RESIDENTIAL LEASE AGREEMENT
This Lease Agreement (the "Agreement") is made and entered on _________ (the "Effective Date") by and between _________ (the "Landlord") and the following tenants:
(hereinafter, the "Tenant(s)").
The Landlord and the Tenant(s) agree as follows:
The Landlord, in consideration of the lease payments provided in this Agreement, leases to the Tenant(s) a house located at _________, _________, Wisconsin _________ (the "Property"). No other portion of the building wherein the Property is located is included unless expressly provided for in this Agreement.
The term of the Lease Agreement begins on _________ (hereinafter, the "Commencement Date"), and shall continue from that date as a month-to-month tenancy.
Either party may terminate the tenancy by giving written notice of intention to terminate the tenancy at least 28 days prior to the intended termination date.
Such notices may be given on any date.
The Tenant(s) shall vacate the Property upon termination of the Lease Agreement, unless:
(i) The Landlord and the Tenant(s) have, in writing, extended this agreement or signed a new agreement.
(ii) Mandated by local rent control law.
(iii) The Landlord accepts Rent from the Tenant(s) (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate.
All other terms and conditions of this Agreement shall remain in full force and effect.
The Tenant(s) is hereby notified that the Owner or Landlord _________ is the Property Manager in charge of repairs or maintenance of the Property.
If the Tenant(s) has any complaint regarding any issue about the Property, _________ shall be contacted by one of the following methods:
The Tenant(s) shall pay the Landlord monthly rent in the amount of $_________ (hereinafter, the "Rent") for each full month during this lease. The full month's rent is due and payable not later than the 1st day of each month. If that day falls on a legal holiday, the Rent is due on the next business day.
The Landlord may increase the Rent at the end of the initial lease term by giving the Tenant(s) at least a 28 days written notice.
Place of Payment:
The Tenant(s) shall remit all Rent payment amounts owed to the Landlord under this Lease Agreement to the following address:
The Landlord may later change the person and place to which the Tenant(s) must remit the rental amounts due under this Lease Agreement.
Method of Payment:
The Tenant(s) shall pay Rent by selecting any of the following forms of payment (select one or more):
If the Landlord agrees that the Tenant(s) shall have the right to sub-let the Property or any part thereof, or if that the Property is leased under any form of multiple or joint tenancy, the Tenant(s) shall be responsible for collecting the lease payment from the sublessee(s) or joint lessee and submitting it to the Landlord in a single and complete payment.
Moreover, the Tenant(s) shall be responsible for any lease payment not received by the Landlord by the due date stated in the present Lease Agreement. All partial payments made for an incomplete monthly period shall be pro-rated at the rate of 1/30th of the monthly lease payment per day.
Lastly, the Landlord shall have the option to accept or reject payments made by third parties, but such acceptance or rejection of payment shall not imply a future obligation to accept or reject payments submitted by third parties.
During the term of this Lease Agreement, the only individuals permitted to reside on the Property are the following:
The Tenant(s) may not allow any guest to stay on the Property longer than _________ consecutive days or _________ days in a calendar year. The Tenant(s)'s guests shall not be considered original occupants of the Property under any circumstances.
The amount of time the Tenant(s)'s guests may stay on the Property may never be longer than the time permitted by any owners' association rule or restrictive covenant or _________ consecutive days or _________ days in a calendar year, without Landlord's written permission, whichever is less.
Parking spaces for motor vehicles or motorcycles are not provided nor permitted on the Property under this Lease Agreement.
7. PETS / STRAYS
No animal or pet shall be kept, permanently or temporarily, on or about the Property, even temporarily or with a visiting guest. As provided by law, a Service Animal(s) is not considered a pet, and every individual with a disability shall have a right to have a Service Animal(s) on the Property.
Any animal discovered on or around the Property will be considered a stray. Strays shall not be kept or fed in or about the Property. All strays will be reported to the proper authorities and removed at the Tenant(s)'s expense.
Smoking is not allowed in or on any area of the Property, including individual units and common areas, both indoors or outdoors. This policy applies to tenants or guests. This restriction includes the use of e-cigarettes and vaping.
If the Tenant(s) contravenes this provision by smoking or allowing guests to smoke in any place on the Property, then such Tenant(s) shall be held liable for any damages caused to the Property. The violation of this provision shall be considered a just cause for the eviction of the Tenant(s) by the Landlord.
The Landlord will have the responsibility to maintain the Property in good condition at all times and perform all repairs reasonably necessary to meet the implied warranty of habitability of the Property, that is, that the Property is in a safe and livable condition.
All requests for repairs must be in writing and delivered to the Landlord. The Tenant(s) may call the Landlord only in the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant.
The Tenant(s) may not repair or cause to be repaired any condition, regardless of the cause, without the Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item and the selection of contractors, will be at the Landlord's sole discretion.
In an emergency, the Tenant(s) may make any repairs or replacements without prior written consent from the Landlord and at his expense. However, if such repairs or replacements are unsatisfactory and cause additional damages, the Tenant(s) shall reimburse the Landlord for the cost of making such repairs.
The Landlord shall have a duty to do all of the following:
(i) Keep in a reasonable state of repair portions of the Premises over which the Landlord maintains control.
(ii) Keep in a reasonable state of repair all equipment under the Landlord's control necessary to supply services that the Landlord has expressly or impliedly agreed to furnish to the Tenant(s).
(iii) Make all necessary structural repairs.
11. UTILITIES AND SERVICES
The Tenant(s) shall be solely responsible for and shall pay expenses for all utilities and services used or consumed at the Property.
12. HAZARDOUS MATERIALS
The Tenant(s) shall not keep or have on the Property any article or item of a dangerous, flammable, or explosive material that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.
13. DISPOSITION OF PERSONALTY LEFT BY THE TENANT(S)
Under Wisconsin Revised Statutes section 704.05(5), if the Tenant(s) removes from or is evicted from the Premises and leaves personal property, the Landlord may presume, in the absence of a written agreement between the parties to the contrary, that the Tenant(s) has abandoned the personal property and may, subject to applicable law, dispose of such property in any manner that the Landlord, in its sole discretion, determines is appropriate.
If the Landlord disposes of the property by private or public sale, the Landlord may send the proceeds of the sale minus any costs of sale and any storage charges if the Landlord has first stored the personalty to the department of administration for deposit in the appropriation under Wisconsin Revises Statutes section 20.505 (7) (h).
If the personal property that the Tenant(s) leaves behind is prescription medication or prescription medical equipment, the Landlord shall hold the property for 7 days from the date on which the Landlord discovers the property. After that time, the Landlord may dispose of the property in the manner that the Landlord determines is appropriate, but shall promptly return the property to the Tenant(s) if the Landlord receives a request for its return before the Landlord disposes of it.
Notice by the Landlord required if the property is a manufactured home, mobile home, or a vehicle.
The Landlord's power to dispose of the Tenant(s)'s property as provided hereto applies to any property left on the Premises by the Tenant(s), whether owned by the Tenant(s) or by others.
14. POSSESSION OF THE TENANT(S) AND ACCESS BY THE LANDLORD
The Tenant(s) has the right to exclusive possession of the Premises until the expiration date specified in this Lease Agreement, so long as the Tenant(s) is not in default, except as otherwise provided in this provision.
Under Wisconsin Revised Statutes, section 704.05(2), the Landlord may upon advance notice and at reasonable times inspect the Premises, make repairs and show them to prospective tenants or purchasers; and if the Tenant(s) is absent from the Premises and the Landlord reasonably believes that entry is necessary to preserve or protect the Premises, the Landlord may enter without notice and with such force as appears necessary.
Except in case of emergency, the Landlord will give the Tenant(s) reasonable notice of intent to enter. For these purposes, a twenty-four (24) hour notice will be deemed reasonable.
15. LANDLORD INDEMNITY
Unless an event giving rise to liability is caused by the Landlord, the Landlord shall not be responsible for any damage, injuries, or losses to the person or property of the Tenant(s), the Tenant(s)'s family, guests, invitees, or agents, caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants such as carbon monoxide, asbestos, radon, lead-based paint, mold, fungus, etc., or other occurrences or casualty losses. The Tenant(s) hereby explicitly agrees to indemnify, defend and hold the Landlord harmless from any and all claims or assertions arising from every kind and nature of event mentioned above.
Unless prohibited by law, the Tenant(s) shall promptly reimburse the Landlord for any damages, injuries, or losses to person or property caused by the Tenant(s) or the Tenant(s)'s guests, any pets or assistance animals, including the cost of repairs or service to the Property.
The Tenant(s) shall not, without the prior written consent of Landlord, which may be withheld at the Landlord's sole discretion, voluntarily or involuntarily assign, this Lease Agreement or any interest herein or sublet the Property or any part thereof.
The Tenant(s) is specifically prohibited from offering all or part of the Property for short-term rentals such as through Airbnb, VRBO, or other such sites or programs. Any advertising or online postings, as well as actual rentals of the Property to vacation or short-term guests, shall constitute a material breach of this Lease Agreement.
Any person who is not the Tenant(s) who occupies any portion of the Property, for any period of time whatsoever, for any compensation or consideration whatsoever (including, without limitation, the payment of money and/or trade and/or barter of other goods, services, or property occupancy rights) is NOT a guest, and such occupancy constitutes unauthorized subletting or assignment which is a substantial and material breach of this Lease Agreement.
17. TENANT PROTECTION FROM DOMESTIC ABUSE AND EARLY TERMINATION OF TENANCY FOR IMMINENT THREAT
Please take notice that under Wisconsin Statutes section 106.50 (5m) (dm), the tenant has a defense to an action for eviction brought by the Landlord if the tenant proves by a preponderance of the evidence that the landlord knew or should have known any of the following:
(i) That the tenant is a victim of domestic abuse, sexual assault, or stalking and that the basis for the action for eviction is conduct that related to the commission of domestic abuse, sexual assault, or stalking by a person who was not the guest of the tenant.
(ii) That the tenant is a victim of domestic abuse, sexual assault, or stalking, that the basis for the action for eviction is conduct that related to the commission of domestic abuse, sexual assault, or stalking by a person who was the guest of the tenant, and that the tenant has done one of the following:
a. Sought an injunction enjoining the person from appearing on the premises.
b. Upon being notified in accordance with the law provided a written statement to the landlord indicating that the person will no longer be a guest of the tenant and has not subsequently invited the person to be a guest of the tenant.
Please also take notice that under Wisconsin Statutes section 704.16(1)(a) and (b)1., a residential tenant may terminate his or her tenancy and remove from the premises if:
(i) The tenant or a child of the tenant faces an imminent threat of serious physical harm from another person if the tenant remains on the premises.
(ii) The tenant provides the landlord with notice in the manner provided under section 704.21 with a certified copy of an injunction order.
Notice under this Lease Agreement will be given in accordance with the applicable statute. All other notices shall be deemed sufficient if made as follows:
1) All notices to the Landlord shall be directed by personal delivery or first-class mail to the Landlord at the appropriate address set forth below, until the Tenant(s) is notified, in writing, to the contrary.
2) All notices to the Tenant(s) shall be directed by personal delivery or first-class mail to the Tenant(s) at the Leased Property or any forwarding address provided in writing by the Tenant(s) to the Landlord.
_________, _________, Wisconsin _________
Such addresses may be changed from time to time by any party by providing notice as set forth above.
19. GOVERNING LAW
This Lease Agreement shall be governed, construed, and interpreted by the Laws of the State of Wisconsin.
IN WITNESS WHEREOF, the Landlord and the Tenant(s) have executed this Lease Agreement in the manner prescribed by law as of the Effective Date.
By: ____________________________ Date: ______________
Wisconsin Lease Agreement
Address: _________, _________, Wisconsin _________
The Tenant(s) has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below:
|Window coverings ||_________||_________________________|
By: ____________________________ Date: ______________
Acknowledged by Landlord:
By: ____________________________ Date: ______________