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Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Residential Lease Provisions Requiring Departing Tenants to Pay for Carpet Cleaning

 

MADISON — Attorney General J.B. Van Hollen today issued an opinion to Department of Agriculture, Trade and Consumer Protection Secretary Ben Brancel in which Van Hollen concluded that Wisconsin law does not prohibit residential lease provisions that require a departing tenant to pay for routine carpet cleaning. Van Hollen determined that such a provision is not in conflict with a landlord’s statutory duty to maintain the premises “in a reasonable state of repair” under Wis. Stat. 704.07(2). Because routine carpet cleaning is not a statutorily-imposed obligation of a landlord, assigning this responsibility to a tenant through a contractual provision does not render a rental agreement void.

 

A copy of the Attorney General's opinion is available at the following link:

Opinion

 

A copy of the opinion request is available at the following link:

Request

 

Formal and informal opinions issued by Attorney General Van Hollen are available at:

Attorney General Opinions