By Tristan R. Pettit, Esq.

A new and updated version of the Nonstandard Rental Provisions (NSRP) form that I draft is available for purchase at Wisconsin Legal Blank.

The need for the revisions were due to conversations that I had with the State (namely the Attorney General's Office) while defending a client of mine during a Civil Investigative Demand (CID). During our conversations, the AG's office informed me that it was their opinion that a NSRP cannot state that a landlord can deduct from a tenant's security deposit both a fee (set by the landlord) and the actual costs incurred by the landlord.

It is the AG's opinion that a landlord can only deduct from a tenant's security deposit for the actual costs incurred by the landlord.

I am not aware of any law, rule, or caselaw that sets forth the AG's view regarding this, however I certainly do not want any of you that purchased a form that I drafted, to be investigated by the State. So I have errored on the side of caution.

As such, the revised NSRP form (dated 4/11/23) excludes any reference to a fee (except for a late fee) and instead states that the landlord can deduct its actual costs incurred as a result of the tenant's failure to properly perform the listed requirements.

Did you like this article? Read more on Tristan’s Landlord-Tenant Law Blog.