Rental Resources

Persons who are paid or otherwise compensated to rent property and negotiate and sign leases for the owner fall within the definition of a broker under Wis. Stat. § 452.01(2). This statute states that a broker includes “any person who for another, and for commission, money or other thing of value, negotiates or offers or attempts to negotiate a sale, exchange, purchase or rental of an interest or estate in real estate.” This definition includes persons negotiating the terms of a rental interest in real estate. If the negotiation of lease terms or the drafting and signing of leases for another is involved, licensure is required. A property manager who signs or negotiates leases on behalf of a property owner must either be a licensed broker or be a licensed salesperson associated with a brokerage firm. Brokers also must have proper agency authority — typically a Property Management Agreement, a WB-37 Residential Listing Contract — Exclusive Right to Rent or an Exclusive Listing Contract Right to Rent Commercial Property — to provide property management services.

WRA legal resources

• Legal Updates — Residential Rental
• Legal Hottips — Land/Tenant Issues  
• Pointers for giving notice using WRA landlord/tenant forms  

Wisconsin residential rental statutes and rules

• Wis. Stat. Chap. 704: Landlord and Tenant Law  
• Wis.Stat.§§799.40-799.45: Evictions 
• Wis. Admin. Code Chapter ATCP 134: Residential Rental Practices
• Wis. Stat. § 106.50: Open Housing  
• Wis. Admin. Code Chapter REEB 18: Trust Accounts
• Wis. Stat. § 943.215: Absconding without Paying Rent 

HUD guidance for use of criminal records in tenant screening

• "HUD's New Take on Tenant Screening Standards," in the May 2016 issue of Wisconsin Real Estate Magazine
• "Fair Housing Act: Criminal History-based Practices and Policies," from the NAR legal affairs department