Section ATCP 134.09 - Prohibited practices(1) ADVERTISING OR RENTAL OF CONDEMNED PREMISES. No landlord may rent or advertise for rent any premises which have been placarded and condemned for human habitation, or on which a notice of intent to placard and condemn, or an order to raze, or to rehabilitate or raze, or any similar order has been received under state or local laws or ordinances, until and unless all repairs required to bring the property into compliance with the laws or ordinances have been completed.(2) UNAUTHORIZED ENTRY. (a) Except as provided under par. (b) or (c), no landlord may do any of the following:1. Enter a dwelling unit during tenancy except to inspect the premises, make repairs, or show the premises to prospective tenants or purchasers, as authorized under s. 704.05(2), Stats. A landlord may enter for the amount of time reasonably required to inspect the premises, make repairs, or show the premises to prospective tenants or purchasers.2. Enter a dwelling unit during tenancy except upon advance notice and at reasonable times. Advance notice means at least 12 hours advance notice unless the tenant, upon being notified of the proposed entry, consents to a shorter time period.(b) Paragraph (a) does not apply to an entry if any of the following applies: 1. The tenant, knowing the proposed time of entry, requests or consents in advance to the entry.2. A health or safety emergency exists.3. The tenant is absent and the landlord reasonably believes that entry is necessary to protect the premises from damage.(c) A rental agreement may include a nonstandard rental provision authorizing a landlord to enter a tenant's dwelling unit at reasonable times, under circumstances not authorized under par. (a) or (b). The landlord shall include the nonstandard provision, if any, in a separate written document entitled "NONSTANDARD RENTAL PROVISIONS" which the landlord provides to the tenant. The landlord shall specifically identify and discuss the nonstandard provision with the tenant before the tenant enters into any rental agreement with the landlord. If the tenant signs or initials the nonstandard rental provision, it is rebuttably presumed that the landlord has specifically identified and discussed that nonstandard provision with the tenant, and that the tenant has agreed to it. Note: The separate written document under par. (c) may be pre-printed.
(d) No landlord may enter a dwelling unit during tenancy without first announcing his or her presence to persons who may be present in the dwelling unit, and identifying himself or herself upon request. Note: For example, a landlord may announce his or her presence by knocking or ringing the doorbell. If anyone is present in the dwelling unit, the landlord must then identify himself or herself upon request.
(3) AUTOMATIC LEASE RENEWAL WITHOUT NOTICE. No landlord shall enforce, or attempt to enforce, an automatic renewal or extension provision in any lease unless, as provided under s. 704.15, Stats., the tenant was given separate written notice of the pending automatic renewal or extension at least 15 days, but no more than 30 days before its stated effective date.(4) CONFISCATING PERSONAL PROPERTY. (a) Except as provided in ss. 704.05(5), 704.11 and 779.43, Stats., or by express agreement of the parties, a landlord has no right to a lien and is prohibited from seizing or holding a tenant's property.(b) An express agreement under par. (a), if any, shall be executed in writing at the time of the initial rental agreement. The landlord shall include the agreement in a separate written document entitled "NONSTANDARD RENTAL PROVISION" which the landlord provides to the tenant. The landlord shall specifically identify and discuss the agreement with the tenant before the tenant enters into any rental agreement with the landlord. The agreement is not effective unless signed or initialed by the tenant. Note: See s. 704.11, Stats.
(5)Retaliatory eviction. No landlord shall terminate a tenancy or give notice preventing the automatic renewal of a lease, or constructively evict a tenant by any means including the termination or substantial reduction of heat, water or electricity to the dwelling unit, in retaliation against a tenant because the tenant has: (a) Reported a violation of this chapter or a building or housing code to any governmental authority, or filed suit alleging such violation; or(b) Joined or attempted to organize a tenant's union or association; or(c) Asserted, or attempted to assert any right specifically accorded to tenants under state or local law.(6) FAILURE TO DELIVER POSSESSION. No landlord shall fail to deliver possession of the dwelling unit to the tenant at the time agreed upon in the rental agreement, except where the landlord is unable to deliver possession because of circumstances beyond the landlord's control.(7) SELF-HELP EVICTION. No landlord may exclude, forcibly evict or constructively evict a tenant from a dwelling unit, other than by an eviction procedure specified under ch. 799, Stats.(8) LATE RENT FEES AND PENALTIES. (a) No landlord may charge a late rent fee or late rent penalty to a tenant, except as specifically provided under the rental agreement.(b) Before charging a late rent fee or late rent penalty to a tenant, a landlord shall apply all rent prepayments received from that tenant to offset the amount of rent owed by the tenant.(c) No landlord may charge any tenant a fee or penalty for nonpayment of a late rent fee or late rent penalty.(9) MISREPRESENTATIONS. (a) No landlord may do any of the following for the purpose of inducing any person to enter into a rental agreement: 1. Misrepresent the location, characteristics or equivalency of dwelling units owned or offered by the landlord.2. Misrepresent the amount of rent or non-rent charges to be paid by the tenant.3. Fail to disclose, in connection with any representation of rent amount, the existence of any non-rent charges which will increase the total amount payable by the tenant during tenancy.(b) No landlord may misrepresent to any person, as part of a plan or scheme to rent a dwelling unit to that person, that the person is being considered as a prospective tenant for a different dwelling unit.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 134.09
Cr. Register, February, 1980, No. 290, eff. 5-1-80; am. (2) and (4), Register, December, 1998, No. 516, eff. 1-1-99.Amended by, CR 14-038: r. and recr. (4) (a), am. (4) (b) Register August 2015 No. 716, eff.11/1/2015Paragraph (b) prohibits "bait and switch" rental practices by landlords. See also s. 100.18(9), Stats.