Wisconsin Renters' Guide to Smoking Policies & Disclosure

If you're moving into a rental unit in Wisconsin, it's important to know your rights and obligations regarding smoking policies. Landlords in Wisconsin can set rules on smoking within rental properties, but state law also requires transparency and proper disclosures. Understanding these regulations helps renters make informed decisions and avoid disputes.

Smoking Rules in Wisconsin Rentals: What Renters Need to Know

Wisconsin state law does not prohibit smoking in private residential units unless the landlord or property manager has set specific restrictions. However, landlords have the right to ban or limit smoking as part of their lease or house rules. Here's what you need to know:

• Landlords can prohibit or allow smoking in both indoor and outdoor areas of the property.
• Rules about smoking must be clearly stated in your lease agreement or disclosed before you sign.
• No-smoking policies can apply to tobacco, cannabis (marijuana), vaping (e-cigarettes), and other substances.

It's important to review your lease and ask for clarification on smoking policies before moving in.

Disclosure Requirements for Landlords

In Wisconsin, landlords are not required under state law to provide a specific written smoking policy. However, they must not misrepresent or omit material facts that would affect your rental decision.^[1] Many landlords choose to include smoking rules in the lease or provide a separate policy document during the rental process.

Why It Matters: Smoking and Property Inspections

Smoking can cause odors, stains, and damage to the property. During the move-in inspection, the landlord will note the unit's condition—and any evidence of smoke damage can become an issue during move-out, especially if your lease prohibits smoking. If the lease bans smoking and you smoke inside the property, you may be held responsible for cleaning costs or damages.

Official Forms and How to Use Them

There is no state-standard smoking disclosure form in Wisconsin. However, you will usually receive the following forms related to your rental agreement and inspections:

• Residential Rental Agreement (Form 410) – This is your main lease contract, which may include clauses regarding smoking.
  When and How to Use: You will receive this document before moving in; review it for specific language about smoking. If smoking policies are unclear, ask your landlord to add any oral agreement about smoking rules in writing.
  See Wisconsin sample lease disclosures
• Check-In / Check-Out Condition Report – Used to document the condition of the rental at move-in and move-out, including any signs of smoke damage or odor.
  When and How to Use: Complete this form at move-in and move-out with your landlord present. Take photos if possible. Review inspection requirements in state regulations

Relevant Wisconsin Tribunal and Rental Laws

The Wisconsin Circuit Court handles residential tenancy disputes, including issues related to lease terms and property condition. The main law protecting renters is Wisconsin Statutes Chapter 704 – Landlord and Tenant.^[2]

What to Do If You Have Concerns or Complaints

If you believe your landlord is not respecting smoking policies, or if undisclosed smoke damage is affecting your health, take the following steps:

• Communicate in writing with your landlord, citing specific concerns and referring to your lease language.
• Document any issues with photos or dated notes.
• If unresolved, you may file a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), which oversees landlord-tenant issues. File a landlord-tenant complaint form with DATCP.
• If damages are involved, you may pursue the matter in Small Claims Court through the Wisconsin Circuit Court system.

It's always best to resolve smoking policy issues early, ideally before moving in, by asking questions and keeping thorough records.

FAQs: Smoking Policies in Wisconsin Rentals

1. Can my landlord change the smoking policy after I move in?
   Usually, changes to smoking policies must wait until your lease is up for renewal, unless your lease specifically allows such changes during your tenancy. Always request any changes in writing.
2. What can I do if my neighbor's smoke enters my unit?
   Contact your landlord in writing and document the issue. If continued exposure affects your health or enjoyment of the property, you may seek help through DATCP or consider moving if the situation remains unresolved.
3. Does a no-smoking policy apply to cannabis or vaping?
   Yes, most leases that prohibit smoking include all forms (tobacco, marijuana, vaping). Check your lease language for specifics.
4. Who repairs smoke damage at move-out?
   If your lease prohibits smoking and smoke damage is found at move-out, you may be responsible for cleaning or repair costs. Always inspect and document the unit on move-in and move-out.

Key Takeaways: Protect Yourself When Renting

• Check your lease for clear smoking policies before signing.
• Ask for disclosures or clarification on the rules if they're not provided.
• Use condition reports to document the property at move-in and move-out.
• Know your resources: DATCP and the Wisconsin Circuit Court are there if you need support.

Being proactive about smoking policies and documentation can help you avoid disputes and enjoy a healthier living environment.

Need Help? Resources for Renters

• Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) – Landlord-tenant complaints, free resources, phone support
• Wisconsin Circuit Court – Resolves tenant-landlord disputes and small claims
• Wisconsin Statutes Chapter 704 – Landlord and Tenant – Full tenancy legislation
• Wisconsin State Law Library: Landlord-Tenant Resources – Additional legal research help

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1. Wisconsin Administrative Code ATCP 134 – Residential Rental Practices: Full text
2. Wisconsin Statutes Chapter 704 – Landlord and Tenant: See legislation

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