Nonstandard Rental Provisions 

Nonstandard Rental Provisions (last updated: 4/1/2016) – GET FORM HERE 
Drafted by: Attorney Gregg Willich of Willich Law Office, LLC

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From the Author:

This form allows a landlord to withhold amounts from a tenant’s security deposit for reasons not expressly spelled out in the Wisconsin Statutes. A landlord may also find other useful provisions, such as those related to lawn care and snow removal. Click here for details on updates to this form.

Pursuant to § 704.28(2), Wis. Stats., a rental agreement may have provisions that permit a landlord to withhold amounts from a tenant’s security deposit for reasons not specified in § 704.28(1)(a)-(e), Wis. Stats., provided those provisions are in a separate document entitled NONSTANDARD RENTAL PROVISIONS. Additionally, the landlord must specifically identify each of the applicable provisions with the tenant before the tenant enters into a rental agreement with the landlord. The tenant’s initials or signature by a nonstandard rental provision creates a rebuttable presumption that the landlord has specifically identified the nonstandard rental provision with the tenant and that the tenant has agreed to it.

Here are the reasons for which a landlord can withhold amounts from a tenant’s security deposit:

  1. Tenant damage, waste, or neglect of the premises.*
  2. Unpaid rent for which the tenant is legally responsible, subject to the landlord’s requirement to mitigate.
  3. Payment that the tenant owes under the rental agreement for utility services provided by the landlord but not included in the rent.
  4. Payment that the tenant owes for direct utility service provided by a government-owned utility, to the extent that the landlord becomes liable for the tenant’s nonpayment.
  5. Unpaid monthly municipal permit fees assessed against the tenant by a local unit of government under § 66.0435(3), Wis. Stats., to the extent that the landlord becomes liable for the tenant’s nonpayment. This provision is related to manufactured and mobile home communities.
  6. Any other payment for a reason provided in a properly executed nonstandard rental provisions document.*

* Keep in mind, however, that a landlord may not withhold any amount from a security deposit for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible under applicable law.

Form Updates

4/1/2016 Update

Notable changes:

  • LAWN CARE and SNOW/ICE REMOVAL sections: extra line added to each section for details.
  • Signatory block: changed the signatory block to be consistent with the Wisconsin Residential Rental Agreement form.