Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 134 - Residential Rental Practices › Section ATCP 134.02 - Definitions

Current through June 24, 2024
(1)"Building and housing codes" means laws,
				ordinances, or governmental regulations concerning the construction,
				maintenance, habitability, operation, occupancy, use or appearance of any
				premises or dwelling unit.
(1m)"Consumer credit report" has the meaning
				given for "consumer report" in
				15 USC
				1681 a(d).
(1r)"Consumer reporting agency that compiles
				and maintains files on consumers on a nationwide basis" has the meaning given
				in
				15 USC
				1681 a(p), and includes the agency's contract
				affiliates.
(2)"Dwelling unit"
				means a structure or that part of a structure that is primarily used as a home,
				residence, or place of abode. The term includes a manufactured home as defined
				in s. ATCP s 125.01(1) or site as defined in s.
				ATCP
				125.01(7).
(3)"Earnest money deposit" means the total of
				any payments or deposits, however denominated or described, given by a
				prospective tenant to a landlord in return for the option of entering into a
				rental agreement in the future, or for having a rental agreement considered by
				a landlord. "Earnest money deposit" does not include a fee which a landlord
				charges for a credit check in compliance with s.
				ATCP
				134.05(3).
(5)"Landlord" means the owner or lessor of a
				dwelling unit under any rental agreement, and any agent acting on the owner's
				or lessor's behalf. The term includes sublessors, other than persons subleasing
				individual units occupied by them.
(6)"Lease" means a lease as defined in s.
				704.01(1),
				Stats.
(7)"Owner" means one or more
				persons, jointly or severally, vested with all or part of the legal title to
				the premises or all or part of the beneficial ownership and right to present
				use and enjoyment of the premises. The term includes a mortgagee in
				possession.
(8)"Person" means an
				individual, partnership, corporation, association, estate, trust, and any other
				legal or business entity.
(9)"Premises" means the property covered by
				the lease, including not only the realty and fixtures, but also any personal
				property furnished with the realty.
(10)"Rental agreement" means an oral or
				written agreement between a landlord and tenant, for the rental or lease of a
				specific dwelling unit or premises, in which the landlord and tenant agree on
				the essential terms of the tenancy, such as rent. "Rental agreement" includes a
				lease. "Rental agreement" does not include an agreement to enter into a rental
				agreement in the future.
Note:
By approving an individual as a
				  prospective tenant, a landlord does not necessarily enter into a "rental
				  agreement" with that individual, or vice-versa. A "rental agreement: (creating
				  a tenancy interest in real estate) arises only after the parties agree on the
				  essential terms of tenancy, including the specific dwelling unit which the
				  tenant will occupy and the amount of rent which the tenant will pay for that
				  dwelling unit.
(11)"Security
				deposit" means the total of all payments and deposits given by a tenant to the
				landlord as security for the performance of the tenant's obligations, and
				includes all rent payments in excess of 1 month's prepaid rent.
(12)"Tenant" means a person occupying, or
				entitled to present or future occupancy of a dwelling unit under a rental
				agreement, and includes persons occupying dwelling units under periodic
				tenancies and tenancies at will. The term applies to persons holding over after
				termination of tenancy until removed from the dwelling unit by sheriff's
				execution of a judicial writ of restitution issued under s.
				799.44,
				Stats. It also applies to persons entitled to the return of a security deposit,
				or an accounting for the security deposit.
(13)"Tenancy" means occupancy, or a right to
				present occupancy under a rental agreement, and includes periodic tenancies and
				tenancies at will. The term does not include the occupancy of a dwelling unit
				without consent of the landlord after expiration of a lease or termination of
				tenancy under ch. 704, Stats.
(14)"Tourist or transient occupants" means
				tourists or other persons who occupy a dwelling unit for less than 60 days
				while traveling away from their permanent place of residence.