Renters Insurance Clause
in Your Lease
What it actually means, what Wisconsin law says, what's specific to Milwaukee - and exactly what to do. In plain English.
Quick Summary - What You Need to Know
- Our record of the Wisconsin Statutes chapter 704 sections we read and chapter ATCP 134 finds no requirement that a tenant carry renters insurance and no liability coverage figure.
- § 704.44(6) makes a residential rental agreement "void and unenforceable" if it states the landlord is not liable for property damage or personal injury caused by the landlord's negligent acts or omissions. The tenant's ordinary maintenance obligations under § 704.07 are not affected.
- § 704.44(7) does the same for a lease that makes the tenant liable for personal injury "arising from causes clearly beyond the tenant's control", or for property damage caused by natural disasters or by persons other than the tenant or the tenant's guests or invitees.
- For damage the tenant causes, § 704.07(3)(a) makes the tenant reimburse the reasonable cost of the landlord's repair, and § 704.28(1)(a) lets the landlord withhold it from the deposit. § 704.28(3) bars withholding for normal wear and tear.
- The Milwaukee code chapters we opened set no renters insurance requirement. The one insurance minimum in them is for animals: § 78-23-7 requires the owner or caretaker of a dangerous animal to show liability insurance of not less than $1,000,000.
Understanding the Renters Insurance Clause
Two questions hide in a renters insurance clause: must you buy a policy, and who answers when the unit or a person is hurt. Wisconsin's statute is written about the second.
The chapter 704 sections and chapter ATCP 134 we read do not mention renters insurance or a coverage limit, which leaves the lease as the document that names any amount. Their rule is about blame.
Under Wis. Stat. § 704.44(6), a lease stating that the landlord is not liable for damage or injury caused by its own negligence makes the whole agreement "void and unenforceable".
Milwaukee's code, in the chapters we opened, has no tenant insurance rule either. Our copies of the state sections are archived pages of the Legislature's site, so check the current text on docs.legis.wisconsin.gov before relying on it.
What renters assume
Once the lease makes you insure your belongings, a line saying the landlord is not responsible for your property settles who pays, whatever caused the damage.
What is actually true
§ 704.44(6) makes a residential rental agreement "void and unenforceable" if it "States that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord." § 704.44(7) also voids a lease that makes you liable for property damage caused by natural disasters or by persons other than you or your guests or invitees. A policy on your possessions does not change either rule.
Twenty-two rows sit in the comparison further down this page, split evenly. Eleven are drawn at $100,000. The eleven with no bar are Philadelphia, Boston, Las Vegas, Washington, Columbus, Newark, Detroit, Charlotte, Baltimore, Minneapolis and Milwaukee, whose row reads No figure; waiver voids lease.
Two of those empty rows also name a rule about liability language: Washington's label points to liability waivers and Baltimore's to indemnity clauses. Of the eleven drawn rows, nine are labelled typical, Los Angeles is labelled statutory under Cal. Civ. Code § 1940.5, and Portland is labelled a cap under ORS 90.222.
Wisconsin's rule measures no coverage at all, and its consequence in § 704.44, a whole agreement void, has no place on an axis drawn in dollars.
Plain English Version
The Wisconsin sections we read do not make you buy renters insurance or set an amount, which leaves your Milwaukee lease as the place any figure is written. The state's rule is about blame.
A lease cannot excuse the landlord from its own negligence, and it cannot make you pay for injuries clearly beyond your control or for damage from storms or strangers. A lease that tries is void as a whole.
Damage you do cause is yours to repay at a reasonable cost, and it can come out of your deposit.
Renters Insurance Clause Example - What the Wording Looks Like in Milwaukee, WI
The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.
Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.
THE INSURANCE IS TO PROVIDE PROTECTION FOR YOUR PERSONAL POSSESSIONS. CHATHAM HILLS APARTMENTS IS NOT RESPONSIBLE FOR YOUR PROPERTY IN CASE OF AN ACCIDENT.
Quoted from the published opinion in Whitledge v. Klein, 348 Ill. App. 3d 1059 (Ill. App. Ct. 4th Dist. 2004). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.
“INSURANCE IS TO PROVIDE PROTECTION”
The demand to buy a policy comes from the lease, not from Wisconsin's landlord-tenant text. Our record of the chapter 704 sections we read and chapter ATCP 134 finds no mention of renters insurance, tenant liability insurance or a coverage limit, which leaves this paragraph as the document that sets what you must carry.
“PERSONAL POSSESSIONS”
A policy on your belongings answers for your belongings. In the Wisconsin sections we read, damage you do to the unit runs through two other rules instead. Under § 704.07(3)(a), if the premises are damaged “due to the acts or inaction of the tenant” and the landlord does the repair, “the tenant must reimburse the landlord for the reasonable cost thereof”.
“APARTMENTS IS NOT RESPONSIBLE FOR YOUR PROPERTY”
This is the sentence to read beside § 704.44(6). That subsection makes a residential rental agreement “void and unenforceable” if it “States that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord.” The sentence does not mention negligence, so whether it reaches the landlord's own negligence is the question. If it does, the Wisconsin consequence lands on the whole agreement.
“AN ACCIDENT”
An accident can be your fault, the landlord's, or no one's. Wisconsin draws its line on the third kind too. § 704.44(7) voids an agreement that “Imposes liability on a tenant” for “Personal injury arising from causes clearly beyond the tenant's control” or for “Property damage caused by natural disasters or by persons other than the tenant or the tenant's guests or invitees.” ATCP 134.08(7) repeats it.
The endorsement did not stop the tenants' lawsuit. Answering certified questions, the Illinois Appellate Court held that section 1 of the Illinois Landlord and Tenant Act (765 ILCS 705/1) voids not only exculpatory lease clauses but also, “by clear and necessary implication,” lease language that shifts the landlord's own negligence onto the tenant through a required renters-insurance or indemnity arrangement. The court's reason is the sentence to remember: “an indemnity clause in a lease has the same effect as a lease exculpatory clause: the landlord does not pay.” So the renters-insurance endorsement did not require dismissal of the tenants' fire-damage negligence suit, and the tenants' insurers, standing in the tenants' shoes, got the same statutory protection the tenants had. For a renter the point is narrow and useful: being made to buy a policy is one thing, and being made to buy the landlord's way out of its own negligence is another.
One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.
Wisconsin Law on Renters Insurance Clause
- A lease that excuses the landlord's own negligence is void as a whole. Wis. Stat. § 704.44 opens "Notwithstanding s. 704.02, a residential rental agreement is void and unenforceable if it does any of the following", and § 704.44(6) lists a lease that "States that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord." That subsection "does not affect ordinary maintenance obligations of a tenant under s. 704.07 or assumed by a tenant under a rental agreement or other written agreement between the landlord and the tenant."
- The same section limits what a lease can push onto the tenant. Section 704.44(7) voids a residential rental agreement that "Imposes liability on a tenant" for "Personal injury arising from causes clearly beyond the tenant's control" or for "Property damage caused by natural disasters or by persons other than the tenant or the tenant's guests or invitees." ATCP 134.08(6) and (7) repeat both rules in the administrative code, and Wis. Stat. § 704.95 says practices in violation of § 704.44 "may also constitute unfair methods of competition or unfair trade practices under s. 100.20".
- What answers for tenant-caused damage in the sections we read is the tenant's own duty and the deposit, not a policy. Wis. Stat. § 704.07(3)(a) says that if the premises are damaged "due to the acts or inaction of the tenant", the landlord may let the tenant repair it or do the work itself, "and in such case the tenant must reimburse the landlord for the reasonable cost thereof". Section 704.28(1)(a) lets a landlord withhold from the security deposit for "tenant damage, waste, or neglect of the premises", and § 704.28(3) bars withholding "for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible under applicable law."
- Our record names no coverage amount and no rule on who chooses the carrier. The chapter 704 sections we read and chapter ATCP 134 do not mention renters insurance, tenant liability insurance or a coverage limit. ATCP 134.09(9)(a) separately bars a landlord, to induce a rental, from failing to disclose, with any representation of rent amount, "the existence of any non-rent charges which will increase the total amount payable by the tenant during tenancy."
Sources include Wis. Stat. § 704.44(6); Wis. Stat. § 704.44(7); Wis. Admin. Code ATCP § 134.08(6), (7); Wis. Stat. § 704.07(3)(a); Wis. Stat. § 704.28(1)(a); Wis. Stat. § 704.28(3); Wis. Stat. § 704.95; Wis. Stat. § 66.0104(2)(c); Milwaukee Code of Ordinances § 78-23 - statutes change; verify the current text for your situation.
Our record of the chapter 704 sections we read and chapter ATCP 134 finds no requirement that a tenant carry renters insurance, no tenant liability insurance rule and no coverage limit. Where a Milwaukee lease demands a policy, the lease itself is where that demand and its amount are written.
The rule we found is about liability language, and it is in Wis. Stat. § 704.44. The section opens: "Notwithstanding s. 704.02, a residential rental agreement is void and unenforceable if it does any of the following".
The first item on that list is a waiver of the landlord's negligence. § 704.44(6) covers a lease that "States that the landlord is not liable for property damage or personal injury caused by negligent acts or omissions of the landlord." The subsection "does not affect ordinary maintenance obligations of a tenant under s. 704.07" or obligations the tenant assumed in writing.
The second runs the other way. § 704.44(7) voids an agreement that "Imposes liability on a tenant" for "Personal injury arising from causes clearly beyond the tenant's control" or for "Property damage caused by natural disasters or by persons other than the tenant or the tenant's guests or invitees." ATCP 134.08(6) and (7) repeat both rules.
Note the consequence: what the section makes void and unenforceable is the residential rental agreement itself. § 704.95 adds that practices in violation of § 704.44 "may also constitute unfair methods of competition or unfair trade practices under s. 100.20".
Damage you cause has its own route. Under § 704.07(3)(a), if the premises are damaged "due to the acts or inaction of the tenant", the landlord may let you repair it or do the work, "and in such case the tenant must reimburse the landlord for the reasonable cost thereof".
The deposit follows the same line. § 704.28(1)(a) allows withholding for "tenant damage, waste, or neglect of the premises", and § 704.28(3) bars withholding "for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible under applicable law."
Any charge for coverage has to be disclosed. ATCP 134.09(9)(a) bars failing to disclose, with any representation of rent amount, "the existence of any non-rent charges which will increase the total amount payable by the tenant during tenancy." Read § 704.44 as it stands today on docs.legis.wisconsin.gov.
Wisconsin Tenant Protections
Our record of the Wisconsin Statutes chapter 704 sections we read and chapter ATCP 134 of the Wisconsin Administrative Code finds no requirement that a tenant carry renters insurance and no liability coverage figure. Wis. Stat. § 704.44 makes a residential rental agreement void and unenforceable if it does any of the listed things.
Under § 704.44(6), one of them is stating that the landlord is not liable for property damage or personal injury caused by the landlord's negligent acts or omissions, without affecting the tenant's ordinary maintenance obligations under § 704.07. Under § 704.44(7), another is imposing liability on a tenant for personal injury arising from causes clearly beyond the tenant's control, or for property damage caused by natural disasters or by persons other than the tenant or the tenant's guests or invitees.
ATCP 134.08(6) and (7) repeat both rules, and § 704.95 says practices in violation of § 704.44 may also constitute unfair trade practices under § 100.20. Under § 704.07(3)(a), where the premises are damaged due to the acts or inaction of the tenant, the tenant must reimburse the landlord for the reasonable cost of a repair the landlord undertakes.
Section 704.28(1)(a) allows withholding from the security deposit for tenant damage, waste or neglect, and § 704.28(3) bars withholding for normal wear and tear.
ATCP 134.09(9)(a) bars failing to disclose non-rent charges that will increase the total payable during the tenancy. In Milwaukee, the code chapters we opened set no renters insurance requirement, and § 78-23-7 requires the owner or caretaker of a dangerous animal to show liability insurance of not less than $1,000,000.
What's Specific to Milwaukee
Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.
On renters insurance, Milwaukee's ordinances add little to the state layer. Our record of the Milwaukee Code of Ordinances chapters we opened finds no renters insurance requirement for tenants.
Those are Chapter 200 Subchapter 3 (Enforcement, including § 200-20 Landlord-Tenant Regulations), Chapter 275 (Building Maintenance) and Chapter 78 (Animals).
A text search of the Chapter 200 Subchapter 3 and Chapter 275 copies for "insurance" found one passage. It is the definition of a mortgage servicing company in § 200-22.5, and it says nothing about tenants.
The one insurance minimum in that material is for animals, not tenancies. § 78-23-7 requires the owner or caretaker of a dangerous animal to show proof of liability insurance "in an amount not less than $1,000,000 for any personal injuries inflicted by the dangerous animal." If a lease cites a city insurance figure for an ordinary tenancy, ask which section it relies on.
A state statute speaks to what a city may do on damage. Wis. Stat. § 66.0104(2)(c) bars a city from enacting an ordinance that limits "a residential tenant's responsibility, or a residential landlord's right to recover, for any damage or waste to, or neglect of, the premises that occurs during the tenant's occupancy".
We take no position on how it would apply to any Milwaukee section.
The rules a Milwaukee renter works with come from the state sections we read. The void-lease rules sit in § 704.44(6) and (7), the reasonable-cost rule for damage you cause in § 704.07(3)(a), and the deposit limits in § 704.28.
Read the insurance clause as two parts. The amount is a lease term to compare with the quotes you get; every sentence about who is liable for what is the part to set beside § 704.44.
The dates on the Milwaukee text matter. The city's site did not answer us, so we read archived copies of the city clerk's chapter PDFs.
Chapter 200 Subchapter 3 was captured July 25, 2026, with pages dated up to December 17, 2024, and Chapter 275 on March 18, 2025, with pages dated up to February 11, 2020.
Chapter 78 was captured September 18, 2026, with pages dated up to July 14, 2026. Check the current Milwaukee code yourself, since a later ordinance would not be in these copies.
Our record of the Wisconsin sections finds no coverage figure, which leaves the lease as the document that sets the number. If the clause says the law requires it, ask which section.
§ 704.44(6) makes a residential rental agreement "void and unenforceable" if it says the landlord is not liable for property damage or personal injury caused by the landlord's negligent acts or omissions.
§ 704.44(7) voids an agreement imposing liability on a tenant for property damage caused by natural disasters or by persons other than the tenant or the tenant's guests or invitees.
ATCP 134.09(9)(a) bars failing to disclose "the existence of any non-rent charges which will increase the total amount payable by the tenant during tenancy."
Sources
The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.
- Wis. Stat. § 704.44(6); Wis. Stat. § 704.44(7); Wis. Admin. Code ATCP § 134.08(6), (7); Wis. Stat. § 704.07(3)(a); Wis. Stat. § 704.28(1)(a); Wis. Stat. § 704.28(3); Wis. Stat. § 704.95; Wis. Stat. § 66.0104(2)(c); Milwaukee Code of Ordinances § 78-23, read on web.archive.org. Read as an archived copy, dated September 18, 2026, of the Wisconsin Legislature's chapter 704 page that carries § 704.44, which marks the 2023-24 statutes updated through 2025 Wis. Act 247 and published September 4, 2026, with the section's history ending at 2013 Wis. Act 76; the Legislature's site did not answer our build machine, so confirm the current text before relying on it.
Red Flags to Watch Out For
-
A required amount said to be the law
Our record of the chapter 704 sections and ATCP 134 finds no coverage figure. A clause presenting its number as a legal minimum should point to the section, and you can read it yourself.
-
The landlord excused from its own negligence
§ 704.44(6) makes the whole residential rental agreement void and unenforceable if it says the landlord is not liable for damage or injury caused by its negligent acts or omissions.
-
Liability for storms or strangers
§ 704.44(7) voids an agreement that makes the tenant liable for property damage caused by natural disasters or by persons other than the tenant or the tenant's guests or invitees.
-
An insurance charge first mentioned after signing
ATCP 134.09(9)(a) bars failing to disclose non-rent charges that will increase the total payable during the tenancy. Ask for every charge in writing before you sign.
-
A Milwaukee insurance rule cited for a lease
The one insurance minimum in the Milwaukee chapters we opened is the $1,000,000 in § 78-23-7, for the owner or caretaker of a dangerous animal. It is not a tenancy rule.
Your Rights as a Milwaukee Tenant
-
A lease without a negligence waiver
§ 704.44(6) makes a residential rental agreement void and unenforceable if it excuses the landlord's negligent acts or omissions causing property damage or personal injury.
-
No liability beyond your control
§ 704.44(7) voids a lease that makes you liable for personal injury "arising from causes clearly beyond the tenant's control".
-
A reasonable cost for damage you cause
Under § 704.07(3)(a), where the landlord repairs damage due to the tenant's acts or inaction, the tenant reimburses "the reasonable cost thereof".
-
No deposit charge for wear and tear
§ 704.28(3) bars withholding "for normal wear and tear", or for damages or losses for which the tenant cannot reasonably be held responsible.
What To Do - Step by Step
Note what the clause asks you to buy
Write down the coverage type and amount, and whether the clause calls it a legal requirement. Our record of the Wisconsin sections finds no figure, so ask which section any such claim rests on.
Read every liability sentence beside § 704.44
Mark any line excusing the landlord's negligence, or making you liable for natural disasters or other people's damage. § 704.44(6) and (7) void a residential rental agreement that does either.
Ask about every charge before you sign
ATCP 134.09(9)(a) bars failing to disclose non-rent charges that increase the total payable. Get any insurance-related charge in writing with the lease.
File the policy with your lease
Keep the declarations page of the policy you buy beside your copy of the lease. It lists what the policy covers, the first thing to check when something is damaged.
Ask for the cost of any repair in writing
If the landlord repairs damage you caused, § 704.07(3)(a) makes you reimburse "the reasonable cost thereof". Ask for the invoice before you pay.
Name the section in writing
Point to the clause and to § 704.44, and note that § 704.95 ties a violation to § 100.20. A tenant legal aid office can look at the lease with you if the landlord does not answer.