1. Lead-Based Paint Disclosure
If this property was built before 1978, the following applies:
- Month2Month will disclose any known lead-based paint or lead-based paint hazards in the property prior to lease execution.
- Month2Month will provide all available records and reports pertaining to lead-based paint in the property.
- The tenant will receive a copy of the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."
Wisconsin law under ATCP 134.04 additionally requires landlords to disclose known lead paint hazards and to provide tenants with information about lead hazard reduction activities performed on the premises. Wisconsin is a state with significant older housing stock, and tenants should exercise awareness regarding potential lead exposure.
For more information: National Lead Information Center at 1-800-424-LEAD (5323) or www.epa.gov/lead. Wisconsin Department of Health Services Lead-Safe Wisconsin program: www.dhs.wisconsin.gov/lead.
2. Security Deposit
Deposit Limits
Wisconsin law does not use the term "security deposit" but instead regulates all "earnest money and security deposits" under ATCP 134. Under Wisconsin law, the total amount of security deposits collected from a tenant may not exceed an amount equal to one month's rent. This limit applies regardless of whether the unit is furnished or unfurnished.
Permitted Uses
Your security deposit may be used for: unpaid rent; repair of physical damages to the premises caused by the tenant's negligence or intentional act, or the negligence or intentional act of the tenant's guests, beyond normal wear and tear; and utility charges owed by the tenant. The deposit may NOT be used for normal wear and tear or damages that existed prior to occupancy.
Return of Deposit
Pursuant to WI Stat. §704.28 and ATCP 134.06(2), Month2Month must return the security deposit or deliver a written statement accounting for any amounts withheld within 21 days after the tenant vacates and returns possession of the premises. If any portion is withheld, you will receive an itemized statement listing each item of physical damage or other claim, the estimated or actual cost of repair, and any amounts withheld for unpaid rent or utilities.
Check-In / Check-Out Requirement
Wisconsin law under ATCP 134.06 requires the landlord to provide the tenant with a check-in sheet at the start of the tenancy documenting the condition of the premises. This check-in sheet is critical to resolving any disputes about the condition of the premises at move-out. See Section 3 for details.
Disputes
If you dispute any deduction, contact Month2Month in writing within 7 days. If the dispute cannot be resolved, you may file a claim in small claims court. Wrongful withholding may entitle the tenant to double the amount withheld.
3. Move-In / Move-Out Condition Checklist
At move-in, Month2Month will provide you with a detailed condition checklist documenting the state of the premises, including all rooms, fixtures, appliances, furnishings, walls, flooring, and outdoor areas. You will have an opportunity to note any pre-existing conditions or damages.
Your Responsibilities
- Review the check-in sheet carefully and note any disagreements or additional pre-existing conditions within 7 days of move-in.
- Return the completed check-in sheet to Month2Month.
- At move-out, the check-in sheet will be used as the baseline to assess any damages beyond normal wear and tear.
Month2Month will also photograph the condition of the premises at move-in and move-out. You are encouraged to take your own photographs for your records.
4. Landlord and Property Manager Information
Pursuant to ATCP 134.04, a landlord must disclose to each tenant in writing, at or before the time a rental agreement is entered into, the name and address of the person or persons authorized to manage the premises and the owner of the premises or a person authorized to act on behalf of the owner for purposes of service of process and receiving notices and demands.
Your lease agreement contains the specific owner information, property manager contact information, emergency maintenance contact, and the person authorized to receive service of process for your property. Month2Month serves as the property manager for all properties in our portfolio.
General Contact: [email protected]
5. Smoke Alarms and Carbon Monoxide Detectors
Wisconsin law requires operable smoke detectors in every residential unit. Pursuant to WI Stat. §101.145, the landlord shall install at least one approved smoke detector on each floor level of the dwelling, including the basement, and in each sleeping area. Carbon monoxide detectors are required under WI Stat. §101.149 in dwelling units that contain a fuel-burning appliance, have an attached garage, or are adjacent to a space with a fuel-burning appliance.
Tenant Responsibilities
- Do not disable, disconnect, cover, or tamper with any smoke alarm or carbon monoxide detector. Tampering with smoke or CO detectors is a violation of Wisconsin law.
- Test all devices monthly by pressing the test button.
- Report immediately if any device is chirping, not functioning, or missing.
- Do not remove batteries.
- If you hear the carbon monoxide alarm sound continuously, evacuate immediately and call 911.
Month2Month is responsible for ensuring all devices are operable at the beginning of each tenancy. If a battery-operated smoke detector needs battery replacement during the tenancy, the tenant is responsible for replacing the battery, unless the lease states otherwise. If a hardwired unit malfunctions, contact Month2Month immediately.
6. Housing Code Violations
Pursuant to ATCP 134.04(2)(c), the landlord must disclose to the tenant any building code or housing code violations that have been cited by a local municipality and have not been corrected, as of the date of the disclosure. This includes any outstanding orders from building inspectors or health departments.
7. Mold Disclosure
While Wisconsin does not have a specific mold disclosure statute, landlords are required to maintain rental properties in habitable condition under WI Stat. §704, and ATCP 134.04 requires disclosure of known conditions affecting habitability. Mold can cause health problems, especially for people with allergies, asthma, or weakened immune systems.
Month2Month is not aware of any mold in the rental property that poses a health threat at the time of your lease. If mold is discovered during your tenancy, Month2Month will take appropriate remediation action.
Tenant Responsibilities to Prevent Mold
- Ventilate your home: Open windows regularly, use exhaust fans in bathrooms and kitchens, and ensure air circulation.
- Control moisture: Wipe up spills and leaks immediately, do not let water accumulate, and report any leaks or water damage to Month2Month immediately.
- Use heating and air conditioning: Maintain reasonable temperatures and use climate control systems to reduce humidity.
- Clean regularly: Regular cleaning prevents mold from establishing itself.
- Report problems immediately: If you see mold, smell musty odors, or notice water damage, report it to Month2Month right away.
8. Bed Bug Disclosure
Wisconsin ATCP 134.04 requires landlords to disclose known conditions affecting the habitability of the premises, which includes known bed bug infestations. Month2Month provides the following information to help tenants identify and prevent bed bug issues.
Identification
Bed bugs have six legs and flat bodies about 1/4 inch long, ranging from red-brown to copper colored. They do not fly but move quickly over surfaces. They hide in mattress seams, box springs, bed frames, headboards, furniture crevices, baseboards, and wall cracks. They feed on human blood at night.
Signs of Infestation
Look for small blood stains on sheets, dark spots (excrement) on mattresses or walls, shed skins, and a sweet musty odor. Bites may appear as red, itchy welts in a line or cluster, though some people do not react.
Prevention
- Inspect your mattress, box spring, and bed frame regularly.
- When traveling, inspect hotel rooms and luggage before returning home.
- Do not bring used mattresses or upholstered furniture into the home without thorough inspection.
- Reduce clutter to eliminate hiding places.
Month2Month has no knowledge of any bed bug infestation in your specific rental unit. If Month2Month becomes aware of bed bug infestation during your tenancy, you will be notified immediately.
9. Domestic Violence Protections
Right to Terminate Lease Early
Pursuant to WI Stat. §704.16, a tenant who is a victim of domestic abuse, sexual assault, or stalking may terminate a rental agreement by providing the landlord with written notice and one of the following forms of documentation:
- A copy of a court order, injunction, or condition of release that orders the offending individual to stay away from the premises
- A written statement from a qualified third party (law enforcement officer, district attorney, or domestic abuse advocate) verifying the tenant's status as a victim
The tenancy terminates on the date stated in the notice, which must be at least 28 days after the landlord receives the notice, unless the landlord and tenant agree to a shorter period.
Right to Request Lock Changes
A victim tenant may request that the landlord change the locks to the dwelling unit. Month2Month will change the locks promptly upon receiving a written request accompanied by qualifying documentation.
Confidentiality
Month2Month will maintain the confidentiality of any information provided by a tenant who is a victim. Documentation provided will be kept in a secure file and will not be disclosed to third parties except as required by law.
Resources
- National Domestic Violence Hotline: 1-800-799-7233 (TTY: 1-800-787-3224)
- National Sexual Assault Hotline: 1-800-656-4673
- Wisconsin Coalition Against Domestic Violence: www.wcadv.org · 608-255-0539
- Wisconsin Coalition Against Sexual Assault: www.wcasa.org
- End Domestic Abuse Wisconsin: www.endabusewi.org
10. Furnished Property Disclosure
All Month2Month rental properties are provided fully furnished. All furniture, appliances, fixtures, and household items in the property are the property of Month2Month or the property owner and are provided for your use during the term of your lease.
Your Responsibilities
- Maintain all furnished items in the same condition as received, allowing for ordinary wear and tear.
- Use all items for their intended purpose only.
- Do not remove any furnished items from the property.
- Report any damage to furnished items within 48 hours of discovery.
- Do not repair or replace items yourself without prior written approval.
Damage vs. Normal Wear and Tear
| Normal Wear and Tear (Not Chargeable) | Damage (Chargeable to Tenant) |
|---|---|
| Minor scuffs on furniture | Broken furniture legs, arms, or frames |
| Slight fading of upholstery | Stains, tears, or burns on upholstery |
| Minor mattress indentation from normal use | Mattress stains, tears, or structural damage |
| Light scratches on hard floors | Deep gouges, water damage, or burns on flooring |
| Normal appliance wear (cosmetic marks) | Appliance malfunction due to misuse or neglect |
| Gradual thinning of towels and linens | Bleach stains, tears, or missing linens |
| Normal dulling of kitchen knives | Missing, broken, or chipped dishes/cookware |
| Loose doorknobs from use | Holes in walls, broken blinds, damaged doors |
Replacement Responsibility
- Tenant-caused damage: Tenant is responsible for the cost of repair or replacement (at depreciated value) of items damaged beyond normal wear and tear. Costs may be deducted from the security deposit.
- Missing items: Tenant is responsible for full replacement cost.
- Normal wear items: Month2Month replaces items that reach end-of-life through normal use.
- Appliance malfunction: If an appliance fails due to normal use or age, Month2Month is responsible for repair or replacement.
Cleaning Standards
The property must be returned in the same level of cleanliness as at move-in. Maintain the kitchen, bathrooms, floors, furniture, and linens in clean condition throughout your tenancy. If professional cleaning is required beyond what is attributable to normal wear and tear, cleaning costs may be deducted from the security deposit.
Inventory
A detailed furniture and household inventory checklist will be provided at move-in as part of the mandatory check-in sheet required under ATCP 134.06. Month2Month will document the condition of all items through photography. You will receive a copy of the move-in condition report.
11. Tenant Rights and Responsibilities
Your Rights
- Habitable Housing: Your rental unit must meet basic health and safety standards, including weatherproofing, plumbing, heating, electricity, and freedom from vermin and mold. (WI Stat. §704.07)
- Privacy: Wisconsin law requires the landlord to give at least 12 hours' advance notice before entering your unit (except in emergencies). Entry is limited to reasonable times and for lawful purposes. (WI Stat. §704.05(2))
- Return of Security Deposit: Your deposit must be returned within 21 days after move-out, with an itemized statement of any deductions. (WI Stat. §704.28; ATCP 134.06)
- Freedom from Discrimination: You cannot be discriminated against based on race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, age, disability, lawful source of income, marital status, or status as a victim of domestic abuse, sexual assault, or stalking. (WI Stat. §106.50)
- Freedom from Retaliation: Your landlord cannot retaliate against you for exercising your legal rights, including reporting code violations or joining a tenant organization. (WI Stat. §704.45)
- Repairs and Maintenance: You have the right to request repairs for health and safety issues. If the landlord fails to make necessary repairs within a reasonable time, you may have the right to repair and deduct or withhold rent under certain circumstances. (WI Stat. §704.07)
- Protection from Unlawful Eviction: Your landlord must follow proper legal procedures for eviction and cannot use "self-help" eviction methods such as changing locks, shutting off utilities, or removing your belongings. (WI Stat. §704.11)
- Move-In Condition Checklist: You are entitled to receive a check-in sheet documenting the condition of the premises at the beginning of your tenancy. (ATCP 134.06)
- Receipt of Disclosures: You are entitled to receive all required disclosures in writing before or at the time the rental agreement is entered into. (ATCP 134.04)
Your Responsibilities
- Pay rent in full and on time.
- Keep the unit clean and sanitary.
- Avoid damaging the property beyond normal wear and tear.
- Promptly report maintenance issues, leaks, mold, pests, or safety hazards.
- Allow reasonable access for repairs and inspections with proper notice.
- Comply with all lease terms including occupancy limits, pet policies, and use restrictions.
- Avoid creating nuisances or disturbing other residents.
- Provide proper notice before moving out and return the property in clean condition.
- Complete and return the check-in sheet within 7 days of move-in.
Resources
- Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP): datcp.wi.gov
- Tenant Resource Center (Madison): www.tenantresourcecenter.org
- Legal Action of Wisconsin: www.legalaction.org
- Domestic Violence Hotline: 1-800-799-7233
- Fair Housing (HUD): 1-800-669-9777