Stays of more than 30 consecutive days at a Madison dwelling generally fall outside the tourist rooming house definition and instead trigger landlord-tenant law. Hosts switch from short-term licensing duties to standard residential rental obligations and Wis. Stat. Ch. 704.
Madison Sec. 28.131 defines tourist rooming house occupancy in transient terms. Once a guest stays more than 30 consecutive days, the relationship becomes a residential tenancy regulated by Wis. Stat. Ch. 704 and ATCP 134, the Wisconsin landlord-tenant rule. Hosts then owe written rental disclosures, security deposit limits, and habitability duties. Wisconsin Act 76 (2018) preempts most heightened local landlord rules, so Madison cannot impose extra terms specific to long-stay home-shares. Hosts should document the change in status to avoid mixing licensing rules with tenancy rules.
Treating an extended occupant as a transient guest may invalidate eviction rights, expose the host to ATCP 134 penalties, and generate City Building Inspection complaints.
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