How to Legally Add a Roommate to Your Lease in Wisconsin

Adding a roommate to your lease in Wisconsin can help share costs, but it’s important to make sure you follow state laws and your lease agreement. Doing things correctly protects everyone’s rights and helps avoid trouble with your landlord later. Here’s a guide to the process, your legal rights, and the official steps you should take under Wisconsin law.

Understanding Your Lease and Landlord Approval

In Wisconsin, most leases require landlord approval before another person can move in and become an official co-tenant. Review your lease agreement for specific conditions about subletting, adding occupants, or changing tenants:

• Landlord Permission: Most leases require you to obtain written landlord approval before adding a roommate.
• Responsibility: If your new roommate isn’t added to the lease officially, you may be solely responsible for all rent and damages.
• Lease Terms: Adding a roommate might affect your total rent, deposit, or renewal options. Always negotiate these terms in writing.

Legal Requirements and Tenant Rights in Wisconsin

The main Wisconsin law governing landlord-tenant relationships is Wisconsin Statutes Chapter 704 - Landlord and Tenant^[1]. Wisconsin does not require landlords to allow roommates, but a landlord cannot unreasonably withhold consent if the lease or local ordinances allow additional tenants.

When Does a Roommate Become a Tenant?

• If your landlord approves, your roommate should sign the new lease or a lease amendment.
• This makes your roommate jointly responsible for the rent and property with you.
• Without official approval, your roommate may be considered an unauthorized occupant, risking eviction for everyone in the unit.

Forms Needed to Add a Roommate in Wisconsin

There is no single statewide form, but these are often used:

• Lease Amendment or Addendum
  
  • When to use: If both you and the landlord agree to add a roommate, a lease addendum is signed to officially name the new person as a co-tenant.
  • How to use: Request the landlord provide their standard lease addendum form, or ask if you may use your own. Example addenda may be found within standard lease packets, but always use the version provided by your rental company or landlord.
  • Landlord-Tenant Guide sample forms
• Wisconsin Rental Application (Form DJ-LE-317)
  
  • When to use: Your landlord may require your roommate to complete a new rental application and background check before approval.
  • How to use: The roommate should fill out the application provided by your landlord or use the official DJ-LE-317 form as a template. Submit it directly to your landlord.

Always keep copies of all forms you or your roommate submit for your records.

Step-by-Step: How to Add a Roommate to Your Lease

• Review Lease Terms: Check for any occupancy, subletting, or assignment clauses.
• Talk to Your Landlord: Contact your landlord or property manager to discuss adding a roommate. Make your request in writing (email is fine for most cases).
• Complete Required Forms:
  • Roommate submits a rental application (like DJ-LE-317).
  • Both you and your roommate sign a new lease or an addendum, if approved.
• Keep Records: Save copies of all correspondence and forms.
• Respect Occupancy Rules: Never move in a roommate without landlord permission; this can lead to lease violations and even eviction.

Tribunal for Housing Disputes in Wisconsin

The Wisconsin Circuit Courts handle landlord-tenant disputes, including disagreements over unauthorized occupants or eviction. Either party can file a claim if lease terms are violated.

What If My Landlord Says No?

• If the lease says you need approval, and they refuse, you must comply or face possible eviction.
• If you believe your landlord is unreasonably refusing, you may seek legal advice or contact tenant advocacy organizations.

FAQ

1. Can my landlord refuse to let me add a roommate?
   Yes, if your lease requires approval, the landlord has the right to say no. In some cases, refusal must be reasonable depending on local ordinances.
   
2. Does my roommate have to be on the lease in Wisconsin?
   While not strictly required, your landlord can require all adult occupants to be listed on the lease. If not, you could be at risk for violating your lease terms.
   
3. What happens if I move in a roommate without permission?
   Your landlord may issue a lease violation notice or seek eviction if the lease prohibits unauthorized occupants.
   
4. Is there a standard fee for adding a roommate?
   Some landlords charge an application or background check fee. Wisconsin does not regulate the amount but requires all fees to be disclosed in the lease.
   
5. Can I remove a roommate later?
   If your roommate is on the lease, you’ll usually need landlord approval and possibly a signed lease amendment to remove them.

Conclusion: Key Takeaways

• Always get landlord approval and sign an official lease addendum or new lease when adding a roommate in Wisconsin.
• Use officially approved forms and keep all records.
• Consult the Wisconsin Landlord-Tenant Guide or contact the Wisconsin Circuit Courts if problems arise.

By following these steps, you help protect your rights and keep your rental in good legal standing.

Need Help? Resources for Renters

• Wisconsin Landlord-Tenant Guide – State tenant rights, sample forms
• Wisconsin Circuit Courts – File a dispute, eviction case info
• Landlord-Tenant Resource Center – Mediation, complaint, rental help

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1. Wisconsin Statutes Chapter 704 - Landlord and Tenant

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