Cal. Civ. Code § ATCP 134.08

Prohibited rental agreement provisions — rental agreement that contains certain provisions is void.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/15/2026WisconsinProhibited Clauses

Operative Text

Cal. Civ. Code § ATCP 134.08
ATCP 134.08 Prohibited rental agreement provisions — rental agreement that contains certain provisions is void. Notwithstanding s. 704.02, Stats., a rental agreement is void and unenforceable if it does any of the following:
(1) Allows a landlord to do any of the following because a tenant has contacted an entity for law enforcement services, health services, or safety services:
(a) Increase rent.
(b) Decrease services.
(c) Bring an action for possession of the premises.
(d) Refuse to renew a rental agreement.
(e) Threaten to take any action under pars. (a) to (d).
(2) Authorizes the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under ch. 799, Stats.
(3) Provides for an acceleration of rent payments in the event of tenant default or breach of obligations under the rental agreement, or otherwise waives the landlord’s obligation to mitigate damages as provided under s. 704.29, Stats.
(4) Requires payment by the tenant of attorney fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement. This subsection does not prevent a landlord or tenant from recovering costs or attorney fees under a court order under ch. 799 or 814, Stats.
(5) Authorizes the landlord or an agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement.
(6) States that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord. This subsection does not affect ordinary maintenance obligations of a tenant under s. 704.07, Stats., or of a tenant under a rental agreement or other written agreement between the landlord and the tenant.
(7) Imposes liability on a tenant for any of the following:
(a) Personal injury arising from causes clearly beyond the tenant’s control.
(b) Property damage caused by natural disasters, or by persons other than the tenant or the tenant’s guests or invitees. This paragraph does not affect ordinary maintenance obligations of a tenant under s. 704.07, Stats., or of a tenant under a rental agreement or other written agreement between the landlord and the tenant.
(8) Waives any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition, or to maintain the premises during the tenant’s tenancy.
(9) Allows the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property if the tenant, or someone who lawfully resides with the tenant, is a victim, as defined in s. 950.02 (4), Stats., of that crime.
(10) Allows the landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the notice required under s. 704.14, Stats.
Source: Legislative text reproduced verbatim
Plain English

Wisconsin Admin. Code § ATCP 134.08 renders any rental agreement void and unenforceable if it contains certain prohibited clauses. These include provisions that allow retaliation against tenants who contact emergency or health services, permit non-judicial evictions, accelerate rent upon default, require tenants to pay the landlord's attorney fees, allow confessions of judgment, waive the landlord's liability for negligence, shift liability for disasters or third-party harm to tenants, waive habitability obligations, or allow termination solely because a tenant or household member was a crime victim.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 15, 2026

Plain English — not legal advice.

For Property Managers

Under § ATCP 134.08, Wisconsin property owners and managers should ensure their lease templates are reviewed to exclude any of the ten categories of prohibited clauses. A compliant operator avoids provisions that retaliate against tenants for contacting emergency services, bypass judicial eviction procedures, accelerate rent on default, or waive the landlord's duty to maintain habitable premises. Operators also ensure leases do not shift liability for natural disasters or third-party injuries onto tenants, and that crime-victim protections required by statute are honored.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

§ ATCP 134.08 gives Wisconsin tenants the right to have prohibited lease clauses treated as void and unenforceable, even if they signed the agreement. If a lease contains provisions such as retaliation clauses, non-judicial eviction terms, or waivers of habitability, tenants may raise the unenforceability of those clauses as a defense in a legal proceeding. Tenants can also contact a local tenant-rights organization or the Wisconsin Department of Agriculture, Trade and Consumer Protection for information about filing a complaint.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 15, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Wis. Stat. ch. 799
Not yet ingested
Wis. Stat. § 950.02
Not yet ingested

References In

Rules and statutes that cite this regulation

Wis. Admin. Code § ATCP 134.05
Wis. Admin. Code § ATCP 134.05

Related Rules

§ 28
Waivers of Secs. 23 to 27 void and unenforceable
§ 966.6
§ 966.6 Prohibited lease provisions.
§ 12
Stay of proceedings; validity of waiver in lease

Source Information

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