Wisconsin Roommate Agreement
The Wisconsin rules that shape the document: the Section 704.09(1) transfer default, no lodger law, the security deposit gap, and Madison's broader roommate exemption.
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Introduction
A roommate agreement is a private contract between the co-tenants who share a rental unit in Wisconsin. It is not a lease, and it does not bind the landlord or change what the lease says. In Wisconsin, a few state rules sit on top of the national template: Wis. Stat. 704.09(1) lets a co-tenant's interest, including adding or replacing a roommate, transfer by default on a fixed lease of a year or more unless the lease itself restricts it, while a month-to-month or at-will tenancy requires the landlord's consent; Wisconsin has no lodger law and no statute letting one roommate remove another, so removal always runs through the landlord; and no statute sets a default for rent liability or splitting a security deposit among roommates, leaving both to this agreement. Wisconsin's fair housing exemption for choosing a roommate is also narrower than many readers expect, capped at 5 people in the unit, and Madison's local ordinance changes that picture further inside city limits.
Key Things to Know
- 1
Wisconsin has no lodger statute and no statute letting one co-tenant remove another. Only the landlord can terminate a tenancy, under Wis. Stat. 704.17, 704.19, and 704.23, so removing an unwanted roommate always runs through the landlord, never through this agreement alone.
- 2
Wis. Stat. 704.09(1) is more permissive than many readers expect for a fixed lease of a year or more: a co-tenant's interest, including adding or replacing a roommate, may transfer by default unless the lease itself expressly restricts it. A month-to-month or tenancy-at-will arrangement is different and requires the landlord's consent.
- 3
No Wisconsin statute gives a tenant an affirmative right to add a roommate over the landlord's objection, unlike New York's Roommate Law. Section 704.09(1) runs the other direction, letting the lease restrict transfers.
- 4
No Wisconsin statute sets a default joint-and-several rent liability rule among roommates. The lease controls what the landlord can collect, so this agreement should state each roommate's share explicitly rather than assume a state default fills the gap.
- 5
No Wisconsin statute addresses how departing roommates split a security deposit refund. Wis. Admin. Code ATCP 134.06(2) only sets the landlord's 21-day return-timing obligation to the tenant, not how co-tenants divide it among themselves.
- 6
Wisconsin's Open Housing Law exempts a person's choice of roommate to share a dwelling unit, but only while that unit houses 5 or fewer people (Wis. Stat. 106.50(5m)(em)1.). Unlike the federal Fair Housing Act, Wisconsin law affirmatively covers owner-occupied single-family homes rather than exempting them.
- 7
A roommate-wanted ad in Wisconsin generally may not state a preference for a protected class, but it may specify a same-sex roommate (Wis. Stat. 106.50(5m)(em)2.). Madison's local ordinance drops the 5-person cap entirely and adds protected classes state law does not reach.
Key decisions before you file
Before you file a Roommate Agreement in Wisconsin, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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Wisconsin Requirements for Roommate Agreement
Wisconsin has no lodger statute and no statute letting one co-tenant remove another. Only the landlord may terminate a tenancy and remove a tenant under Wis. Stat. 704.17, 704.19, and 704.23. The agreement should not suggest any self-help removal right between roommates.
For a fixed lease of a year or more, Wis. Stat. 704.09(1) allows a co-tenant's interest, including adding or replacing a roommate, to transfer by default unless the lease itself restricts it. A month-to-month or tenancy-at-will arrangement instead requires the landlord's consent. Flag which type of tenancy applies.
No Wisconsin statute sets a default rule on joint-and-several liability for rent among roommates. Draft the payment clause to state each roommate's share explicitly rather than relying on an assumed Wisconsin default.
Wis. Admin. Code ATCP 134.06(2) governs only the landlord's 21-day deposit-return timing to the tenant, with no rule dividing a shared deposit among roommates. The agreement should set out how a shared deposit is divided when a roommate moves out.
Wis. Stat. 106.50(5m)(em)1. exempts a person's choice of roommate from the state's Open Housing Law only while the shared unit houses 5 or fewer people, and separately allows a same-sex roommate preference in advertising under 106.50(5m)(em)2. State-added protected classes include sexual orientation, marital status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, and ancestry.
Madison Gen. Ord. 39.03(4)(e) exempts a person's roommate choice without the state's 5-person cap and protects additional classes, including physical appearance, political beliefs, student status, domestic partnership status, and gender identity, that state law does not reach. Flag this as a Madison-only rule.
Frequently Asked Questions
It is a private contract between co-tenants who share a rental unit in Wisconsin. It covers rent splitting, chores, guests, and house rules, and addresses gaps Wisconsin statutes leave open, like dividing a security deposit. It is separate from the lease and does not involve the landlord.
No. A Wisconsin roommate agreement is a contract between the roommates only. It does not modify the lease, does not add anyone to the lease, and does not obligate the landlord to accept or recognize a roommate. Whether a new roommate may move in is governed by the lease and Wis. Stat. 704.09(1).
No. Wisconsin has no lodger law and no statute letting one roommate remove another. Chapter 704 gives that power only to the landlord, through the termination and eviction procedures in Wis. Stat. 704.17, 704.19, and 704.23. Self-help removal by another roommate is not authorized.
It depends on the lease. Under Wis. Stat. 704.09(1), a fixed lease of a year or more allows a co-tenant's interest to transfer, including adding a roommate, by default unless the lease itself restricts it. A month-to-month or tenancy-at-will arrangement is different and does require the landlord's consent.
No Wisconsin statute sets a default rule on this. Whether roommates owe the full rent or only a share depends on the lease itself. Because Wisconsin law does not fill this gap, the roommate agreement should state each person's payment share and responsibility explicitly.
Wisconsin law does not say. Wis. Admin. Code ATCP 134.06(2) only requires the landlord to return the deposit to the tenant within 21 days of move-out; it has no rule for dividing that refund among multiple roommates. The roommate agreement is what governs the split.
Within limits. Wis. Stat. 106.50(5m)(em)1. exempts a person's choice of roommate from the state's Open Housing Law, but only while the shared unit houses 5 or fewer people. Once more than 5 people live there, the exemption no longer applies and the usual protected-class rules govern.
Yes. Wisconsin generally bars a roommate ad from stating a preference based on a protected class, but Wis. Stat. 106.50(5m)(em)2. specifically allows an ad to specify a roommate of the same sex as the person placing it.
Yes. Madison Gen. Ord. 39.03(4)(e) exempts a person's roommate choice without the state's 5-person cap, and the ordinance protects additional classes state law does not reach, including physical appearance, political beliefs, student status, domestic partnership status, and gender identity. This applies only inside Madison.