Essential Clauses for Wisconsin Roommate Agreements

Sharing a rental in Wisconsin can be a great way to save money, but living with roommates also comes with its own set of challenges. Without a clear roommate agreement, disagreements about cleaning, paying rent, or splitting bills can quickly turn into bigger issues. This guide covers must-have clauses to include in a roommate agreement for renters in Wisconsin, and how these can help protect everyone’s interests under state law. Whether you're subletting or entering a new shared lease, understanding your rights and responsibilities can make all the difference.

Why You Need a Roommate Agreement in Wisconsin

A roommate agreement is a written document between tenants sharing a rental unit. It's separate from your lease with the landlord, but it helps clarify each person's obligations and expectations. Having a detailed, signed roommate agreement is not legally required in Wisconsin, but it’s recommended for all shared housing situations.

• Reduces the risk of disputes over rent, utilities, chores, and guests
• Creates a clear process for what happens if someone moves out early
• Can be used as evidence if disagreements lead to small claims court

Must-Have Clauses to Include in a Roommate Agreement

To keep your shared living arrangement running smoothly, your agreement should cover these key areas:

1. Rent Payment Responsibilities

• Who pays the landlord, and how much does each roommate pay?
• What happens if someone pays late?
• Are payments split evenly or by room size?

2. Security Deposit

• How is the security deposit divided among roommates?
• Who receives the deposit refund at the end of the lease?
• What if one roommate causes damage?

3. Utilities and Other Bills

• How are electricity, water, internet, and other bills divided?
• Who is responsible for making sure bills are paid on time?

4. Cleaning and Chores

• How will common areas be cleaned?
• Are there rotating chores or a cleaning schedule?

5. Guests and Overnight Visitors

• Are overnight guests allowed, and if so, how often?
• Do all roommates need to agree on long-term visitors?

6. Privacy and Quiet Hours

• Are there agreed-upon quiet hours?
• What are the expectations around privacy in bedrooms and common spaces?

7. Move-Out Procedures

• What notice is required if someone wants to move out early?
• How will the departing roommate's share of the deposit, bills, and rent be handled?

8. Subletting and Replacements

• Can a roommate sublet their room?
• Do remaining roommates get a say in approving a new roommate?

9. Conflict Resolution

• How will roommates handle disputes (e.g. regular meetings, mediation)?

Wisconsin Law: Leases and Shared Housing

Wisconsin rental laws do not require landlords to recognize roommate agreements, but roommates are still legally responsible for the terms of the lease they signed. This means all roommates may be held jointly responsible for the total rent and any damages, unless your lease or agreement specifies otherwise. The main law governing rental agreements in Wisconsin is the Wisconsin Statutes Chapter 704: Landlord and Tenant.¹

• Some landlords may require everyone living in the unit to sign the lease. Always check before signing a roommate agreement.
• If you ever need to resolve a housing dispute, you may apply to the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) for support.²

Relevant Official Forms and How to Use Them

While there is no specific “Roommate Agreement” form provided by Wisconsin state agencies, some official forms are commonly used when managing shared tenancies:

• Wisconsin Rental Application (Form DATCP-TR7)
  Use this to apply for a rental. Landlords may require all potential tenants (including roommates) to submit this official form.
  Wisconsin Rental Application Form (TR-7)
• Notice to Vacate (Wisconsin Statutes s. 704.19)
  If a roommate is leaving before the lease ends, a written notice should be provided. The specifics are in Section 704.19: Termination of Tenancy by Tenant.
  Example: If one roommate wants to leave, they should give at least 28 days’ written notice as per state law.
• Small Claims Action Form
  If a dispute arises and can’t be resolved, a roommate can pursue damages in Small Claims Court. The forms and process are available via the Wisconsin Court System Small Claims Forms.

For complete legal information about official forms, check the DATCP Landlord-Tenant Guide.

When and How to Use These Forms

• Before moving in: Use the Rental Application Form if required by your landlord.
• If ending a tenancy: Give written Notice to Vacate (following required state timelines).
• If disputes can’t be settled: Use Small Claims Court forms to seek reimbursement for unpaid rent, utility bills, or damages.

Documenting these steps helps protect your rights throughout your tenancy.

FAQ: Wisconsin Roommate Agreements

1. Do I need a formal roommate agreement in Wisconsin?
   No, a roommate agreement is not required by law, but it is strongly recommended to help prevent misunderstandings.
2. What happens if my roommate doesn’t pay rent?
   If all roommates are on the lease, the landlord can ask for the total rent from any tenant. You may recover your roommate's share in Small Claims Court.
3. Can I kick out a roommate in Wisconsin?
   If your roommate is on the lease, you cannot remove them without landlord approval. If not, you may give notice, but legal processes must be followed.
4. Who gets the security deposit back at move-out?
   The landlord gives the full deposit to the person(s) listed on the lease. Roommates must divide the refund based on your own agreement.
5. Is subletting allowed in Wisconsin shared rentals?
   This depends on your lease terms. Always get landlord permission in writing before subletting your room.

Key Takeaways for Wisconsin Roommates

• Roommate agreements help prevent disputes over rent, bills, and chores.
• All roommates on the lease are jointly responsible for rent and damages under Wisconsin law.
• Use official forms when applying, giving notice, or resolving disputes through Small Claims Court.

Having clear, written agreements can save you time, money, and stress when living with roommates.

Need Help? Resources for Renters

• Wisconsin Landlord-Tenant Guide – Full state resource on tenant rights and responsibilities.
• Department of Agriculture, Trade and Consumer Protection (DATCP) – Handles landlord-tenant complaints.
• Wisconsin Small Claims Court – For recovering unpaid rent or costs from roommates.
• State Bar of Wisconsin Lawyer Referral and Information Service – For professional legal guidance.

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1. Wisconsin Statutes Chapter 704: Landlord and Tenant
2. DATCP Landlord-Tenant Guide

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