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Wisconsin Sublease Agreement

A Wisconsin sublease agreement is a contract whereby a tenant (sublessor) rents their residence, or a portion of it, to another individual (sublessee). Such an arrangement can be beneficial in cases where the sublessor needs a roommate or simply wishes to move out before the end of their lease.
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Right to Sublet

Wisconsin state law prohibits a tenant with a lease of less than one year from subletting without the agreement of their landlord. Tenants with a lease of one year or more may sublet, provided the lease does not expressly restrict doing so.[1] It is important, therefore, that a tenant understands the terms of their lease before subletting.

When a landlord’s permission to sublease is necessary, consider using a Landlord Consent Form.

Short-Term (Lodgings) Tax

In Wisconsin, for tax purposes, a short-term rental is defined as a residential dwelling that is offered for rent, for a fee, for fewer than 30 consecutive days. State sales tax and several local or municipal taxes apply to the revenues generated from short-term rental activity.

Wisconsin short-term rental taxes:[2]

  • 5% state sales tax[3]
  • County sales and use tax (varies by county)
  • Premiere resort area tax (as applicable)
  • Local exposition tax (as applicable)
  • Municipal room tax (varies by municipality)