Landlord-Tenant Guide - Wisconsin ATCP 134 Residential Rental Practices

Sep 16, 2026

Landlord-tenant relations in Wisconsin are governed by Wis. Stat. ch. 704 and Wis. Admin. Code ch. ATCP 134, focusing on Residential Rental Practices. The guide explains the scope, including which living arrangements are excluded, and then details core duties for rental agreements, receipts, and disclosure. It covers when landlords must provide written rental terms, when receipts are required for tenant payments, and what landlord identity and contact information must be disclosed. It also addresses disclosure of housing code violations and habitability-related conditions.

LanguageEnglish

CategoryLetters

FormatPDF

Pages14

Reading Time5 min

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Wisconsin Administrative Code Chapter ATCP 134

Scope and Application

Rental agreements and receipts

Disclosure requirements

Identification of landlord or authorized agents

Code violations and conditions affecting habitability

Landlord Tenant Guide Landlord-tenant relations in Wisconsin are regulated [by Wis. Stat. ch. 704](by Wis. Stat. ch. 704), and Wis. Admin. Code ch. ATCP 134. Wisconsin Administrative Code Chapter ATCP 134 (“ATCP 134”) Scope and Application: ATCP 134.01, The Residential Rental Practices rule applies to business practices related to the rental of most residential dwelling units in this state. The Residential Rental Practices rule does not cover the following kinds of living arrangements: • When a person lives in a premises operated by a public or private institution and the person lives there to receive medical, educational, counseling, religious, or similar services. • When a person occupies a hotel, motel, boarding house, rooming house, or similar lodging for less than 60 days and the person is traveling away from their permanent place of residence. • When a person lives in a premises owned and operated by the government or an agency of government. However, these rules do apply to federally subsidized rental housing if the housing is privately owned or operated (which includes HUD "Section 8" housing) . • When a member of a fraternal or social organization lives in a premises operated by that organization. However, if the organization rents rooms to non-members, these rules could apply to those rental agreements. • When a person does commercial agricultural work on the leased premises. • When a person operates and maintains the premises and the person lives on the premises free of charge as part of the employment arrangement. • When a person lives in a dwelling unit that the person is in the process of buying under a contract of sale. ATCP 134.03 Rental agreements and receipts Copies of rental agreements and rules; (ATCP 134.03(1)) If a rental agreement or any of the landlord's rules or regulations are in writing, the landlord should give the tenant a chance to read them before the tenant decides to rent. This gives the tenant a chance to ﬁnd out what all the rental terms and conditions are before deciding whether to rent from that landlord. The landlord and tenant must agree on the essential terms of the tenancy, such asthe total rent, the amount of the security deposit, and the speciﬁc dwelling unit the tenant will occupy. Once the parties sign a written agreement, the tenant must receive a copy of the entire agreement. By approving an individual as a prospective tenant, a landlord does not necessarily enter into a rental agreement with that person until they agree on the essential terms of tenancy.(See ATCP 134.02(10), deﬁnition of "Rental agreement" and the "Note.") Understand, the rules do not require rental agreements to be in writing. Verbal rental agreements are traditional in many parts of the rental industry. Existing statutes allow verbal rental agreements and leases, Wis. Stat. sec. 704.01(1) and (3) . Receipts for tenant payments (ATCP 134.03(2)) The landlord is required to give the tenant a written receipt any time the landlord acceptsan earnest money deposit, a security deposit, or rent paid in cash. If the tenant pays by check, the rules do not require the landlord to provide a receipt, unless the tenant asks for a receipt. ATCP 134.04 Disclosure requirements Identiﬁcation of landlord or authorized agents (ATCP 134.04(1)) In many disputes about building maintenance, tenants indicate that part of the problem is that the tenants are not able to contact the landlord about a pressing problem. To help address these problems, this subsection requires the landlord to disclose, in writing, the name and address of the person or persons authorized to collect rent and the person or persons who manage and maintain the premises. The tenant must be able to contact these people relatively easily. In addition, the landlord must identify an owner of the premises or a person authorized to accept legal papers on behalf of the owner. The rule requires that this add

FAQs

Which residential rental situations are covered by ATCP 134 in Wisconsin?

ATCP 134.01 applies to business practices related to renting most residential dwelling units. It excludes certain arrangements such as housing operated by institutions for service delivery, short-term lodging for travel under 60 days, government-operated housing, certain fraternal arrangements, commercial agricultural work on leased premises, employer-provided free occupancy, and dwellings being purchased under a contract of sale.

When must a landlord provide a written copy of rental agreements and rules?

If rental agreements or the landlord’s rules or regulations are in writing, the landlord should give the tenant a chance to read them before deciding to rent. After the parties sign a written agreement, the tenant must receive a copy of the entire agreement.

What disclosure must landlords make about landlord identity and code violations?

Landlords must disclose in writing the name and address of authorized rent-collecting persons and those managing and maintaining the premises, and identify an owner or an authorized person to accept legal papers. Addresses must be within Wisconsin (not a Post Office Box), with notice of changes within 10 business days. Landlords must also disclose known building or housing code violations and habitability-related problems that pose significant threats to health or safety, including conditions like lack of hot/cold running water, unsafe heating, unsafe electrical systems, substantial hazards, and lack of plumbing facilities in good operating condition.

Sep 16, 2026

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