This residential lease agreement is fully compliant with the laws of Wisconsin and can be used for both a term lease (such as an annual or multi-year lease) and a month-to-month tenancy. To indicate the desired lease type, please check the appropriate option under Paragraph 1(a) for a "Lease for Term" or under Paragraph 1(b) for a "Month-to-Month" tenancy.
Governing Law
Wisconsin Statutes §704.01 et seq., outlines the rights and responsibilities of landlords and tenants in residential leases within the state.
WISCONSIN RESIDENTIAL LEASE AGREEMENT
(LEASE FOR TERM OR MONTH-TO-MONTH)
THIS LEASE AGREEMENT (“Agreement” or “Lease”) is made and entered into this _____ day of _________________ , 20 _____ , between ____________________________________________________________ , whose address is ____________________________________________________________ (“Landlord”) and ____________________________________________________________ (“Tenant”).
WHEREAS , Landlord leases to Tenant, and Tenant leases from Landlord, the (the single family home) (apartment # _____ ) (condominium unit # _____ ) (townhouse unit # _____ ) in ____________________________ County, Wisconsin, such real property having a street address of ____________________________________________________________ (the “Premises”) on the terms and conditions as contained herein; and
NOW, THEREFORE , for and in consideration of the covenants and obligations contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree:
1. TERM. This Agreement shall commence on ________________________ (“Commencement Date”). [check either (a) or (b)]:
_____ (a) Lease: This Agreement shall continue as a lease for term. The termination date shall be on ___________________ [date] at 11:59 PM. Upon termination date, Tenant shall be required to vacate the Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed agreement; or (ii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. If Landlord accepts from Tenant new Rent, a month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures specified in paragraph 1(b). Rent shall continue at the rate specified in this Agreement, or as allowed by law. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.
_____ (b) Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least twenty-eight (28) days prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least twenty-eight (28) days prior to the desired date of termination of the tenancy. Notices to terminate may be given on any calendar day, irrespective of Commencement Date.
2. RENT. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement including any Late Charge. However, the Security Deposit shall not be considered Rent. Tenant shall pay to Landlord ____________________________________________________________ DOLLARS ($ ______________ ) per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1 st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2 nd day of each calendar month. In the event that the Commencement Date is not the 1 st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a thirty (30) day period.
Landlord will accept personal checks, cashier’s checks, or money orders for Rent, except if Tenant has had a personal check returned for non-sufficient funds or account closure. For each returned check, Tenant shall pay a service charge of ____________________________________________________________ DOLLARS ($ ______________ ). Landlord may choose not to accept cash. Payment shall be made to Landlord under the following name and address:
____________________________________________________________
____________________________________________________________
3. SECURITY DEPOSIT. Upon execution of this Agreement, Tenant shall pay Landlord a security deposit in the amount of ____________________________________________________________ DOLLARS ($ ______________ ) (“Security Deposit”), which will be held by ____________________________________________________________ . The Security Deposit will be returned to Tenant within twenty-one (21) days after Tenant vacates the Premises, less any amounts legally withheld, as authorized under Wis. Stat. § 704.28(4). Tenant must provide Landlord with Tenant's new address in writing before vacating the Premises to ensure the prompt delivery of the Security Deposit. When Tenant vacates the Premises, Tenant is responsible for returning or accounting for any of Landlord's property that Tenant was provided, such as keys and garage door openers.
4. CONDITION OF PREMISES. As a condition of occupancy, Landlord must provide Tenant with a check-in sheet that Tenant may use to comment on the Premise' condition. The check-in sheet will help Tenant document any pre-existing damage or defects in the Premises before Tenant's occupancy. Tenant has seven (7) calendar days from the Commencement Date to complete the check-in sheet and return it to Landlord. If Tenant fails to return the check-in sheet within the specified time frame, Landlord may assume that Tenant accepts the condition of the Premises as they are. Tenant must complete the check-in sheet within the specified time frame to document any pre-existing damage or defects properly. This documentation can help Tenant avoid disputes with Landlord regarding the condition of the Premises when Tenant vacates.
Tenant is solely responsible for any repairs that need to be made due to Tenant’s negligence, intentional misconduct, or neglect (or that of others as outlined in Section 29 of this Agreement). Landlord may opt to perform these repairs, and Tenant must reimburse Landlord for the cost, along with interest at a rate of three percent (3%) above the publicly announced prime rate of Associated Bank, N.A. (or its successors), but not exceeding the maximum rate permitted by law (the “Default Rate”), from the date Landlord incurs the expense until the date of reimbursement by Tenant. Landlord and Tenant agree that: [for each item, check either Landlord or Tenant]:
_____ Landlord or _____ Tenant is responsible for lawn maintenance and routine landscaping, if any, or arranging for its maintenance.
_____ Landlord or _____ Tenant is responsible for clearing snow and ice from the Premises, or arranging for its removal.
_____ Landlord or _____ Tenant is responsible for extermination of rodents and insects, with the exception of treatment for wood-destroying insects, for which Landlord remains responsible.
5. DISCLOSURE OF CODE VIOLATIONS AND HABITABILITY CONDITIONS. Before entering into this Agreement and accepting any earnest money or security deposit, Landlord must disclose to Tenant any building code or housing code violations that affect the Premises or a common area associated with the Premises, that present a significant threat to the Tenant's health or safety, and that have not been corrected. The required disclosure may be provided in Section 44 ("Additional Provisions; Disclosures") or in an attachment or rider to this Agreement. Landlord has no actual knowledge that any of the following conditions adversely affecting habitability are present on the Premises: (a) absence of hot or cold running water, (b) plumbing or sewage disposal facilities not in good operating order, (c) unsafe or inadequate heating facilities (incapable of maintaining at least 67º F in living areas), (d) no electricity, (e) electrical wiring or components not in safe operating condition, or (f) structural or other conditions substantially hazardous to Tenant's health or safety or that create a risk of personal injury through the foreseeable use of the Premises by Tenant.
6. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant’s immediate family, consisting of ____________________________________________________________ , exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant must obtain prior written consent from Landlord before allowing any guest or invitee to stay in the Premises for more than three (3) consecutive days. Tenant is responsible for any acts of negligence or breaches of this Agreement committed by Tenant, as well as by any of Tenant's guests or invitees. Tenant is liable for any resulting property damage or injuries resulting from such acts or breaches. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.
7. ASSIGNMENT, SUBLEASING, AND SUBLETTING. Tenant may not assign Tenant’s interests under this Agreement, sublease or sublet any portion of the Premises, or grant any license to use any portion Premises without the prior written consent of Landlord. Any unapproved attempt by Tenant to assign, sublease, sublet, or license all or any portion of Tenant’s interest under this Agreement shall qualify as a material breach of this Agreement. Such actions (whether through voluntary act, operation of law, or otherwise) shall be deemed null and void regarding the transfer of such interest to any third party. The prohibited activities described in this section shall include but are not limited to subleasing or subletting through short-term rental or sharing services such as Airbnb®, Craigslist®, Vrbo®, or any rental, sharing, exchanging, or hosting platform. A consent by Landlord to one such assignment, subleasing, subletting, or license is not consent to any subsequent assignment, subleasing, subletting, or license.
8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on or within the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant, unless otherwise provided by written agreement between Landlord and Tenant, shall be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement.
9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.
10. UTILITIES AND SERVICES. In addition to paying Rent, Tenant is responsible for paying for all utility charges that are metered separately or shared among multiple units, as indicated by the checkboxes selected in this section. Tenant will also be responsible for any deposits required for the selected services and any costs incurred during the Term. Tenant must arrange for all accounts to be put in their name no later than the first day of the Term. If Tenant fails to have all utilities placed in their name within three (3) days of occupying the Premises, Landlord may disconnect the utilities if they were originally in Landlord's name or in the name of a prior tenant. Tenant must obtain written approval from Landlord prior to installing any satellite dishes on the Premises. Tenant’s failure to pay utility bills on time for which Tenant is responsible is a breach of this Agreement. [check and complete as applicable]:
CHARGES
Water
Electric
Gas
Heat
Hot Water
Internet/ Cable
Sewer
Trash/Recycling
Security/Alarm
Included in Rent
11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, unless otherwise agreed in writing Tenant shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
(b) Not place boats, trailers, recreational vehicles (RVs), or campers on the Premises.
(c) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
(d) Not obstruct or cover the windows or doors;
(e) Not leave windows or doors in an open position during any inclement weather;
(f) Maintain an appropriate amount of heat during periods of cold weather to prevent damage to the Premises. If damage occurs due to Tenant's failure to maintain an appropriate amount of heat, Tenant will be held liable for the resulting damage;
(g) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;
(h) Not change, replace, or add locks to any doors or windows without Landlord’s prior written consent. Upon termination or expiration of the Agreement, Tenant must return all keys, fobs, passcards, and garage openers to Landlord. If Tenant requests Landlord to change the locks, Tenant must pay in advance for all related locksmith or contractor fees. Landlord agrees to change the locks in accordance with this request;
(i) Comply with all rules related to vehicles and parking. Vehicles belonging to Tenant, their family members, guests, invitees, agents, or employees, including automobiles and motorcycles, must be in operating condition, licensed, and insured. If provided, they must be parked in designated parking areas and not elsewhere. The Premises may not be used for any vehicle repairs;
(j) Not drill into the walls, woodwork or any part of the Premises with nails, screws or adhesive hangers, with the exception of standard picture hooks, shade brackets and curtain rods;
(k) Not paint, attach, exhibit, or display any sign, placard, or other object in or about the Premises, including on the exterior of the Premises;
(l) Not place any objects or personal property in a manner that exceeds the load limits of the Premises. Furniture or equipment such as waterbeds, pianos, aquariums, and similar heavy items may only be placed on the Premises with the Landlord’s written consent.
(m) Keep all air conditioning filters clean and free from dirt, and replace the filters regularly (no less than every three months);
(n) Ensure that all bathroom fixtures, plumbing, and water systems are in good condition and functioning properly; use these systems only for their intended purposes; and not allow any debris, waste, or substances to be disposed of in them. Tenant is responsible for any damage or repair costs caused by improper usage;
(o) Maintain order at all times, both within the Premises and in all places on the Premises, including among family and guests, and avoid making or permitting any loud or improper noises that might disturb other residents;
(p) Maintain the volume of all audio devices, such as radios, televisions, stereos, and entertainment equipment, at a level that does not disturb other residents;
(q) Store and dispose of garbage, trash, waste, and debris in containers designated by Landlord, placed in designated areas, and prepared for collection according to the Landlord’s specifications. If Landlord designates a pickup service, Tenant must use it at Tenant’s own expense. Tenant may be required by Landlord to contract directly with a designated service provider. Food items and other waste must be stored and removed from the property in leak-proof containers. Tenant must clean and remove any evidence of leaks at Tenant’s own expense. Tenant assumes all costs of extermination and fumigation for infestation caused by Tenant;
(r) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by Landlord;
(s) Not engage in or allow any guest or invitee to engage in any criminal activity that poses a threat to the health, safety, or right to peaceful enjoyment of other tenants, persons residing near the Premises, Landlord, or an agent or employee of Landlord;
(t) Not engage in any drug-related criminal activity on or near the Premises. Such conduct may result in Tenant's immediate eviction upon five (5) days' notice, except in cases where Tenant or a lawful cohabitant is the victim of the crime;
(u) Not engage in smoking or the use of vapor-generating electronic devices, including, but not limited to, tobacco, marijuana, or cannabis (THC, CBD), within the interior or exterior boundaries of the Premises. Should Tenant breach this provision, Tenant shall be liable for all costs associated with the cleaning, restoration, deodorizing, abatement, repainting, or replacement of any affected ductwork, carpeting, vinyl flooring, or curtains that may be required as a result of such breach;
(v) Comply with and follow all rules and regulations that pertain to the Premises or the related common areas, as established and communicated by the Owners’ Association having control over them;
(w) Upon termination and vacation, restore the Premises to their initial condition except for reasonable wear and tear.
12. SMOKE DETECTOR NOTICE. To ensure compliance with Wisconsin law, Landlord shall maintain any smoke detectors located in common areas of the building. Tenant shall maintain any smoke detector on the Premises and shall notify Landlord in writing if the smoke detector is not functional. Within five (5) days of receiving such notice, Landlord shall perform any necessary maintenance to ensure the smoke detector is functional. Additionally, Landlord shall install functional carbon monoxide (CO) detectors in both the Premises and any common areas, as required by law.
13. INSURANCE. Landlord shall ensure that fire and extended owners/hazard casualty replacement coverage insurance is in effect for the structure of the Premises throughout the Term and any extensions of this Agreement. Upon request, Landlord shall provide proof of such insurance to Tenant. Tenant shall obtain adequate insurance for Tenant’s personal property and liability insurance in the amount of ____________________________________________________________ DOLLARS ($ ______________ ) during the Term and any extensions of this Agreement and shall demonstrate the same to Landlord upon request. Landlord shall not be liable for damage to Tenant’s property unless such damage is the result of Landlord’s gross negligence or intentional misconduct. Landlord, Landlord’s agent or manager, or, if applicable, the Owners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance. Landlord and Tenant waive any rights they may have against each other for any loss or damage to the person or property of Landlord or Tenant, the Premises or its contents, which is covered by insurance held by either Landlord or Tenant (up to the amount of insurance proceeds, including the deductible). Both parties, on behalf of their respective insurance companies that insure their property, waive any right of subrogation they may have against the other party.
14. FIRE, WATER, OR CASUALTY DAMAGE. If the Premises becomes untenantable due to damage from fire, water, or other casualty or if a condition hazardous to health is present or if there is a substantial violation of Landlord's duties under 704.07(2) that materially affects the health or safety of Tenant, Tenant may vacate the Premises unless Landlord takes prompt action to repair or rebuild or eliminate the health hazard or substantial violation of Landlord's duties. Alternatively, Tenant may vacate the Premises if the nature and length of the repair, rebuilding, or elimination would unreasonably burden Tenant. If Tenant remains in possession, and the condition materially affects Tenant's health or safety or substantially reduces the use and occupancy of the Premises, Rent will be reduced to the extent that Tenant is deprived of the normal use of the Premises. This section does not permit withholding of Rent in full if Tenant remains in possession. If Tenant leaves under the terms of this section, Tenant is not responsible for Rent after the Premises becomes untenantable, and Landlord must return any Rent paid in advance apportioned to the period after the Premises becomes untenantable. This section does not apply if Tenant's negligence or improper use caused the damage or condition.
15. QUIET ENJOYMENT AND ACCESS. Landlord may enter the Premises at reasonable times with at least twelve (12) hours advance notice. Landlord may enter the Premises to inspect its condition, make repairs, show the Premises to prospective tenants or purchasers, or comply with applicable laws or regulations. Landlord may enter the Premises without advance notice: (a) when Tenant consents to the entry; (b) when a health or safety emergency exists that requires immediate attention; or (c) when Tenant is absent, and Landlord believes that entry is necessary to preserve or protect the premises. Landlord's right to enter the Premises is limited and must be done with proper notice and for legitimate reasons. Tenant has the right to peaceful enjoyment of the Premises, and Landlord must respect Tenant's privacy and property rights. Landlord shall have the right to display “for sale,” “for rent” or similar signs on the Premises at any time before this Agreement’s expiration.
16. SUBORDINATION. This Agreement and Tenant’s interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.
17. TENANT’S HOLDOVER AND RENEWAL. Tenant shall provide written notice to Landlord at least _______ days prior to the expiration of the Term indicating Tenant’s intention to either renew or terminate this Agreement. If Tenant desires to renew this Agreement, Landlord may, at Landlord’s sole discretion, enter into a new Agreement with Tenant. If Tenant fails to provide such notice, or if Tenant remains in possession of the Premises without Landlord’s written consent after the Term has expired, or Landlord has terminated this Agreement, such a holdover by Tenant shall qualify as a default under this Agreement and create a tenancy at sufferance. Landlord may terminate this tenancy at sufferance without notice to Tenant, except as required by law, and is subject to all other terms of this Agreement to the extent they apply, except that Tenant must pay double the monthly Rent for each day Tenant remains in possession. The receipt of this additional Rent by Landlord does not relieve Tenant of liability for damages caused by Tenant’s holdover.
18. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.
19. ANIMALS. Tenant shall be entitled to keep no more than ____________ ( _____ ) domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of ____________________________________________________________ DOLLARS ($ ______________ ), ____________________________________________________________ DOLLARS ($ ______________ ) of which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building.
20. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.
21. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant’s family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature.
22. EARLY TERMINATION BY TENANT. If Tenant terminates this Agreement before the end of the Term without Landlord's consent or a legally justifiable reason, such as a material breach of the Agreement by Landlord, Tenant will be responsible for all Rent due under the Agreement through the last day of the Term. In addition, Tenant will be liable for any damages incurred by Landlord due to the early termination, such as advertising and re-renting costs. However, Tenant's liability will be reduced by any net rent received by Landlord in re-renting the premises during the remaining Term. Landlord has a duty to mitigate damages by attempting to re-rent the Premises as soon as possible after Tenant's early termination.
23. DAMAGES. Tenant shall be responsible for compensating Landlord for any damages incurred due to the Tenant’s breach of this Agreement, which may include, but is not limited to, lost rent, the costs of preparing the Property for re-rental and a real estate broker’s commission for finding a new tenant due to eviction or early termination of the tenancy.
24. LATE FEE. In the event that any payment required to be paid by Tenant is not made within three (3) days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a “late charge” in the amount of ____________________________________________________________ DOLLARS ($ ______________ ). Any late fees owed by Tenant under this provision are in addition to any other rights and remedies provided in this Agreement and will not limit Landlord’s ability to declare Tenant in default for failure to pay Landlord any sum when due.
25. ABANDONMENT. If Tenant plans to be absent from the Premises for more than three consecutive weeks, Tenant must provide written notice of such absence to Landlord in advance. If Tenant fails to provide notice and is absent for three
(3) consecutive weeks, Landlord may, at Landlord's sole discretion, consider Tenant to have abandoned the Premises and proceed to take legal action to regain possession of the Premises.
26. PERSONAL PROPERTY. If Tenant vacates the Premises or is evicted from the Premises and leaves personal property behind without written permission from Landlord, Landlord may presume that Tenant has abandoned the property. Landlord is not responsible for storing or maintaining any personal property left behind and may dispose of it in any manner deemed appropriate by Landlord. However, if the personal property includes prescription medication or prescription medical equipment, Landlord shall hold the property for seven (7) days from the date Landlord discovers the property. If Tenant requests the return of the property before the seven (7) day period expires, Landlord will promptly return the property to Tenant. After the seven (7) day period, Landlord may dispose of the property in the manner that Landlord determines is appropriate. In accordance with Wis. Stat. § 704.05(5), if the abandoned property is a manufactured home, mobile home, or titled vehicle, including automobiles, Landlord shall provide notice to Tenant and any secured party known to Landlord of Landlord’s intent to dispose of the property by sale or other appropriate means. This notice shall be delivered personally or by regular or certified mail.
27. ATTORNEYS’ FEES. If Landlord enforces any term, covenant, or other obligation under this Agreement through court action, Tenant shall pay Landlord’s costs and expenses associated with the litigation, including court costs and reasonable attorney fees, in addition to any damages or equitable relief. This provision shall survive this Agreement’s termination.
28. SEVERABILITY. If any provision of this Agreement or its application is found to be invalid or unenforceable for any reason, it shall not impact the enforceability of the remaining provisions of this Agreement or the enforceability of the invalid provision when applied to other individuals, entities, or circumstances, and such provision will instead be enforced to the maximum extent permitted by law.
29. JOINT AND SEVERAL LIABILITY. ALL TENANTS, IF MORE THAN ONE, SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ALL COVENANTS AND OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO PAYMENT OF RENT AND OTHER CHARGES, COMPLIANCE WITH ALL COVENANTS AND CONDITIONS, AND PROPER USE AND MAINTENANCE OF THE PREMISES. EACH TENANT IS RESPONSIBLE FOR THE FULL PERFORMANCE OF ALL OBLIGATIONS UNDER THIS AGREEMENT, AND ANY ONE TENANT MAY BE REQUIRED TO PERFORM ALL SUCH OBLIGATIONS IN THE EVENT OF A DEFAULT BY ANY OTHER TENANT.
30. SUCCESSORS AND ASSIGNS. The covenants, obligations, and conditions set forth in this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. In the event of a transfer of ownership of the Premises, whether voluntary or involuntary, Tenant releases Landlord from any obligations under this Agreement. The new owner of the Premises assumes all rights and obligations under this Lease and is solely responsible for fulfilling Landlord's obligations to Tenant, as set forth in this Lease.
31. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of Landlord or Tenant.
32. CONSTRUCTION. The language used in this Agreement shall include, where appropriate, either gender or both, singular and plural forms.
33. GOVERNING LAW. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Wisconsin.
34. TIME OF ESSENCE. Time is of the essence with respect to all obligations under this Agreement, including but not limited to the payment of Rent, compliance with the terms of this Agreement, and the delivery of possession of the Premises upon termination of this Agreement. The failure of either party to perform timely any obligation under this Agreement shall qualify as a material breach. A “day” under this Agreement refers to a 24-hour calendar day, seven days a week, unless otherwise specified.
35. WAIVER OF LEASE PROVISIONS AND FUTURE ENFORCEMENT. The failure of Landlord to insist on the exact and immediate fulfillment of any obligations or conditions under this Agreement, or any of the regulations specified, shall not qualify as a waiver of these provisions. This failure to insist will not restrict Landlord from demanding prompt compliance in the future and shall not prevent Landlord from taking legal action in case of future violations. Landlord can only waive a provision, obligation, or condition under this Agreement if the waiver is in writing and signed by Landlord.
36. MODIFICATION. This Agreement constitutes the full and complete understanding between the parties and may not be altered or amended in any manner except through a written agreement signed by both Landlord and Tenant.
37. LEAD-BASED PAINT DISCLOSURE. This disclosure is applicable if the Premises is “target property” constructed prior to 1978. Tenant acknowledges receiving the EPA publication, “Protect Your Family From Lead In Your Home,” and Tenant has read and understands it. In addition, a fully executed copy of the document “Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards” has been signed by both Tenant and Landlord, as well as any applicable real estate broker, and is attached to and incorporated as a part of this Agreement.
38. NOTICE OF DOMESTIC ABUSE PROTECTIONS. (1) As provided in section 106.50(5m) (dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following: (a) A person who was not the tenant's invited guest. (b) A person who was the tenant's invited guest, but the tenant has done either of the following: 1. Sought an injunction barring the person from the premises. 2. Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant's guest. (2) A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes. If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency. (3) A tenant is advised that this notice is only a summary of the tenant's rights and the specific language of the statutes governs in all instances.
39. SEX OFFENDER REGISTRY. Tenant may obtain information about the Sex Offender Registry and persons registered with the registry by accessing the Wisconsin Dept. of Corrections website at https://appsdoc.wi.gov/public or by calling (608) 240-5830.
40. PARKING. If parking spaces are included as part of this Agreement, the following information must be indicated:
Type of Parking Space: _____ Attached Garage or _____ Offsite [specify location]: _____________________________________
Number of Spaces: ___________
Designation: _____ Reserved, _____ Unreserved, or _____ Other [describe]: ____________________________________________
Note: Any additional charges or fees for parking (beyond the monthly Rent outlined in this Agreement) are as follows:
____________________________________________________________
____________________________________________________________
41. NOTICE. Any notice or demand required or necessary under this Agreement or under state law (“Notice”) shall be considered validly given or served if it is sent in writing to the individual named below and delivered through one of the following methods: (1) personal delivery, (2) courier or messenger service, (3) posting or legal publication, (4) registered or certified mail through the United States Postal Service. Notice is considered delivered when it is actually received by the intended recipient, or as otherwise specified under applicable law or this Agreement. Refusal to accept a Notice shall qualify as delivery of the Notice.
If to Landlord to:
______________________________________________
[Landlord's Name]
______________________________________________
[Landlord's Address]
______________________________________________
[Landlord's City, State, and Zip]
If to Tenant to:
______________________________________________
[Tenant's Name]
______________________________________________
[Tenant's Address]
______________________________________________
[Tenant's City, State, and Zip]
Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. The above-named individual for the Landlord is the agent authorized to manage the leased Premises and is either an owner of the Premises or a person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of Notices. Tenant acknowledges that any property manager, rental agent, or employee thereof serves as a representative of Landlord.
42. CONSENT TO ELECTRONIC COMMUNICATIONS. This Agreement between the Landlord and Tenant allows for the use of electronic documents, email, and electronic signatures, as long as it is not prohibited by federal or Wisconsin law. To provide such consent to Landlord, firstly, Tenant must consent electronically, as required by federal law. Secondly, Tenant must provide Tenant's email address in this section below. Both parties agree that Landlord may provide the following documents electronically: (1) a copy of this Lease and any related attachment or document; (2) security deposit and any documents related to the accounting or disposition of the security deposit and refund; (3) any promise made by Landlord prior to entering into this Agreement to clean, repair, or otherwise improve the Premises; and (4) an advance notice to enter the Premises to inspect the Premises, make repairs, show the premises to prospective tenants or purchasers, or comply with applicable laws and regulations. However, default or eviction notices cannot be given electronically.
Tenant’s Initials: ____________ Tenant’s E-Mail Address: __________________________________
Tenant’s Initials: ____________ Tenant’s E-Mail Address: __________________________________
Tenant’s Initials: ____________ Tenant’s E-Mail Address: __________________________________
Tenant’s Initials: ____________ Tenant’s E-Mail Address: __________________________________
43. ADDENDA. The terms set forth in the attached addenda or riders are made a part of this Agreement. [list titles of addenda:]
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44. ADDITIONAL PROVISIONS ; DISCLOSURES. _________________________________________________________
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[Landlord must note above any disclosures about the premises that may be required under Federal or Wisconsin law, such as flood hazards, if the premises has been determined to be located in a flood zone or area.]
As to Landlord:
Sign: _________________________________________ Print: _________________________________________
Sign: _________________________________________ Print: _________________________________________
As to Tenant:
Sign: _________________________________________ Print: _________________________________________
Sign: _________________________________________ Print: _________________________________________
Sign: _________________________________________ Print: _________________________________________
Sign: _________________________________________ Print: _________________________________________
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