How to Document Existing Damage When Moving In (Wisconsin)

When moving into a new rental in Wisconsin, it’s essential to carefully document any existing damage or wear. Proper records help protect your security deposit and clarify what issues are your responsibility. Wisconsin law sets clear steps for both landlords and tenants about inspecting rental units and identifying damages at move-in.

Why Documenting Move-In Damage Matters in Wisconsin

By documenting current conditions when you move in, you reduce the risk of being unfairly charged for pre-existing issues when you move out. Wisconsin's rental laws require landlords to provide an opportunity for tenants to note damage and notify them about the official process.

Wisconsin's Move-In Inspection and Disclosure Requirements

Wisconsin statutes—specifically, Wisconsin Statutes § 704.07 and Wisconsin Administrative Code ATCP 134.06—lay out move-in inspection, disclosure, and security deposit rules. Here’s what you need to know:

• Check-in Examination Form: Landlords must provide a written inventory or check-in sheet (no official government form, but specific requirements apply).
• Security Deposit Notice: Landlords must include a written statement advising you that you may inspect the unit and note any pre-existing damages or defects.
• You have seven (7) days after you move in to return the completed check-in form with your own documentation of damages.

How to Use the Wisconsin Check-in Sheet

While Wisconsin does not provide an official form as a downloadable document, the law requires that landlords give you a move-in checklist, often called a "Check-in Sheet" or "Inventory Checklist." Here’s how renters should use this form:

• Receive and review the sheet: The landlord should give you a blank form listing all rooms, walls, floors, appliances, and fixtures.
• Inspect the rental: Walk through each part of the unit, making notes of any scratches, stains, broken fixtures, or other damage.
• Add documentation: Take date-stamped photos or videos of anything you report; attach these to your returned form if possible.
• Return in writing: Submit the completed sheet back to the landlord within 7 days, keeping a copy for your records.

If your landlord does not provide this sheet, you are still entitled under the law to review and report damages in writing.

Practical Example for Renters

Sandra moves into her new Madison apartment. On the first day, her landlord gives her a printed "Check-in Sheet" listing all rooms and appliances. Sandra walks through the unit, notices a chipped tile in the bathroom and a small stain on the living room carpet. She writes these down, takes photos, and emails everything to the landlord within five days of moving in. By following these steps, Sandra can avoid being charged for these damages when she moves out.

Relevant Forms: What Renters Need

• Name: Check-in Sheet (Inventory Checklist)
  Form Number: None (provided by landlord — must meet requirements in ATCP 134.06(1)(a))
  When and How to Use: Fill out within 7 days of starting your tenancy, note all pre-existing damages, attach photos, and return to your landlord. If not provided, create your own list and submit it.
  Official Source: Wisconsin Administrative Code ATCP 134.06

What if There's a Dispute?

If you and your landlord disagree about responsibility for a damage or if your deposit is withheld unfairly, you have the right to file a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). DATCP investigates tenant complaints and enforces rental laws statewide.

For unresolved disputes, you may also bring action in Wisconsin Small Claims Court. Be sure to keep all copies of your move-in documentation as evidence.

FAQ: Renters’ Questions About Documenting Damage in Wisconsin

1. Do I have to use the landlord’s check-in sheet, or can I make my own?
   It’s best to use the landlord’s provided sheet, but you may make your own documentation if they don’t provide one. Submit your notes in writing within 7 days and keep a copy.
2. What if I forget to return the form within 7 days?
   You might lose some protection for pre-existing damages, so return it as soon as possible. However, if your landlord failed to give you a sheet or notice, you still have legal rights and should document everything anyway.
3. Can I use photos and videos for move-in documentation?
   Yes—photos and videos, especially with time stamps, are strong evidence and may be attached to your written checklist.
4. Where can I get help if my landlord won’t return my security deposit?
   Contact the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) for assistance, and review your rights under ATCP 134.06.

Key Takeaways for Renters

• Always document the unit’s condition and submit written proof within 7 days of moving in.
• Keep copies of all checklists, and take time-stamped photos or videos as evidence.
• File a complaint if you believe your rights have been violated.

Summing up: Careful move-in documentation saves headaches later and protects your security deposit.

Need Help? Resources for Renters

• Wisconsin DATCP Landlord-Tenant Law and Complaint Info
• Wisconsin Statutes § 704.07 – Landlord Tenant Responsibilities
• Wisconsin Administrative Code ATCP 134.06 – Security Deposits and Check-In Sheets
• Wisconsin Small Claims Court Self-Help

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1. Wisconsin Statutes § 704.07 - Maintenance and Repair of Premises
2. Wisconsin Administrative Code ATCP 134.06 - Security Deposit Withholdings and Check-in Inspection
3. Wisconsin Department of Agriculture, Trade and Consumer Protection - Landlord Tenant Resources

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