How to Transfer a Lease to a New Tenant in Wisconsin

If you’re a renter in Wisconsin wanting to move before your lease ends, you may wonder if you can transfer your lease to another person. This process—often called a "lease assignment" or "subletting"—can offer flexibility for renters, but follows specific legal rules. Understanding your rights and obligations is key to a smooth transition.

Lease Transfers in Wisconsin: The Basics

A lease transfer allows a current tenant to either sublet (sublease) or assign their rental agreement to a new tenant. In Wisconsin, these options are not automatically permitted unless stated in your lease or approved by your landlord.

• Subletting means you remain on the original lease but allow another person (the subtenant) to live in the unit and pay rent.
• Assignment transfers your entire legal responsibility and rights under the lease to the new tenant, with landlord consent.

Always check your rental agreement first. Many Wisconsin leases include specific terms about assignment and subletting.

Does Wisconsin Law Allow Lease Transfers?

Wisconsin law neither guarantees nor forbids subletting or assignment. Wisconsin Statutes Chapter 704 – Landlord and Tenant Law says that unless your lease allows it, you must get your landlord’s written permission before transferring your lease rights.^[1]

If you transfer your lease without consent, you could face eviction or financial penalties.

When Landlord Approval is Needed

• If your lease is silent or bans subletting/assignment, written landlord permission is required.
• If your lease permits it, follow the notice or approval process outlined there.

Step-by-Step: How to Transfer a Lease in Wisconsin

Here’s a practical guide for Wisconsin tenants who want to assign or sublease their lease:

• 1. Review your lease agreement. Look for any section mentioning subletting or assignment.
• 2. Discuss your plans with your landlord. Provide written notice, even if the lease is silent, to avoid misunderstandings.
• 3. Submit a written request with the new tenant’s information (name, contact info, background/credit references).
• 4. Wait for written landlord approval before making any changes or having a new tenant move in.
• 5. Use a formal agreement:
  • If subletting, fill out a Sublease Agreement (no official Wisconsin form; use your own or ask your landlord).
  • If assigning, draft a Lease Assignment Agreement. Your landlord may provide one, or you can use a simple template.
• 6. Notify the landlord of the agreement (and provide copies for everyone’s records).

Keep all communication in writing for your own records and future reference.

Official Forms for Lease Transfers

Wisconsin law does not require specific government forms for subletting or assignment, but all agreements should be in writing:

• Notice of Intent to Sublet or Assign (no official number): Write a letter stating your intention and provide the proposed new tenant’s details. Deliver this to your landlord via mail or in-person, keeping a copy.
• Sublease Agreement: A written agreement between you and the new tenant, outlining who is responsible for rent and damages. No official form, but your landlord or a legal aid agency might provide a template. See Chapter 704 of the Wisconsin Statutes for legal requirements.
• Lease Assignment Agreement: A document (no official state form) transferring your full lease rights and duties to someone else, which must be signed by all parties and the landlord.

Which Tribunal or Board Handles Rental Disputes?

In Wisconsin, the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) – Consumer Protection Bureau helps resolve rental disputes and upholds tenant rights. They provide information and can investigate complaints if your landlord refuses reasonable requests or does not follow lease transfer laws.^[2]

Relevant Wisconsin Legislation

Lease assignments and subletting are governed under Wisconsin Statutes Chapter 704 – Landlord and Tenant Law, including:

• Section 704.05: Rights and duties of landlord and tenant
• Section 704.09: Provisions on subleasing and assignment

Action Steps for Wisconsin Renters

In summary, to transfer your lease in Wisconsin:

• Review your lease for restrictions or procedures about transfers.
• Notify your landlord in writing and request approval.
• Sign a written agreement (sublease or assignment) with the new tenant.
• Keep all records of correspondence and agreements.

1. Can I assign my Wisconsin lease without my landlord’s permission?
   If your lease is silent or prohibits assignment, you must get your landlord’s written approval before transferring your lease rights.
2. What is the difference between subletting and assigning a lease?
   Subletting means you are still responsible for the lease while the new tenant lives in the unit; assignment transfers all rights and responsibilities to the new tenant.
3. Are there any official Wisconsin forms for lease assignment or subletting?
   No, Wisconsin does not provide official government forms, but all agreements should be in writing and signed by all parties, including your landlord.
4. What if my landlord refuses my request to transfer the lease?
   If your landlord unreasonably denies your request, you may contact the Wisconsin DATCP Consumer Protection Bureau or seek legal aid for help.
5. Does the new tenant have to qualify under the same criteria as I did?
   Yes, landlords in Wisconsin may require the new tenant to meet their regular rental application and screening criteria before approving the transfer.

Need Help? Resources for Renters

• Wisconsin DATCP Consumer Protection Bureau – Landlord-Tenant Resources: Guidance and complaint submission.
• State Bar of Wisconsin Legal Information: Understanding your rights and responsibilities.
• Landlord-Tenant Guide from DATCP: Complete guide for tenants and landlords.

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1. Wisconsin Statutes Chapter 704 – Landlord and Tenant Law
2. Wisconsin DATCP – Landlord-Tenant Consumer Protection

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