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Wisconsin

This article provides a quick overview of some key Wisconsin Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Wisconsin Statutes cited below to research this information and it should be a good starting point in learning about the law.

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Wisconsin Commercial Lease Agreement

Wisconsin Landlord Tenant Key Rules

Official Wisconsin Forms:

Leases

Notices

Addendums

Forms

Property Management

Disclosures

Checklists

 

Applications

Letters

 

Security Deposit

TOPIC RULE
Security Deposit Maximum: There is no statutory cap on the amount a landlord may charge for a security deposit on residential leases. Landlords have the flexibility to set the security deposit amount at their discretion. Wis. Admin. Code ATCP § ATCP 134.06
Security Deposit Interest: No statute.
Separate Security Deposit Bank Account: No statute.
Non-refundable fees: No statute.
Pet Deposits and Additional Fees: There is no requirement for a separate pet deposit because there is no legal limit on the amount a landlord can charge for a security deposit. Landlords are permitted to charge tenants up to $20 for conducting a background or credit check. Wis. Admin. Code ATCP § ATCP 134.05(4)
Deadline for Returning Security Deposit: Landlords must return a tenant’s security deposit within 21 days after the rental agreement concludes, or within 21 days from when a new tenant’s lease begins (if the landlord re-rents the property before the original lease terminates). Wis. Admin. Code ATCP § ATCP 134.06(2)
Permitted Uses of the Deposit: No statute.
Security Deposit can be Withheld: A landlord may withhold portions of a tenant’s security deposit only for specific, necessary expenses related to the rental property. These allowable deductions include:

-Costs to repair tenant-caused damage, waste, or neglect of the property (with certain exceptions).

-Any unpaid rent owed by the tenant, per state statute s. 704.29.

-Utility charges the tenant agreed to pay for services provided by the landlord but not covered in the rent.

-Utility costs directly billed to the tenant by a government-owned utility, but for which the landlord may be held liable if the tenant fails to pay.

-Unpaid monthly municipal fees assessed against the tenant by local authorities, for which the landlord may become liable if the tenant does not pay.

-Other specific charges as outlined in a nonstandard rental provision document signed by the tenant. Wis. Admin. Code ATCP § ATCP 134.06(3a)
Require Written Description/Itemized List of Damages and Charges: If any portion of a security deposit is withheld by a landlord, the landlord must, within the time period and in the manner specified under sub. (2), deliver or mail to the tenant a written statement accounting for all amounts withheld. The statement must describe each item of physical damages or any other claims made against the security deposit, and the amount withheld as reasonable compensation for each item or claim. Wis. Admin. Code ATCP § ATCP 134.06(4)
Receipt of Security Deposit: If paid in cash, or requested by the tenant, a written receipt is required. Wis. Admin. Code §§ 134.06(2)
Record Keeping of Deposit Withholdings: No statute.
Failure to Comply: No statute.

Lease, Rent & Fees

TOPIC RULE
Rent is Due: No statute.
Payment Methods: No statute.
Rent Increase Notice: Landlords are required to give at least 28 days’ notice for a Month-to-Month lease. Wis. Stat. Ann. §§ 704.19(3)
Late Fees: Late fees are allowed, but all fees must be disclosed in the lease. Wis. Stat. Ann. §§ 704.17
Application Fees: No statute.
Prepaid Rent: Any rent payment that is more than one month’s prepaid rent is considered to be a security deposit. Nothing prevents a landlord from collecting more than one month’s rent as security. Wis. Admin. Code ATCP § ATCP 134.02(11)
Returned Check Fees: No statute.
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): The tenant is allowed to withhold rent if the property is severely damaged or uninhabitable. Wis. Stat. § 704.07(4)
Tenant Allowed to Repair and Deduct Rent: No statute.
Self-Help Evictions: No landlord may exclude, forcibly evict or constructively evict a tenant from a leased property, other than by a specified eviction procedure. Wis. Admin. Code ATCP § ATCP 134.09(7)
Landlord Allowed to Recover Court and Attorney’s Fees: Fees are permitted to be recovered under certain circumstances. Wis. Stat. § 799.25(10)
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: In any claim against a tenant for rent and damages, or for either, the amount of recovery is reduced by the net rent obtainable by reasonable efforts to re-rent the premises. Wis. Stat. Ann. §§ 704.29(2)(b)

Notices and Entry

TOPIC RULE
Notice to Terminate Tenancy: Tenants are usually given a five-day grace period to pay rent after the due date. If the reny payment is not made within this period, the landlord can issue a “Notice to Terminate” (also known as a “Pay or Vacate” notice), which requires the tenant to either pay the past-due rent balance or vacate the premises. The specific timing and type of notice required can vary based on the type of lease agreement, such as month-to-month or fixed-term leases. Wis. Stat. Ann. §§ 704.17
Notice to Terminate a Periodic Lease – Month-to-Month: Landlords are required to provide at least 28 days of notice. Wis. Stat. Ann. §§ 704.19(3)
Notice to Terminate a Periodic Lease – Week-to-week: Landlords are required to provide at least five days of notice. Wis. Stat. Ann. §§ 704.177(1)
Notice to Terminate Lease due to Sale of Property: No statute.
Notice of date/time of Move-Out Inspection: No statute.
Notice of Termination for Nonpayment: Landlords must give varying notice of termination based on the lease terms. Wis. Stat. Ann. §§ 704.17
Notice for Lease Violation:
Required Notice before Entry: Landlords are required to give 12 hours of notice unless the tenant agrees to less. Wis. Stat. Ann. §§ 704.05(2)
Entry Allowed with Notice for Maintenance and Repairs: Landlords are required to give 12 hours of notice unless the tenant agrees to less. Wis. Stat. Ann. §§ 704.05(2)
Emergency Entry Allowed without Notice:  Wis. Stat. Ann. §§ 704.05(2)
Entry Allowed During Tenant’s Extended Absence: Yes. Wis. Stat. Ann. §§ 704.05(2)
Entry Allowed with Notice for Showing the Property: A landlord may enter for the amount of time reasonably required to show the premises to prospective tenants or purchasers. Wis. Admin. Code ATCP § ATCP 134.09
Notice to Tenants for Pesticide Use: Wis. Admin. Code ATCP § ATCP 134.09
Lockouts Allowed: No. Wis. Admin. Code ATCP § ATCP 134.09
Utility Shut-offs Allowed: No. Wis. Admin. Code ATCP § ATCP 134.09
Electronic Notices Allowed: no

Disclosures

  • Name and Addresses: Landlord must disclose name and address of property owner and manager. (Wis. Stat. § 704.02)
  • Copy of the Lease: Tenant must be provided with a copy of the lease. (Wis. Stat. § 704.02)
  • Domestic Violence Situations: Victims may terminate lease with proper documentation. (Wis. Stat. § 704.16)

Duties

Landlord’s Duties

Tenant’s Duties