(1)"Building and housing codes" means laws,
ordinances, or governmental regulations concerning the construction,
maintenance, habitability, operation, occupancy, use or appearance of any
premises or dwelling unit.
(1m)"Consumer credit report" has the meaning
given for "consumer report" in
15 USC
1681 a(d).
(1r)"Consumer reporting agency that compiles
and maintains files on consumers on a nationwide basis" has the meaning given
in
15 USC
1681 a(p), and includes the agency's contract
affiliates.
(2)"Dwelling unit"
means a structure or that part of a structure that is primarily used as a home,
residence, or place of abode. The term includes a manufactured home as defined
in s. ATCP s 125.01(1) or site as defined in s.
ATCP
125.01(7).
(3)"Earnest money deposit" means the total of
any payments or deposits, however denominated or described, given by a
prospective tenant to a landlord in return for the option of entering into a
rental agreement in the future, or for having a rental agreement considered by
a landlord. "Earnest money deposit" does not include a fee which a landlord
charges for a credit check in compliance with s.
ATCP
134.05(3).
(5)"Landlord" means the owner or lessor of a
dwelling unit under any rental agreement, and any agent acting on the owner's
or lessor's behalf. The term includes sublessors, other than persons subleasing
individual units occupied by them.
(6)"Lease" means a lease as defined in s.
704.01(1),
Stats.
(7)"Owner" means one or more
persons, jointly or severally, vested with all or part of the legal title to
the premises or all or part of the beneficial ownership and right to present
use and enjoyment of the premises. The term includes a mortgagee in
possession.
(8)"Person" means an
individual, partnership, corporation, association, estate, trust, and any other
legal or business entity.
(9)"Premises" means the property covered by
the lease, including not only the realty and fixtures, but also any personal
property furnished with the realty.
(10)"Rental agreement" means an oral or
written agreement between a landlord and tenant, for the rental or lease of a
specific dwelling unit or premises, in which the landlord and tenant agree on
the essential terms of the tenancy, such as rent. "Rental agreement" includes a
lease. "Rental agreement" does not include an agreement to enter into a rental
agreement in the future.
Note: By approving an individual as a
prospective tenant, a landlord does not necessarily enter into a "rental
agreement" with that individual, or vice-versa. A "rental agreement: (creating
a tenancy interest in real estate) arises only after the parties agree on the
essential terms of tenancy, including the specific dwelling unit which the
tenant will occupy and the amount of rent which the tenant will pay for that
dwelling unit.
(11)"Security
deposit" means the total of all payments and deposits given by a tenant to the
landlord as security for the performance of the tenant's obligations, and
includes all rent payments in excess of 1 month's prepaid rent.
(12)"Tenant" means a person occupying, or
entitled to present or future occupancy of a dwelling unit under a rental
agreement, and includes persons occupying dwelling units under periodic
tenancies and tenancies at will. The term applies to persons holding over after
termination of tenancy until removed from the dwelling unit by sheriff's
execution of a judicial writ of restitution issued under s.
799.44,
Stats. It also applies to persons entitled to the return of a security deposit,
or an accounting for the security deposit.
(13)"Tenancy" means occupancy, or a right to
present occupancy under a rental agreement, and includes periodic tenancies and
tenancies at will. The term does not include the occupancy of a dwelling unit
without consent of the landlord after expiration of a lease or termination of
tenancy under ch. 704, Stats.
(14)"Tourist or transient occupants" means
tourists or other persons who occupy a dwelling unit for less than 60 days
while traveling away from their permanent place of residence.
Notes
Wis. Admin. Code
Department of Agriculture, Trade and Consumer
Protection
§
ATCP
134.02
Cr. Register, February,
1980, No. 290, eff. 5-1-80; am. (2), Register, February, 1987, No. 374, eff.
3-1-87; correction in (12) made under s. 13.93(2m) (b) 7, Stats., Register,
April, 1993, No. 448; cr. (1m), (1r) and (14), am. (3) and (10), r. (4),
Register, December, 1998, No. 516, eff. 1-1-99; CR 13-027: am. (2) Register
December 2013 No. 696, eff. 1-1-14.
Amended by,
CR 14-038: am. (2), (9), (10)
Register
August 2015 No. 716, eff.11/1/2015