Section 125.03. Rental agreement; requirements.

 

(1)  Every rental agreement shall be in writing. A copy of the rental agreement shall be furnished to the tenant at the time the rental agreement is executed. If a manufactured home is purchased from or through the operator, a copy of the rental agreement shall be furnished to the tenant before the tenant signs the manufactured home purchase contract. The rental agreement shall conspicuously set forth all terms and conditions affecting the rental of the site, and shall include:

(a) The amount of rent for each rent paying period and all property, services, and facilities provided by the operator and included in the rent. Except as provided in sub. (5) , the amount of the rent shall be expressed in a dollar amount.

(b) The amount of any security deposit, installation charge, or other charge payable by the tenant under the rental agreement but not included in the rent, including charges for utility services provided through the operator's facilities. If utility service charges are based on the amount of utility service used, the rental agreement shall set forth either the specific rate or the method by which the charges are to be computed.

(c) Rules and regulations shall be included in or attached to the main body of the rental agreement.

(d) The approximate size of the site and its location in the manufactured home community.

(e) The amount of the monthly municipal permit fee assessed by local units of government and payable by the tenant. If the monthly fee is not known, an approximation shall be given.

(em) The amount and due dates of fees assessed by local units of government for waste hauling, recycling, or similar services payable by the tenant. If the amount and due dates are not known, an approximation shall be given.

(f) Notice that the operator reserves the right to screen the purchaser of a tenant's manufactured home before renting a site to the purchaser, subject to s. 710.15 , Stats.

(g) A disclosure as to whether the manufactured home community contains an emergency shelter, and, if the community has an emergency shelter, the location of the emergency shelter and procedures for its use.

(h) A copy of the manufactured home community rules and regulations.

(2)  The initial, and each succeeding rental agreement shall be for a term of no less than one year, unless a shorter term is requested in writing by the tenant and agreed to by the operator. Under any agreement for a rental term of 2 months or more, rental payments shall, at the option of the tenant, be payable in equal monthly installments.

(3)  The operator shall, at the time the rental agreement is entered into, and throughout the term of the rental agreement, make available to the tenant the name, address, and telephone number of a person who may be contacted concerning the maintenance of facilities and services provided by the operator. Such information shall be included in the tenant's copy of the rental agreement or in a separate written notice furnished to the tenant.

(4)  Except as provided in sub. (5) , rent and other charges under the rental agreement may not be increased during the term of the rental agreement. This subsection does not apply to:

(a) Municipal permit fees, recycling fees, waste hauling fees, or other fees assessed by local units of government.

(b) Charges for utility services delivered and billed directly to the tenant by a public utility or other outside source.

(c) Charges for utility services purchased by the operator and delivered and billed to the tenant by the operator but not included in the rent, if the increase is solely to cover an increase in charges to the operator by the supplier of the utility service.

(5)  If the rental agreement is for a period of three years or greater, and all of the following conditions are met, the amount of rent due each rent paying period may be expressed as a formula that includes a base dollar amount and a future adjustment factor tied to the CPI:

(a) The operator offered the tenant the option of entering into a rental agreement that was for a period of less than three years.

(b) The rental agreement specifies the initial amount of rent due for each rent paying period, and that the operator shall provide the tenant with actual dollar amounts of rent due in future rent paying periods as applicable.

(c) If the actual dollar amount of rent due changes under the formula, the operator shall provide the tenant written notice at least 60 calendar days before the new actual dollar amount is due.

History: Cr. Register, May, 1976, No. 245 , eff. 6-1-76; renum. from Ag 125.04 and r. (1) (c), am. (1) (intro.), (b) and (2), renum. (1) (d), (e) and (f) to be (1) (c), (d) and (e) and am. (1) (c), cr. (1) (f), (g) and (4), Register, February, 1987, No. 374 , eff. 3-1-87; CR 13-027 : am. (1) (intro.), (a), (d), (e), cr. (1) (em), am. (1) (f), (g), cr. (1) (h), am. (4) (intro.), (a), cr. (5) Register December 2013 No. 696 , eff. 1-1-14; correction in (1) (g) made under s. 35.17 , Stats., Register December 2013 No. 696 .

Note

Under s. 710.15 (5m) , Stats., an operator may terminate a tenancy if the tenant refuses to sign a rental agreement. Microsoft Windows NT 6.1.7601 Service Pack 1