Since people are thinking about elections today (If you’re not, you should be! Don’t forget to vote!) I thought I’d post some information about when and where a tenant and when a landlord can post yard signs.
First, the relevant sections of the law:
12.04 (4)(2)
Except as provided in ss. 12.03 or 12.035 or as restricted under sub (40, an individual may place a sign containing a political message upon residential property owned or occupied by that individual during an election campaign period.12.04(5)
(a) The renter of a residential property may exercise the same right as the owner to place a sign upon the property under sub (2) in any are of the property occupied exclusively by the renter. The terms of a lease or other agreement under which residential property is occupied shall control in determining whether property is occupied exclusively by a renter.
(b) The owner of a residential property may exercise the right granted under sub. (2) in any portion of the property not occupied exclusively by the renter.
So, here’s the Q & A from the Tenant Resource Center on the matter:
Q: I am a tenant in a multi-unit building. Can I have a political yard sign for a candidate anywhere I want?
A: You can place a sign anywhere you want as long as it is in an area that is exclusively occupied by you, such as your front window or balcony or a patio that is exclusively yours. Check your rental agreement to determine what areas are exclusively yours if there is any doubt. For Common Areas (areas where the landlord maintains possession), such as the front lawn of a multi-unit building, the landlord may choose to restrict tenants’ ability to place signs there and/or may also place their own signs in that area. [Wis. Stats. 12.04(2) and 12.04(5)]
Q: What if I am renting a single unit dwelling?
A: It all depends upon what areas are under your exclusive possession. If your premises includes the front yard, for example, then you are free to post signs there. [Wis. Stats. 12.04(2) and 12.04(5)]
Of course, all of that is predicated on the assumption that the yard sign otherwise complies with law regarding limits about size and disclosures, etc. If find it pretty damn annoying that landlords can put several signs in the front yard, making it appear that people in the building support a candidate and then the tenants can stick a yard sign in their window, where less people will see it. But hey, that’s the political price second class citizen tenants pay for being renters. Happy election day!
