs.The tenant must be able to contact that person easily.
- The owner or other person authorized to accept legal papers and other notices. This address must be in the state of Wisconsin and must be a street address, not a post office box.
Landlords who live in and manage buildings with four or fewer apartments do not have to provide owner/manager information in writing; it is assumed they will manage the building and accept legal papers. Tenants must be notified of any change in the name or the address of the owner/manager, the person to contact for maintenance and/or the person who accepts legal papers. City of Madison and Fitchburg ordinances require that all owner/manager information must be kept up to date. For a change in ownership, the ordinances require that any new landlord, owner or manager has to disclose the change in ownership within 10 days. The ordinances also provide for penalties of $25 to $500 (in this situation) if this information is not disclosed.
What if the landlord fails to provide this information?
- Contact the city assessor/treasurer or county register of deeds and find out who owns the property and where that person lives.
- Look in the phone book or call directory assistance for that person's home number in case there is a need to reach the landlord in an emergency.
- Send any rent or repair requests to the address of the owner, along with a request for any further information which was not disclosed in the rental agreement. Keep a copy of all written requests sent to a landlord.
- Send the rent payment "return receipt" mail so you have a receipt to verify delivery. After having sent the first payment, there may not be a need to send future payments if there are no more problems.
Utility disclosure information
Before making a rental agreement or accepting any money from the tenant, the landlord must tell the tenant what utilities are not included in the rent. The landlord must also tell the tenant if the tenant will be paying for any utilities in common areas of the apartment building including hallways, yards, parking lots and laundry rooms. If the apartments do not have separate utility meters, the landlord must disclose this information as well as the way each renter will pay is decided. When the landlord informs the tenant that the tenant will be paying for someone else as utilities, the tenant should negotiate a fair payment plan and have the agreement written into the lease and initialed by all parties. For example, if two tenants live in #1 and four live in #2 and there is a shared meter, it is probably not fair for each apartment to pay 50% of the utilities. A more fair payment plan would be if #1 paid 1/3 and #2 paid 2/3 of the utility bill; the amount in each scenario would correspond to the number of people living in an apartment rather than the number of apartments.
What if the utility information was not disclosed?
- Call the local utility company for assistance. A service person from the utility company can visit the apartment and determine the utilities for which you pay.
- If you find out you are paying for someone else's utilities, ask for a copy of previous bills and estimate the amount the landlord should refund to you. The utility company can help with the estimate.
Tenants who find out they have a shared meter which was not disclosed should:
- Write a letter to the landlord requesting a refund within a certain amount of time (such as two weeks).
- If the landlord does not respond, file a complaint with Department of Agriculture, Trade and Consumer Protection (608-224-4960 or 1-800-422-7128).
- If you and your landlord still are unable to come to an agreement, mediation may be helpful. For details, call the Housing Mediation Service at (608) 257-2799.
- If the landlord does not comply, the tenant may sue in Small Claims Court for double damages.
Disclosure of building code violations
The landlord must tell the tenant about building code violations before renting to the tenant. The landlord is required to disclose the following conditions to the tenant:
- lack of hot or cold running water;
- lack of plumbing or sewage disposal facilities in good working order;
- heating facilities which are not in safe working order or are not capable of maintaining a temperature in the dwelling unit of at least 67°F;
- electrical wiring, outlets, fixtures or other components of the electrical system which are not in safe operating condition;
- lack of electricity to the unit;
- any structural or other conditions in the dwelling unit which are a substantial health and safety hazard to the tenant.
Promises to repair
All promises to repair that the landlord makes before entering into a rental agreement must be in writing. A completion date for the repair must also be given to the renter.
Lead paint requirements
According to Housing and Urban Development (HUD), dwellings built prior to 1978 need to be tested for lead paint if they will be rented to families. Where lead paint is found, the owner of the building either must remove the existing paint or contain the paint. Call HUD (414) 297-1493 or the Tenant Resource Center if you suspect a lead paint problem.
Disclaimer
No part of this webpage should be regarded as legal advice or considered a replacement for a landlord's or tenant's responsibility to be familiar with the law. If legal assistance is required, the services of a housing attorney should be sought.
If you have comments or suggestions, email jeremy@foxcitiesrentals.com,