Milwaukee, WI asked in Landlord - Tenant for Wisconsin

Q: Can a landlord/realty company refuse to rent to someone because of a vacated judgement

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1 Lawyer Answer
Jason Anthony Greller
Jason Anthony Greller
  • Landlord Tenant Lawyer
  • Madison, WI
  • Licensed in Wisconsin

A: It is not discriminatory in Wisconsin for a landlord to refuse to rent to an applicant based on factors that are not protected under federal, state or municipal law, even if the applicant is a member of a protected class. If the judgement is a vacated criminal conviction then the landlord may be violating the law. If the vacated judgement is a civil matter, then the landlord may have the right to refuse to rent to the tenant. Of course the landlord may face liability if this is not a consistent screening item in their application process. Generally, a landlord has the right to obtain and use court records in regard to establishing the credit worthiness of the tenant.

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