General info, not legal advice. Details

Wisconsin Late fees

Last reviewed 2026-10-22

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

How this works in Wisconsin

Wisconsin allows late fees only as specifically provided in the rental agreement (ATCP 134.09(8)). You must apply rent prepayments first, and you can't charge a fee for not paying a late fee.

Worked example for Wisconsin

Say the tenant prepaid $200 toward next month and this month's $1,000 rent is late. You apply the $200 prepayment to the rent owed before deciding whether a late fee is due. If the tenant then doesn't pay the late fee, you can't add a second fee for that.

Wisconsin timelines and limits

When allowedOnly as specifically provided in the rental agreement
PrepaymentsApplied first to rent owed
Fee on a late feeNot allowed

Wisconsin FAQ

Can a Wisconsin landlord charge a late fee?

Only as specifically provided under the rental agreement, per Wis. Admin. Code ATCP 134.09(8).

Do I have to apply prepaid rent first?

Yes. Prepayments offset the rent owed.

Can I charge a fee for an unpaid late fee?

No.

Sources for this section: Wis. Admin. Code ATCP 134.09(8) (checked 2026-10-22)

This is general information, not legal advice. The verified rule and official sources above control. Check the source or a local attorney for your situation.

Related Wisconsin rules

Late fee grace period

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 Wisconsin late fee grace period page

Eviction notice (nonpayment)

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 Wisconsin eviction notice (nonpayment) page

Application fees & screening

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 Wisconsin application fees & screening page

Same topic in neighboring states

All Wisconsin landlord-tenant law · Wisconsin landlord FAQ · Security deposit limit · Deposit return deadline · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone)

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