Not legal advice. This page explains Wisconsin's rental rules in plain English, for tenants and landlords alike. Your lease and facts matter, so for your own situation talk to one of the free services below.
The 7-Day Rule
- A landlord must give a new residential tenant a check-in sheet at move-in for comments on the unit's condition. The tenant has 7 days from moving in to complete it and return it to the landlord.(Wis. Stat. 704.08)
- Before taking a security deposit, the landlord must tell the tenant in writing that, by a deadline at least 7 days after the tenancy starts, the tenant may inspect the unit and report existing damage or defects.(ATCP 134.06)
- A new sheet isn't required when a lease is renewed.(Wis. Stat. 704.08)
- The City of Madison lists using check-in and check-out forms among tenants' rights.(City of Madison)
The Last Tenant's Damage List
By the same deadline, a tenant can ask for a list of the physical damage or defects charged to the previous tenant's deposit. The landlord may require the request in writing.(ATCP 134.06) The landlord must provide the list within 30 days of the request, or within 7 days after notifying the previous tenant of their deductions, whichever is later. It covers damage whether or not it's been repaired; the landlord can note what was fixed, and doesn't have to name the previous tenant or the amounts.(ATCP 134.06)
Filling It In
- Go room by room in daylight. Note every scratch, stain, chip, crack and anything that doesn't work, and where it is.
- Photograph any damage and send copies with the sheet, as DATCP suggests.(DATCP) Keep your own copy of everything.
- Check that heat works and smoke and carbon monoxide alarms are in place. The indoor air and alarm guide covers what Wisconsin requires.
- At move-out, the same sheet is your record when the deposit is settled. See security deposits in Wisconsin for the 21-day deadline and what can be deducted.
For Landlords
- Give the sheet at move-in, and the written check-in notice before you take the deposit.(Wis. Stat. 704.08)(ATCP 134.06)
- Keep each tenant's deduction list: the next tenant can ask for it.(ATCP 134.06)
- Local governments can't add move-in or move-out inspection rules beyond the state's.(Wis. Stat. 66.0104)
Free Help
- Tenant Resource Center, a Madison nonprofit with information for tenants and landlords.(Tenant Resource Center) Rental Rights Hotline: 608-257-0006. It also offers housing counseling for both sides and mediation for disputes such as security deposits and lease violations.(City of Madison)
- Legal Action of Wisconsin: apply for free legal help at (855) 947-2529. Its housing work covers evictions, housing conditions and security deposits.(Legal Action of Wisconsin)
- DATCP Consumer Protection, the state agency that enforces ATCP 134: (800) 422-7128 or DATCPHotline@wisconsin.gov. Its landlord-tenant guide is at LandlordTenant.wi.gov.(DATCP)
- City of Madison: Building Inspection takes housing code complaints at 608-266-4551,(City of Madison) and the Department of Civil Rights takes housing discrimination complaints at 608-266-4910.(City of Madison)
Questions
How many days do you have to return a check-in sheet in Wisconsin?
7 days from the day the tenant moves in. The landlord has to provide the sheet at move-in; it's for the tenant's comments on the condition of the unit.
Does a landlord have to give a check-in sheet when a lease renews?
No. The check-in sheet is required for a new tenant, not on renewal of a rental agreement.
What should a check-in sheet include?
Every room and fixture, with any scratch, stain, chip, crack or broken item noted. DATCP suggests photographing any damage and sending copies with the sheet. Keep your own copy until the deposit is settled.
Can a tenant see what the last tenant was charged for?
Yes. By the deadline in the landlord's written notice, a tenant can ask for the list of physical damage or defects charged to the previous tenant's deposit. The landlord doesn't have to name the previous tenant or the amounts.