Comments on: ATCP 134: THE 7 DEADLY SINS – 7 PROHIBITED RENTAL PROVISIONS

By: Wisconsin’s 7 Prohibited Residential Lease Provisions

Wisconsin’s 7 Prohibited Residential Lease Provisions — Tue, 06 Dec 2011 21:18:18 +0000

[...] Click here to find more detail on these prohibited transactions via Tristan’s Landlord-Tenant Law Blog. [...]

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Thu, 15 Sep 2011 16:17:54 +0000

Marsha – I cannot give specific legal advice via this blog. You are correct however in that anything paid over and above one month’s rent is to be considered a security deposit. So if they pay you $3,000 on October 1st and rent is $500, then you would have a $2500 security deposit.

What they are really doing is prepaying rent. Nothing is wrong with that however I am not a big fan of it personally. If they should vacate at the end of October then the $2500 in the example above would be considered as security deposit.

I prefer nto to hold future rent for tenants, for reasons that are too invovled to list in this comment. What is wrong with them holding on to their own money and paying rent when it becomes due? Are they spendthrifts and are afraid they will spend it all????

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Thu, 15 Sep 2011 16:14:16 +0000

Marsha — the sole purpose of a NSRP to to list items that might be deducted from a tenant’s security deposit. It is allowable to add other items in the documetn as well — as I have in the NSRP that I drafted and is sold at Wisc. Legal Blank — but that is not the purpose.

Personally, I would put rules and regulations in a documents entitled Rules and Regulations. I have drafted a Rules and Regulatiosn document that is sold at Wisc. Legal Blank also. If you have additional R&R you would just list them and attach them as an addendum to the Wisc. Legal Blank R&R.

By: marsha

marsha — Wed, 14 Sep 2011 04:53:27 +0000

I also have one more question. My new tenants want to pay $3000in advance for a $550 monthly rent. .I understand that anything above the monthy rent is a sec deposit. what they want to to is pay in advance and I will hold the full amount and monthy deduct rent from that. Is that ok? I also told them if things change and they want to leave or what ever then what ever is left I would then call that amount a sec dep. Would this be ok to do?

By: marsha

marsha — Wed, 14 Sep 2011 04:45:34 +0000

I added to my NSRP. None of them I believe violate the atcp. Is there anything you can think of that I should not have in my NSRP? Basically I stated in it they can not install a dish on the house (house is cable ready only) , Also that they can’t leave pet unattended in the yard, no outside kennels. . Also need to be quiet after 10 pm. and they must comply with all city codes. And they can not have visitors pets on the property. The property is a 2 unit duplex. Thats why I added rules. I use wi legal blank forms and love them. But I just wanted to know if its ok I add rules and regulations to the NSRP. Thanks for your reply

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Wed, 14 Apr 2010 23:49:23 +0000

You should consult an attorney.

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Wed, 14 Apr 2010 23:48:34 +0000

From the info that you have mentioned I would most likley agree that there may be a violation of ATCP 134. I certainly would advice a landlord client to not include such provisions.

Just a quick point – ATCP 134 and the “7 deadly sins” do NOT apply in commercial rental contexts.