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.
Find out where you stand in Wisconsin
DocDraft provides document preparation, not legal advice.
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.
Open the Roommate Agreement guideCustomize your Roommate Agreement Template with DocDraft
Wisconsin Requirements for Roommate Agreement
Wisconsin Has No Lodger Law; Removal Requires the Landlord
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.
Wisconsin Section 704.09(1) Transfer Default
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.
Wisconsin Has No Default Rule on Joint Rent Liability
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.
Wisconsin Has No Statutory Deposit-Splitting Rule
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.
Wisconsin Roommate-Selection Exemption Capped at 5 People
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 Roommate Exemption Overlay
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.