Wisconsin landlord-tenant law FAQ
54 answers to common Wisconsin landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in Wisconsin?
No maximum. Wisconsin's security deposit rule covers check-in, return and withholding, but sets no cap on the amount.
Verified Source: Wis. Admin. Code ATCP 134.06 · last checked 2026-10-31 · Full security deposit limit page
How long does a landlord have to return a security deposit in Wisconsin?
Within 21 days after the trigger date (usually the date the rental agreement ends): return the deposit, less permitted amounts, with a written itemized statement of anything withheld.
Verified Source: Wis. Admin. Code ATCP 134.06(2), (4) · last checked 2026-10-31 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in Wisconsin?
At least 12 hours' advance notice and entry at reasonable times, only to inspect, repair, or show the unit, unless the tenant consents, there's an emergency, or entry is needed to protect the premises while the tenant is away.
Verified Source: Wis. Admin. Code ATCP 134.09(2) · last checked 2026-10-30 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in Wisconsin?
No state statute setting a specific notice period for rent increases was found in Wis. Stat. chapter 704. A periodic tenancy can be ended or changed only with the termination notice rules in § 704.19 (generally at least 28 days for month-to-month).
Verified Source: Wis. Stat. ch. 704; § 704.19 · last checked 2026-10-22 · Full rent increase notice page
Can a landlord charge a late fee in Wisconsin, and how much?
Late fees only as specifically provided in the rental agreement. Rent prepayments must be applied first, and there can be no fee for not paying a late fee.
Verified Source: Wis. Admin. Code ATCP 134.09(8) · last checked 2026-10-22 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in Wisconsin?
Month-to-month, week-to-week, and leases of one year or less: 5 days' written notice to pay or vacate (leases over a year: see statute).
Verified Source: Wis. Stat. § 704.17(1p)(a), (2)(a) · last checked 2026-10-15 · Full eviction notice (nonpayment) page
Can cities in Wisconsin pass rent control?
Preempted. No city, village, town or county may regulate the amount of rent or fees charged for a residential rental unit (except for units it owns or rent set by voluntary agreement).
Verified Source: Wis. Stat. § 66.1015(1) · last checked 2026-10-30 · Full rent control / state preemption page
How much notice is needed to end a month-to-month tenancy in Wisconsin?
Either party may end a periodic tenancy only at the end of a rental period, with at least 28 days' written notice. Tenancies with rent payable more often than monthly need notice equal to the rental period.
Verified Source: Wis. Stat. § 704.19(2)–(4) · last checked 2026-10-30 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in Wisconsin?
Wisconsin's landlord-tenant statute (ch. 704) and the ATCP 134 residential rental rules do not require interest on security deposits (full-text search).
Verified Source: Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (full-text search of the act) · last checked 2026-10-31 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in Wisconsin?
At move-in, the landlord must give a new residential tenant a check-in sheet for noting the unit's condition. The tenant has 7 days to complete and return it. It is not required on renewal.
Verified Source: Wis. Stat. § 704.08 · last checked 2026-10-30 · Full move-in/move-out checklist page
Is landlord retaliation illegal in Wisconsin?
A landlord may not raise rent, cut services, sue for possession, refuse to renew, or threaten any of these if, but for retaliation, it would not happen. Protected acts include a good-faith defect complaint to an elected official or code agency, a complaint to the landlord about § 704.07 or code violations, and exercising tenancy rights. Eviction for unpaid rent is still allowed.
Verified Source: Wis. Stat. § 704.45 · last checked 2026-10-30 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in Wisconsin?
A landlord may not exclude, forcibly evict, or constructively evict a tenant except through the court eviction procedure under Wis. Stat. ch. 799.
Verified Source: Wis. Admin. Code ATCP 134.09(7) · last checked 2026-10-22 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in Wisconsin?
If the unit becomes untenantable, or a substantial violation materially affects health or safety, the tenant may move out unless the landlord promptly repairs. A tenant who stays gets a rent abatement in proportion to the lost use. The statute does not authorize withholding all rent.
Verified Source: Wis. Stat. § 704.07(4) · last checked 2026-10-30 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in Wisconsin?
Before signing or taking any deposit, the landlord must disclose in writing: who collects rent and who manages the premises, plus an in-state owner or agent for legal papers (not required for owner-occupied buildings of up to 4 units); known uncorrected code violations that seriously threaten health or safety, and listed habitability defects; and whether utilities are excluded from rent and how they are allocated.
Verified Source: Wis. Admin. Code ATCP 134.04 · last checked 2026-10-22 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in Wisconsin?
Unless a written agreement says otherwise, personal property left after the tenant moves out or is evicted is presumed abandoned. The landlord may dispose of it as it sees fit. Prescription medication and medical equipment must be held for 7 days. Manufactured homes and titled vehicles require notice.
Verified Source: Wis. Stat. § 704.05(5) · last checked 2026-10-31 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in Wisconsin?
A tenant facing an imminent threat of serious physical harm to themselves or a child may end the tenancy with notice and a certified injunction, criminal complaint or other listed document. Sexual assault victims are also covered. The tenant owes no rent after the end of the month following notice or move-out, whichever is later.
Verified Source: Wis. Stat. § 704.16(1)–(2m) · last checked 2026-10-31 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in Wisconsin?
Wisconsin's residential landlord-tenant law (ch. 704 and ATCP 134) sets no late-fee grace period for residential tenancies (full-text search). The 5-day late-fee rule in ch. 704 applies only to self-service storage units.
Verified Source: Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (full-text search of the act) · last checked 2026-10-15 · Full late fee grace period page
How much can a landlord charge for a rental application fee in Wisconsin?
A landlord may charge only its actual cost, up to $25, for a consumer credit report, and not at all if the applicant supplies a recent report.
Verified Source: Wis. Stat. § 704.085(1); Wis. Admin. Code ATCP 134.05(4) · last checked 2026-10-31 · Full application fees & screening page
Does a landlord have to give notice before not renewing a lease in Wisconsin?
An automatic-renewal clause is unenforceable against the tenant unless the landlord gives written notice of it 15–30 days before the tenant's notice deadline.
Verified Source: Wis. Stat. § 704.15 · last checked 2026-10-15 · Full lease renewal / non-renewal notice page
Can a landlord refuse Section 8 or other source of income in Wisconsin?
Housing discrimination because of lawful source of income, including refusing to rent or setting different terms, is unlawful.
Verified Source: Wis. Stat. § 106.50(1m), (2) · last checked 2026-10-30 · Full source of income discrimination page
How does the eviction court process work in Wisconsin?
The eviction summons return date is 5 to 25 days after issuance, served at least 5 days before. If possession is contested, trial must be held within 30 days of the return date.
Verified Source: Wis. Stat. §§ 799.05(3)(b), 799.20(4) · last checked 2026-10-31 · Full eviction court process & timeline page
Can a tenant sublet an apartment in Wisconsin?
A tenant at will or with a periodic tenancy shorter than year-to-year may not assign or sublease without the landlord's consent. Other tenants may transfer unless the lease expressly restricts it, and the original tenant stays liable unless released.
Verified Source: Wis. Stat. § 704.09(1)-(2) · last checked 2026-10-30 · Full subletting & assignment page
What happens if a tenant stays after the lease ends in Wisconsin?
If a tenant holds over after the lease ends, the landlord may remove the tenant by any lawful means and recover damages for the holdover.
Verified Source: Wis. Stat. § 704.25(1) · last checked 2026-10-15 · Full holdover tenants page
What happens to the lease when a tenant dies in Wisconsin?
When a residential tenant dies, a lease ends at the earlier of 60 days after the landlord learns of the death or the end of the term (60 days for periodic tenancies). The estate owes no rent after that, and the landlord can't pursue family members who aren't liable.
Verified Source: Wis. Stat. § 704.165 · last checked 2026-10-31 · Full death of a tenant page
Does a landlord have to provide smoke and carbon monoxide detectors in Wisconsin?
The owner of a residential building must install and maintain working smoke detectors in the basement, at the head of each stairway on every floor, and in or within 6 feet of each sleeping area. The tenant maintains detectors inside the unit, but if the tenant gives written notice that one isn't working, the owner must fix it within 5 days.
Verified Source: Wis. Stat. § 101.145 · last checked 2026-10-30 · Full smoke & co detectors page
Can a tenant withhold rent for repairs in Wisconsin?
If a condition hazardous to health, a casualty, or a substantial code-type violation materially affects health or safety and the tenant stays, rent abates to the extent the tenant loses normal use of the unit. The statute does not authorize withholding rent in full if the tenant stays.
Verified Source: Wis. Stat. § 704.07(4) · last checked 2026-10-30 · Full rent withholding / escrow page
Can a tenant fix something and deduct it from rent in Wisconsin?
No state statute or rule giving tenants a repair-and-deduct remedy was found in Wis. Stat. ch. 704 or Wis. Admin. Code ch. ATCP 134.
Verified Source: Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (full-text search of the act) · last checked 2026-10-22 · Full repair and deduct page
What is the eviction notices for other grounds (lease violation, no-fault) rule in Wisconsin?
For a month-to-month tenant who commits waste or breaches a lease term other than rent, the landlord may give either a notice to remedy the default or vacate within at least 5 days, or a notice to vacate within at least 14 days with no chance to cure. If the tenant breaches again within one year after a 5-day notice, a 14-day notice to vacate ends the tenancy. Tenants under a lease have similar rules in § 704.17(3).
Verified Source: Wis. Stat. § 704.17(1p)(b) · last checked 2026-10-15 · Full eviction notices for other grounds (lease violation, no-fault) page
What is the right to cure / redeem rule in Wisconsin?
With a 5-day remedy-or-vacate notice for a non-rent breach, the tenant complies by promptly taking reasonable steps to fix the default and continuing with reasonable diligence, or, where damages are adequate protection for the landlord, by making a good-faith offer to pay all damages. A landlord can instead use a 14-day notice with no cure right.
Verified Source: Wis. Stat. § 704.17(1p)(b) · last checked 2026-10-30 · Full right to cure / redeem page
What is the pet deposits/fees & service/esa animals rule in Wisconsin?
A search of the full text of Wis. Stat. ch. 704 found no separate rule on pet deposits or pet fees, so any pet deposit falls under the general security-deposit rules in that law. Assistance-animal rules are in fair-housing law, which this site has not reviewed for this topic.
Verified Source: Wis. Stat. ch. 704 (full-text search of the act) · last checked 2026-10-30 · Full pet deposits/fees & service/esa animals page
What is the tenant relocation assistance rule in Wisconsin?
A search of the full text of Wis. Stat. ch. 704 found no requirement for landlords to pay tenants relocation assistance. Government relocation programs, such as those for public projects, are in other laws not reviewed here.
Verified Source: Wis. Stat. ch. 704 (full-text search of the act) · last checked 2026-10-30 · Full tenant relocation assistance page
What is the rent receipts, payment methods & cash rule in Wisconsin?
A search of the full text of Wis. Stat. ch. 704 found no rule requiring rent receipts, requiring or banning any payment method, or limiting payment fees. Unless otherwise agreed, rent is due at the time and place the parties agreed.
Verified Source: Wis. Stat. ch. 704 (full-text search of the act) · last checked 2026-10-30 · Full rent receipts, payment methods & cash page
What is the eviction record sealing rule in Wisconsin?
A search of the full text of Wis. Stat. ch. 799 (small claims, incl. eviction §§ 799.40 et seq.) found no provision for sealing or expunging eviction records. Court rules or other statutes, which this site has not reviewed, may still provide for it.
Verified Source: Wis. Stat. ch. 799 (small claims, incl. eviction §§ 799.40 et seq.); § 799.01(1)(a) · last checked 2026-10-15 · Full eviction record sealing page
What is the condo conversion protections rule in Wisconsin?
The owner must give each tenant written notice before converting. For 60 days, the tenant has the first right to buy the unit if it is offered for sale. The tenant can't be required to move out within 120 days of the notice unless the tenant breaks the lease or doesn't pay rent.
Verified Source: Wis. Stat. § 703.08 · last checked 2026-10-31 · Full condo conversion protections page
What is the military lease termination (federal scra, all states) rule in Wisconsin?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-23 · Full military lease termination (federal scra, all states) page
What is the property manager licensing rule in Wisconsin?
In Wisconsin, negotiating rentals of real estate for another for a commission is broker activity that requires a license under ch. 452. An owner's or manager's custodian, janitor or employee who only shows units, takes lease applications and gives rental information is excluded. Statute text: "negotiates or offers or attempts to negotiate, whether directly or indirectly, a sale, exchange, purchase, or rental of" (Wis. Stat. §§ 452.01(2), 452.01(3)(e)).
Verified Source: Wis. Stat. §§ 452.01(2), 452.01(3)(e) · last checked 2026-10-17 · Full property manager licensing page
Do landlords need a rental license or registration in Wisconsin?
Wisconsin lets local governments require rental registration only if it asks for one owner or contact name with an address, phone number and, if available, an email address. Except in a 1st class city (Milwaukee), the only allowed fee is a one-time registration fee of no more than $10 per building, plus up to $10 to record a change of owner, manager or contact details. Statute text: "A city, village, town, or county may require that a rental unit or residential rental property owner be registered if the registration requires only one name of an owner or authorized contact person and an address, telephone number" (Wis. Stat. § 66.0104(2)(e)4.).
Verified Source: Wis. Stat. § 66.0104(2)(e)4. · last checked 2026-10-17 · Full rental licensing / registration page
Can the city inspect my rental property in Wisconsin?
Wisconsin local governments may require rental inspections only on complaint, under a district inspection program (areas with blight, high code violations, falling values or rising rental conversions), or where other law requires. Program inspection fees are capped ($75, $90 initial, $150 later), and no fee is allowed if no violation is found or it is fixed in time. Statute text (no city, village, town, or county may enact an ordinance that): "Requires that a rental property or rental unit be inspected except upon a complaint by any person, as part of a program of inspections under subd. 1m." (Wis. Stat. § 66.0104(2)(e)1.-2.).
Verified Source: Wis. Stat. § 66.0104(2)(e)1.-2. · last checked 2026-10-17 · Full rental inspections page
What are the Airbnb / short-term rental rules in Wisconsin?
Wisconsin local governments may not ban rentals of 7 consecutive days or longer, though for stays of 7 to 29 days they may cap rentals at no fewer than 180 days a year. Operators renting more than 10 nights a year must get a state tourist rooming house license, and a local license if the municipality requires one. Statute text: "a political subdivision may not enact or enforce an ordinance that prohibits the rental of a residential dwelling for 7 consecutive days or longer" (Wis. Stat. § 66.1014(2)).
Verified Source: Wis. Stat. § 66.1014(2) · last checked 2026-10-17 · Full short-term rentals (airbnb) page
What is the rental / transient occupancy tax rule in Wisconsin?
Wisconsin charges its 5% state sales tax on furnishing rooms or lodging to transients (guests staying less than one month) by hotels, motels and others who offer accommodations to the public. Local room taxes may add to it. Statute text: "The furnishing of rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public" (Wis. Stat. § 77.52(2)(a)1.).
Verified Source: Wis. Stat. § 77.52(2)(a)1. · last checked 2026-10-17 · Full rental / transient occupancy tax page
What federal protections does a tenant have after foreclosure in Wisconsin?
Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).
Verified Source: Protecting Tenants at Foreclosure Act of 2009, Pub. L. 111-22, div. A, title VII, SEC. 702 (12 U.S.C. 5220 note), as amended by Pub. L. 111-203, SEC. 1484, and restored by Pub. L. 115-174, SEC. 304 (federal law, all states) · last checked 2026-10-23 · Full tenant rights after foreclosure (federal ptfa, all states) page
What is the manufactured / mobile home parks rule in Wisconsin?
In a Wisconsin manufactured or mobile home community, the operator can end a tenancy or refuse to renew a lease only on the grounds listed in § 710.15(5m), such as unpaid rent or charges or disorderly conduct. The operator must give at least 90 days' written notice before permanently retiring the community or a site from the rental market. Statute text: "the tenancy of a resident or occupant in a community may not be terminated, nor may the renewal of the lease be denied by the community operator, except upon any of the following grounds" (Wis. Stat. § 710.15(5m), (5r)).
Verified Source: Wis. Stat. § 710.15(5m), (5r) · last checked 2026-10-18 · Full manufactured / mobile home parks page
What is the domestic violence early termination rule in Wisconsin?
In Wisconsin, a residential tenant facing an imminent threat of serious physical harm (or whose child is) can end the tenancy by giving notice and a certified copy of an injunction, release condition or criminal complaint against the abuser. The tenant owes no rent after the end of the month following the month of notice or move-out, whichever is later. Statute text: "the tenant shall not be liable for any rent after the end of the month following the month in which he or she provides the notice or removes from the premises, whichever is later" (Wis. Stat. § 704.16(1), (2)).
Verified Source: Wis. Stat. § 704.16(1), (2) · last checked 2026-10-18 · Full domestic violence early termination page
Can a landlord deny a tenant for criminal or credit history in Wisconsin?
Wisconsin bars cities, villages, towns and counties from passing ordinances that stop or limit a landlord from getting and using a tenant's or applicant's credit information, income, occupation, rental history or public court records (including arrest and conviction records), or that limit how far back a landlord may look at credit, conviction or housing history. Statute text: "Limits how far back in time a prospective tenant’s credit information, conviction record, or previous housing may be taken into account by a landlord." (Wis. Stat. § 66.0104(2)(a)1.-2.).
Verified Source: Wis. Stat. § 66.0104(2)(a)1.-2. · last checked 2026-10-19 · Full criminal & credit history rules page
Does Wisconsin have rent control?
No city, village, town or county may regulate the amount of rent or fees charged for a residential rental unit.
Verified Source: Wis. Stat. § 66.1015(1) · last checked 2026-10-22 · Full rent control / stabilization page
What is the warranty of habitability in Wisconsin?
Unless the tenant caused the problem, the landlord must keep in reasonable repair the parts of the premises it controls and the equipment needed to supply services it agreed to furnish, and make repairs required by building and housing codes.
Verified Source: Wis. Stat. § 704.07(2) · last checked 2026-10-22 · Full habitability / warranty of habitability page
What disclosures must a landlord give in Wisconsin?
Before entering a rental agreement or taking earnest money or a security deposit, the landlord must disclose to a prospective tenant certain building or housing code violations the landlord actually knows about.
Verified Source: Wis. Stat. § 704.07(2)(bm) · last checked 2026-10-22 · Full required disclosures (mold, lead, radon, bedbug, asbestos, flood zone) page
What is the scra / military lease termination rule in Wisconsin?
A service member who enters state active duty after signing a lease can end it any time after duty begins with written notice (personal delivery or first class mail). For a monthly lease, termination takes effect 30 days after the next rent due date following the notice. Federal SCRA rights also apply.
Verified Source: Wis. Stat. § 321.62(14) · last checked 2026-10-22 · Full scra / military lease termination page
Does a landlord need just cause to evict in Wisconsin?
No state statute requiring just cause to end a residential tenancy was found in Wis. Stat. chapter 704.
Verified Source: Wis. Stat. ch. 704 · last checked 2026-10-22 · Full just-cause eviction page
What is the tenant buyout disclosures rule in Wisconsin?
No state statute regulating tenant buyout offers was found in Wis. Stat. chapter 704.
Verified Source: Wis. Stat. ch. 704 · last checked 2026-10-22 · Full tenant buyout disclosures page
What is the deposit bank holding / separate account rule in Wisconsin?
No state statute or rule requiring landlords to hold security deposits in a separate or interest-bearing account was found in Wis. Stat. ch. 704 or Wis. Admin. Code ch. ATCP 134.
Verified Source: Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (full-text search of the act) · last checked 2026-10-22 · Full deposit bank holding / separate account page
What rights does a tenant have after foreclosure in Wisconsin?
No state statute giving residential tenants specific protections after foreclosure was found in Wis. Stat. ch. 704 or ch. 846. Federal law (Protecting Tenants at Foreclosure Act) may apply.
Verified Source: Wis. Stat. chs. 704 and 846 · last checked 2026-10-22 · Full foreclosure tenant protections page
How much does it cost to file an eviction in Wisconsin?
Filing an eviction in small claims court costs $94.50 through Oct 31, 2026 ($22 filing fee + $51 court support services surcharge + $21.50 justice information surcharge). From Nov 1, 2026: $124 ($39 + $61 + $24), per 2025 Wis. Act 179. Mail service by the clerk rises from $2 to $7 per defendant. Totals are our own sums of the listed parts. Service fees are extra.
Verified Source: Wis. Stat. §§ 814.62(3)(a), 814.85(1)(c), 814.86(1), 814.62(4), as amended by 2025 Wis. Act 179 · last checked 2026-10-23 · Full eviction filing fees page
What is the guest & occupancy limits rule in Wisconsin?
A full-text search of Wis. Stat. ch. 704 (Landlord and Tenant) and Wis. Admin. Code ch. ATCP 134 (Residential Rental Practices), official texts, 2026-11-12, found no statewide requirement on guest stays or occupancy limits in those sources. The lease terms control unless another law applies. Local ordinances or other laws outside chapter 704 and ATCP 134 may still apply.
Verified Source: Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (full-text search) · last checked 2026-11-12 · Full guest & occupancy limits page
Wisconsin cities with their own rules
- Chetek landlord rules
- City of Pewaukee landlord rules
- Gillett landlord rules
- Hobart landlord rules
- Hudson landlord rules
- La Crosse landlord rules
- Luck landlord rules
- Milwaukee landlord rules
- Monona landlord rules
- Muskego landlord rules
- Oconomowoc landlord rules
- Sawyer County landlord rules
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