Commercial Lease Laws in Wisconsin
Don't sign a lease in Wisconsin until you understand the local statutes, tax implications, and common landlord traps.
Key Statutes & Considerations
WI commercial leases often impose 150%β200% holdover rent. Negotiate reasonable holdover terms and carve-outs for delays caused by the landlord or permitting.
Clarify snow removal and winter maintenance responsibilities. Exclude capital replacements from CAM and cap management/administrative fees.
Common Red Flags in Wisconsin
Commercial real estate in Wisconsin typically favors the landlord in standard lease drafts. Whether you are in Madison or elsewhere, you need to watch out for:
- Uncapped NNN Charges: Variable costs like property taxes and insurance can skyrocket.
- Broad Indemnification: Clauses that require you to pay for the landlord's negligence.
- Relocation Clauses: Rights for the landlord to move your business to a worse location.
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Frequently Asked Questions
Is a Triple Net (NNN) lease legal in Wisconsin?
Yes, NNN leases are the industry standard for commercial retail and office space in Wisconsin. They shift the burden of property taxes, insurance, and maintenance to the tenant.
Can I negotiate my commercial lease in Wisconsin?
Absolutely. Unlike residential leases, commercial leases are presumed to be negotiated between equal parties. Never sign the first draft.
