RESIDENTIAL LEASE AGREEMENT

(Wisconsin – Court-Ready Model Form)

[// GUIDANCE: This template is drafted for use with residential, non-corporate tenants. It complies with Wisconsin landlord–tenant law in effect as of the date of drafting. All bracketed language should be reviewed and tailored for the particular transaction. Citations are provided only where the drafter is fully confident of accuracy, consistent with the Citation Policy.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Lease of Premises
   3.2 Term & Possession
   3.3 Rent & Additional Charges
   3.4 Security Deposit
   3.5 Utilities & Services
   3.6 Use & Occupancy Limits
   3.7 Maintenance; Habitability; Repairs
   3.8 Alterations
   3.9 Entry by Landlord
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Residential Lease Agreement (“Agreement”) made and entered into as of [EFFECTIVE DATE] (“Effective Date”) by and between:

• [LANDLORD LEGAL NAME], a [ENTITY TYPE / INDIVIDUAL], with a mailing address at [LANDLORD ADDRESS] (“Landlord”); and
• [TENANT LEGAL NAME], [marital status / entity type], with a mailing address at [TENANT ADDRESS] (“Tenant”).

Landlord and Tenant are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

Recitals
A. Landlord is the fee owner of certain residential real property located at [STREET ADDRESS, CITY, WI ZIP] (the “Premises”).
B. Tenant desires to lease, and Landlord desires to rent, the Premises pursuant to the terms and conditions of this Agreement and applicable Wisconsin landlord–tenant law.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. All other capitalized terms have the meanings ascribed in the body of this Agreement.

“Additional Rent” – Any monetary obligation of Tenant other than Base Rent, including late fees, utility charges, and costs recoverable by Landlord.

“Base Rent” – The recurring monthly rent amount identified in Section 3.3(a).

“Business Day” – Any day other than Saturday, Sunday, or state-recognized legal holiday in Wisconsin.

“Commencement Date” – The first day of the Lease Term identified in Section 3.2(a).

“Lease Term” – The fixed period of tenancy established under Section 3.2.

“Premises” – The dwelling unit and appurtenant areas described in the Recitals and Section 3.1.

“Security Deposit” – The deposit paid by Tenant pursuant to Section 3.4.

3. OPERATIVE PROVISIONS

3.1 Lease of Premises

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises together with the fixtures, appliances, and appurtenances located thereon, subject to the exclusions and common-area rights stated herein.

3.2 Term & Possession

a. Lease Term. The Lease Term shall commence on [START DATE] (“Commencement Date”) and expire on [END DATE], unless sooner terminated in accordance with this Agreement (“Expiration Date”).
b. Holding Over. Any holdover shall create a month-to-month tenancy at a rental rate equal to 150 % of the last monthly Rent, terminable by either Party upon the greater of: (i) statutory notice; or (ii) thirty (30) days’ written notice.
c. Possession Condition Report. On or before the Commencement Date, Landlord shall provide Tenant with a standardized check-in report; Tenant shall return the completed report within seven (7) days after occupancy. Failure to timely return constitutes acknowledgment that the Premises are in the condition stated therein. [// GUIDANCE: Wis. Admin. Code ATCP 134.06(1)(a) encourages—but does not absolutely require—use of the check-in sheet.]

3.3 Rent & Additional Charges

a. Base Rent. Tenant shall pay monthly Base Rent of $[AMOUNT] (“Base Rent”) in advance on or before the first (1st) calendar day of each month, without offset or deduction, to [PAYEE NAME & ADDRESS / ELECTRONIC PAYMENT PORTAL].
b. Late Fee. If any Rent is not received by 5:00 p.m. local time on the fifth (5th) calendar day of the month, Tenant shall pay a one-time late charge of $[AMOUNT OR %], not to exceed the greater of: (i) 5 % of the overdue amount; or (ii) $20.00.
c. Returned Payment. Checks or electronic payments returned for insufficient funds shall be subject to a $35.00 administrative fee plus statutory bank charges.
d. Application of Payments. Payments shall be applied in the following order: (i) outstanding fees and costs; (ii) Additional Rent; and (iii) current Base Rent.

3.4 Security Deposit

a. Deposit Amount. Upon execution, Tenant shall deposit $[AMOUNT] with Landlord as the Security Deposit. The total deposit shall not exceed one (1) month’s rent, exclusive of pet or other lawful deposits.
b. Segregation; Non-Waiver. Landlord shall hold the Security Deposit in a segregated, interest-bearing bank account located in Wisconsin. Interest, if any, shall be handled in accordance with Wis. Stat. § 704.28.
c. Permitted Deductions. Landlord may withhold from the Security Deposit only such amounts as are permitted under Wis. Stat. § 704.28(1), including unpaid rent, utility charges, and costs of repairing Tenant damage beyond ordinary wear and tear.
d. Return Deadline & Statement. Within twenty-one (21) days after the earlier of (i) Tenant’s surrender of the Premises and (ii) termination of tenancy, Landlord shall mail or deliver the balance of the Security Deposit and an itemized withholding statement to Tenant’s last-known address.
e. Liability Cap. Except for gross negligence or willful misconduct by Landlord, Landlord’s aggregate liability for property loss or damage incurred by Tenant shall be limited to the amount of the Security Deposit actually held by Landlord. [// GUIDANCE: This fulfills the “Liability Caps: security_deposit” requirement in the metadata.]

3.5 Utilities & Services

Tenant shall be responsible for all utilities serving the Premises, except [LIST LANDLORD-PAID UTILITIES]. If separately metered, Tenant shall establish accounts in Tenant’s name prior to occupancy.

3.6 Use & Occupancy Limits

a. Residential Use Only. Premises shall be used solely as a private residence for the persons listed below and no others without Landlord’s prior written consent: [NAMES OF AUTHORIZED OCCUPANTS].
b. Prohibited Conduct. Tenant shall not: (i) engage in unlawful conduct; (ii) allow excessive noise or nuisance; or (iii) store hazardous materials on the Premises.

3.7 Maintenance; Habitability; Repairs

a. Landlord Obligations. Landlord shall comply with the warranty of habitability codified at Wis. Stat. § 704.07, maintain all structural components, plumbing, heating, and electrical systems, and keep common areas reasonably clean and safe.
b. Tenant Obligations. Tenant shall keep the Premises clean, use fixtures in a reasonable manner, and promptly report any condition that may cause damage or violate building codes.
c. Repair Requests; Access. Non-emergency repair requests shall be submitted in writing. Tenant shall provide Landlord reasonable access, upon at least twelve (12) hours’ notice, for inspection or repairs, except in emergencies.
d. Abatement. In the event the Premises become untenantable for reasons not caused by Tenant, rent abatement shall be handled in accordance with Wis. Stat. § 704.07(4).

3.8 Alterations

Tenant shall not make any alterations, installations, or improvements without Landlord’s prior written consent. Approved alterations become the property of Landlord unless otherwise agreed.

3.9 Entry by Landlord

Landlord may enter the Premises for inspections, repairs, or to show to prospective purchasers or tenants upon at least twelve (12) hours’ notice, except in case of emergency or as otherwise authorized by law.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents and warrants that:
a. Landlord holds legal title to the Premises and has full authority to execute this Agreement;
b. The Premises are, as of the Effective Date, fit for human habitation.

4.2 Tenant represents and warrants that:
a. Tenant has the legal capacity to enter into and perform this Agreement;
b. All information provided in Tenant’s rental application is true, complete, and accurate;
c. Tenant will comply with all applicable laws and regulations during the Lease Term.

4.3 Survival. All representations and warranties shall survive termination or expiration of this Agreement to the extent necessary to enforce the same.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant
a. Timely payment of all Rent and Additional Rent;
b. Compliance with all housing, health, and safety codes;
c. Acquisition of renter’s insurance with minimum liability coverage of $[AMOUNT] per occurrence and naming Landlord as additional insured.

5.2 Negative Covenants of Tenant
a. No assignment or subletting without Landlord’s prior written consent;
b. No pets except as listed in [PET ADDENDUM];
c. No smoking of any kind inside the Premises.

5.3 Notice Obligations
Tenant shall promptly furnish written notice to Landlord of (i) any default hereunder; (ii) any legal process relating to tenancy; and (iii) any condition causing material damage to the Premises.

6. DEFAULT & REMEDIES

6.1 Events of Default
Any one or more of the following constitutes a “Tenant Default”:
a. Failure to pay Rent or Additional Rent when due;
b. Material breach of any covenant, representation, or warranty;
c. Abandonment of the Premises; or
d. Commission of waste or unlawful conduct on the Premises.

6.2 Notice & Cure
Landlord shall serve written notice of default in compliance with Wis. Stat. § 704.17. Tenant shall have:
• Five (5) days to cure non-payment of Rent (if Landlord elects the “right-to-cure” notice); or
• Fourteen (14) days to cure other curable breaches, unless otherwise required by law.

6.3 Remedies
Upon expiration of the applicable cure period without cure, Landlord may:
a. Terminate this Agreement and recover possession through eviction proceedings under Wis. Stat. ch. 799;
b. Recover unpaid Rent, Additional Rent, holdover damages, and reasonable attorney fees;
c. Obtain injunctive relief, including but not limited to eviction, specific performance, or restraining orders;
d. Pursue any other remedy available at law or equity.

6.4 Cumulative Remedies
All remedies are cumulative and may be exercised concurrently or successively.

7. RISK ALLOCATION

7.1 Indemnification
Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against any and all claims, liabilities, damages, and expenses (including reasonable attorney fees) arising out of:
a. Tenant’s use or occupancy of the Premises;
b. Any act or omission of Tenant, Tenant’s guests, or invitees; or
c. Tenant’s breach of this Agreement.

7.2 Limitation of Liability
Except as otherwise provided by applicable law, Landlord’s liability for property damage or loss suffered by Tenant is limited to the amount of the Security Deposit actually held by Landlord at the time of the event giving rise to liability.

7.3 Insurance
Tenant’s renter’s insurance required under Section 5.1(c) shall provide waiver of subrogation in favor of Landlord.

7.4 Force Majeure
Neither Party shall be liable for failure to perform due to events beyond its reasonable control, including natural disasters, acts of God, governmental actions, or utility failures (“Force Majeure Event”), provided that the affected Party gives prompt notice and resumes performance as soon as practicable. Tenant’s obligation to pay Rent is abated only to the extent the Premises are rendered uninhabitable.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wisconsin (“state_landlord_tenant_law”) without regard to its conflict of laws principles.

8.2 Forum Selection
The Parties consent to the exclusive jurisdiction of the [COUNTY] Housing Court (or other Wisconsin state court of competent jurisdiction) for any action arising out of or relating to this Agreement.

8.3 Arbitration
Arbitration is expressly excluded.

8.4 Jury Trial
Nothing herein shall be construed as a waiver of either Party’s constitutional right to trial by jury in any civil action.

8.5 Injunctive Relief
Notwithstanding any other provision, Landlord may seek and obtain injunctive or equitable relief, including eviction remedies, without posting bond to the extent permitted by law.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver
No amendment or waiver is effective unless in writing and signed by both Parties. A waiver of any breach shall not be deemed a waiver of any other or subsequent breach.

9.2 Assignment & Subletting
Tenant may not assign this Agreement or sublet the Premises, in whole or in part, without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

9.3 Successors & Assigns
Subject to the foregoing, this Agreement is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns.

9.4 Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable.

9.5 Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and merges all prior negotiations and representations.

9.6 Counterparts; Electronic Signature
This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically or by facsimile shall be deemed original signatures for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Residential Lease Agreement as of the Effective Date.

LANDLORD:

[LANDLORD LEGAL NAME]
By: ______
Name: _____
Title: _______

Date: _________

TENANT:

[TENANT LEGAL NAME]

Date: _________

[// GUIDANCE: Wisconsin does not require notarization or witness signatures for residential leases under one year; however, local practice may vary. Attach any required addenda (e.g., Lead-Based Paint Disclosure for pre-1978 housing, Rules & Regulations, Pet Addendum).]

END OF DOCUMENT