Wisconsin Roommate Agreement
A Wisconsin roommate agreement is a legal document that allows tenants to share a rental property and outlines the terms for sharing costs such as rent, utilities, and other responsibilities related to the property. It is essential for all roommates to read and agree to the terms of the agreement before signing.
Wisconsin Roommate Agreement
Key Elements of a Roommate Agreement
- Parties Involved: The agreement should specify who is making the agreement, the property address, and the identity of the landlord.
- Lease Term: It is important to note the duration of the existing lease and how long the roommate agreement will last.
- Security Deposit: The agreement should discuss how the security deposit will be divided among the roommates and the rules for returning or deducting any portion.
- Rent Amount: The total rent amount must be stated, along with how it will be divided among the roommates.
- Utility Payments: The agreement should determine how utility payments will be split and who is responsible for making payments to the utility companies.
- Lease Violations: It should set rules for handling violations of the lease or roommate agreement and outline what happens if someone needs to move out early.
- House Rules: Any house rules regarding food, cleaning, guests, and other shared responsibilities should be listed.
- Room Assignments: The agreement must divide bedrooms and clarify which areas will or will not be shared.
- Signatures: All parties should sign and date the agreement, and a completed landlord consent form should be attached.
Types of Roommate Arrangements in Wisconsin
Understanding the different types of tenancy is crucial for all roommates and landlords involved:
Co-tenancy
In this arrangement, all roommates are on the same lease, pay rent to the same landlord, and share equal responsibility for adhering to the lease terms. Co-tenants generally do not have the power to evict one another and must go to the landlord for any misconduct issues.
Subtenancy
Here, the original tenant acts as the landlord to the roommate (subtenant). The original tenant receives rent from the subtenant and is responsible for addressing the subtenant’s rental issues. The original tenant can usually evict the subtenant for misconduct. Subleasing is typically not allowed without the landlord’s permission and can lead to termination and eviction.
At-Will Tenancy / Guest Tenancy
This is an informal arrangement where either party can end the tenancy at any time. The landlord may or may not have consented to this arrangement. In this case, the roommate is considered a guest, and the original tenant can often demand their departure at any time. Landlords can impose limits on how long a guest may stay without being on the lease and can evict if guest rules are violated.
Lease Violations in Roommate Situations
Roommates, as co-tenants, are “jointly and severally liable” for the terms of the original lease. This means that each co-tenant is fully responsible for adhering to all lease terms. The landlord can pursue full recovery from any co-tenant for violations. For instance, if one roommate fails to pay their rent, the landlord can demand full payment from the other roommates. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant remains liable for any violations committed by the roommate.
Resolving Roommate Disputes
In the event of a dispute, the original lease takes precedence over the roommate agreement. House rules regarding food sharing, chores, and quiet hours are generally not enforceable in court. Co-tenants may consider using a neutral third-party service, such as mediation or arbitration, to resolve disagreements not related to the lease.
Statutes
- Wis. Admin. Code §§ 134.06 – Security deposits
- Wis. Admin. Code §§ 134.06(2) – Security deposits
- Wis. Admin. Code §§ 134.06(4) – Security deposits
- Wis. Admin. Code §§ 134.06(1)(a) – Security deposits
- Wis. Admin. Code §§ 134.06(1)(b) – Security deposits
- Wis. Admin. Code §§ 134.05(4) – Earnest money deposits and credit check fees
- Wis. Admin. Code §§ 134.03(2a) – Rental agreements and receipts
- Wis. Stat. Ann. §§ 704.19(3) – Notice necessary to terminate periodic tenancies and tenancies at will
- Wis. Stat. Ann. §§ 704.15 – Requirement that landlord notify tenant of automatic renewal clause
- Wis. Stat. Ann. §§ 704.07(4) – Repairs; untenantability
- Wis. Admin. Code §§ 134.09(7) – Prohibited practices
- Wis. Stat. Ann. §§ 799.25(10) – Costs
- Wis. Stat. Ann. §§ 704.29(2)(b) – Recovery of rent and damages by landlord; mitigation
- Wis. Stat. Ann. §§ 704.17(1) – Notice terminating tenancies for failure to pay rent or other breach by tenant
- Wis. Stat. Ann. §§ 704.17(2)(b) – Notice terminating tenancies for failure to pay rent or other breach by tenant
- Wis. Stat. Ann. §§ 704.17(3) – Notice terminating tenancies for failure to pay rent or other breach by tenant
- Wis. Stat. Ann. §§ 704.05(2) – Rights and duties of landlord and tenant in absence of written agreement to contrary
- Wis. Stat. Ann. §§ 704.04(8) – Check-in sheet
- Wis. Stat. Ann. §§ 106.50(5m) – Open housing
- Wis. Stat. Ann. §§ 704.16 – Termination of tenancy for imminent threat of serious physical harm; changing locks
- Wis. Stat. Ann. §§ 704.05(5)(a) – Rights and duties of landlord and tenant in absence of written agreement to contrary
- Wis. Stat. Ann. §§ 704.05(5)(2) – Rights and duties of landlord and tenant in absence of written agreement to contrary
- Wis. Stat. Ann. §§ 704.45 – Retaliatory conduct in residential tenancies prohibited
- Wis. Admin. Code §§ 134.04(2) – Disclosure requirements
- Wis. Admin. Code §§ 134.04(1) – Disclosure requirements
- Wis. Stat. Ann. §§ 799.01(2) – Applicability of chapter
- Wis. Stat. Ann. §§ 799.40 – Eviction actions
FAQs
A Wisconsin roommate agreement is a contract that outlines the responsibilities and rules for tenants sharing a rental property. It is important because it clarifies how rent, utilities, and other expenses are shared, and establishes house rules, helping to prevent disputes among roommates.
Key components of a Wisconsin roommate agreement include the identification of parties involved, the term of the lease, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for handling lease violations and early move-outs.
Co-tenancy means that all roommates are on the same lease and share equal responsibility for adhering to its terms. This arrangement requires all roommates to sign the original lease with the landlord’s approval, making them jointly liable for any lease violations.
Disputes between roommates are generally resolved by referring to the original lease, which takes precedence over the roommate agreement. If the disagreement is not related to the lease, roommates may consider using mediation or arbitration services for resolution.
If one roommate fails to pay their share of the rent, the landlord can pursue full payment from any of the co-tenants, as they are jointly and severally liable for the lease terms. This means that all roommates are responsible for ensuring the rent is paid in full.
Yes, a roommate agreement can include house rules regarding cleaning, guests, and other shared responsibilities. However, it’s important to note that these rules may not be enforceable in court if they conflict with the original lease.
Co-tenancy involves all roommates being on the same lease with equal responsibilities, while subtenancy occurs when one tenant rents out part of the property to another tenant, making the original tenant the landlord for the subtenant. Subtenancy usually requires the landlord’s permission.
The security deposit section of a roommate agreement should specify how the deposit is split among roommates and outline the rules for returning or deducting any portion of the deposit when a roommate moves out.