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:
- Tenant damage, waste, or neglect of the premises.*
- Unpaid rent for which the tenant is legally responsible, subject to the landlord’s requirement to mitigate.
- Payment that the tenant owes under the rental agreement for utility services provided by the landlord but not included in the rent.
- 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.
- 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.
- 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.