New and Improved Residential Rental Agreement Form Available Now
As many of you know, there was a large Landlord-Tenant law that was enacted last month. If you were not aware of this you should take a look at my earlier post on Act 317. As a result of that new law, it was necessary for me to add a new section to the Residential Rental Agreement forms (Forms 19 and 19L) that I draft and which are sold at Wisconsin Legal Blank Company, Inc.
I also took the opportunity to make some other additions/revisions to improve the Rental Agreement form. You know how it goes, once something is completed, rather it be a newly remodeled house, a tweak to your golf swing, or as in this case, a residential rental agreement form, you automatically start wanting to do something more to it. Anyhow, I have been keeping a list of changes that I wanted to make to the Rental Agreement ever since it was printed back in August of 2016.
Below is a summary of the changes to the new and improved Residential Rental Agreement form:
1. Electronic Delivery of Certain Information/Documentation
I added a new section entitled “Electronic Delivery of Certain Information/Documentation" which summarized the new law that allows a Landlord to send certain information and documents to a Tenant via electronic means as long as the parties have agreed to this in writing. Please note that in order for this portion of the new law to apply, a landlord will have to enter into a new rental agreement or renewal that includes such language after April 18, 2018, which is when Act 317 became effective.
2. Short-Term and Vacation Rentals Prohibited
With the significant rise of tenants everywhere subletting their rentals, or portions of their rentals, via online websites like Airbnb, Homeaway, and VRBO, it became necessary to add to the form's section entitled “Assignment or Sublease" clarifying that short-term or vacation rentals are indeed a subletting and are not allowed.
3. End of Lease Term will be 12 noon.
I added a section that specifies that a lease for term will terminate at 12 noon on the final day of the term thus allowing, Landlords a bit more time to turn the unit over.
4. Additional Occupants Under Age 18 Residing on the Premises
I added a new section that allows a Landlord to list underage occupants residing in the premises. This was especially needed because if you were using the digital version of the Rental Agreement form and you included a child's name in the “Tenant" section, it would automatically create a signature line for the child. Oops.
5. No Mounting of Flat Screen Televisions or Satellite Dishes
Under the section entitled “Modifications To Premises" I added a prohibition against the mounting of flat screen televisions to walls and satellite dishes to shared portions of the premises, unless previously authorized by Landlord.
6. Payment for Damage
I added a new section entitled “Payment for Damage" that indicates that if Tenant-caused damage is repaired by Landlord that Tenant must reimburse Landlord for the costs within 10 days of demand,
7. Clarification of Overnight Guest Provision
The language used in the “Use of Premises and Guests" section of the Rental Agreement relating to how long a guest could reside in the rental unit needed to be clarified as it was vague and unclear. Language was added to explain that a guest may not reside in the rental unit for more than 14 non-consecutive days within any one year period or for more than 3 consecutive days within any one month period, without the prior written permission of Landlord.
8. Damage By Casualty
I completely re-wrote the “Damage by Casualty" section of the rental agreement in light of huge uptick in floods and fires that I have seen recently.. I felt that the prior language was not sufficiently clear to allow a Landlord all of the options available to him/her if the rental premises became untenatable due to casualty.
9. No Third-Party Checks Allowed and Ability to Require Future Payments Be Made By Certified Funds
I added language to the “Rent" section of the rental agreement form stating that unless otherwise agreed to by Landlord, all rental payments must be made from Tenant or Co-signer's account and that third-party checks will not be accepted. I also added language explaining that if a Tenant's rent payments is returned due to insufficient funds or for any other reason that a Landlord may require that future rent be paid by certified funds.
It is my hope that these changes will make the Residential Rental Agreement form more up-to date and beneficial to those of you using it. If you are interested in purchasing the new and improved Rental Agreement please contact Wisconsin Legal Blank Co., Inc. at (414) 344-5155, wilegalblank.com or in person at 749 N. 37th Street in Milwaukee
Take Care
T
