Cal. Civ. Code § ATCP 134.02

Definitions.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/15/2026WisconsinLease Requirements

Operative Text

Cal. Civ. Code § ATCP 134.02
ATCP 134.02 Definitions.
(1) “Building and housing codes” means laws, ordinances, or governmental regulations concerning the construction, maintenance, habitability, operation, occupancy, use or appearance of any premises or dwelling unit.
(1m) “Consumer credit report” has the meaning given for “consumer report” in 15 USC 1681a(d).
(1r) “Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis” has the meaning given in 15 USC 1681a(p), and includes the agency’s contract affiliates.
(2) “Dwelling unit” means a structure or that part of a structure that is primarily used as a home, residence, or place of abode. The term includes a manufactured home as defined in s. ATCP 125.01 (1s) or site as defined in s. ATCP 125.01 (7).
(3) “Earnest money deposit” means the total of any payments or deposits, however denominated or described, given by a prospective tenant to a landlord in return for the option of entering into a rental agreement in the future, or for having a rental agreement considered by a landlord. “Earnest money deposit” does not include a fee which a landlord charges for a credit check in compliance with s. ATCP 134.05 (3).
(5) “Landlord” means the owner or lessor of a dwelling unit under any rental agreement, and any agent acting on the owner’s or lessor’s behalf. The term includes sublessors, other than persons subleasing individual units occupied by them.
(6) “Lease” means a lease as defined in s. 704.01 (1), Stats.
(7) “Owner” means one or more persons, jointly or severally, vested with all or part of the legal title to the premises or all or part of the beneficial ownership and right to present use and enjoyment of the premises. The term includes a mortgagee in possession.
(8) “Person” means an individual, partnership, corporation, association, estate, trust, and any other legal or business entity.
(9) “Premises” means the property covered by the lease, including not only the realty and fixtures, but also any personal property furnished with the realty.
(10) “Rental agreement” means an oral or written agreement between a landlord and tenant, for the rental or lease of a specific dwelling unit or premises, in which the landlord and tenant agree on the essential terms of the tenancy, such as rent. “Rental agreement” includes a lease. “Rental agreement” does not include an agreement to enter into a rental agreement in the future.
(11) “Security deposit” means the total of all payments and deposits given by a tenant to the landlord as security for the performance of the tenant’s obligations, and includes all rent payments in excess of 1 month’s prepaid rent.
(12) “Tenant” means a person occupying, or entitled to present or future occupancy of a dwelling unit under a rental agreement, and includes persons occupying dwelling units under periodic tenancies and tenancies at will. The term applies to persons holding over after termination of tenancy until removed from the dwelling unit by sheriff’s execution of a judicial writ of restitution issued under s. 799.44, Stats. It also applies to persons entitled to the return of a security deposit, or an accounting for the security deposit.
(13) “Tenancy” means occupancy, or a right to present occupancy under a rental agreement, and includes periodic tenancies and tenancies at will. The term does not include the occupancy of a dwelling unit without consent of the landlord after expiration of a lease or termination of tenancy under ch. 704, Stats.
(14) “Tourist or transient occupants” means tourists or other persons who occupy a dwelling unit for less than 60 days while traveling away from their permanent place of residence.
Source: Legislative text reproduced verbatim
Plain English

Wis. Admin. Code § ATCP 134.02 establishes the foundational vocabulary used throughout Wisconsin's residential tenancy regulations. It defines key terms such as "dwelling unit," "landlord," "tenant," "rental agreement," "security deposit," and "earnest money deposit," among others, giving each a specific legal meaning that governs how the rest of ATCP 134 is interpreted and applied. For example, the definition of "security deposit" expressly includes rent payments exceeding one month's prepaid rent, and "tenant" status can extend even to individuals holding over after a tenancy ends until a court-ordered removal is carried out.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Wisconsin rental law should be familiar with the precise definitions set out in Wis. Admin. Code § ATCP 134.02, because these terms shape obligations throughout the entire ATCP 134 framework. For instance, the broad definition of "landlord" encompasses agents acting on an owner's behalf, meaning property managers are generally subject to the same duties as the owner. Compliant operators typically ensure that any payments collected from prospective tenants—regardless of what those payments are called—are evaluated against the "earnest money deposit" definition to determine whether specific rules apply.

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

For Tenants

Wis. Admin. Code § ATCP 134.02 provides the definitional foundation that determines who qualifies as a "tenant" and what counts as a "security deposit" or "rental agreement" under Wisconsin's tenant-protection rules. Notably, the definition of "security deposit" includes prepaid rent beyond one month, which means those funds may be subject to the same protections as a traditional deposit. Tenants who believe a landlord has mischaracterized a payment or misapplied a defined term can explore options such as contacting a local tenant-rights organization or filing a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection, which administers ATCP 134.

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
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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

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

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

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