Wisconsin Lease Agreement

Understanding Wisconsin Lease Agreement Requirements

State Legal Framework

Wisconsin landlord tenant law provides the foundation for all residential rental agreements in the state. Wisconsin Statutes Chapter 704 and the Wisconsin Administrative Code ATCP 134 (Wisconsin Consumer Protection regulations) establish comprehensive rights and responsibilities for both parties. Wisconsin provides balanced protections for landlords and tenants with detailed administrative rules governing rental practices. The state does not impose rent control, and Wisconsin law prohibits local municipalities from enacting rent control ordinances. The Wisconsin rental lease agreement becomes enforceable when both parties sign the document, creating mutual obligations that govern the entire landlord-tenant relationship under Wisconsin’s residential rental statutes and administrative code.

Written Agreement Standards

Wisconsin does not legally require written lease agreements for tenancies under one year. However, creating a written residential lease agreement Wisconsin landlords can reference provides essential documentation and legal protection. Written agreements prevent disputes by establishing explicit terms both parties acknowledge and accept.

Essential Elements of a Wisconsin Lease Agreement

Parties and Property Identification

Complete Party Information Every Wisconsin lease agreement template should identify all parties involved in the rental arrangement. Required information includes:

• Full legal names of all landlords or property managers
• Full legal names of all adult tenants
• Complete property address including unit numbers
• Legal property description when applicable

Accurate identification prevents confusion about who holds rights and responsibilities under the agreement.

Lease Term and Duration

Fixed-Term Agreements Fixed-term leases establish specific start and end dates for tenancies. Most Wisconsin rental contracts run for 12-month periods, though landlords can create agreements for any duration. Fixed-term leases provide stability for both parties and establish clear expectations about tenancy length.

Month-to-Month Arrangements Month-to-month rental agreements offer flexibility for landlords and tenants who prefer shorter commitments. These arrangements automatically renew each month until either party provides proper termination notice. Wisconsin requires 28 days written notice to terminate month-to-month tenancies.

Rent Payment Terms

Payment Obligations Wisconsin lease agreements must clearly state rent payment requirements including:

• Monthly rent amount
• Payment due date
• Accepted payment methods
• Where tenants should submit payments
• Grace period provisions (if offered)

Wisconsin law does not mandate a specific grace period for rent payments. Landlords should clearly specify any grace period terms in lease agreements.

Late Fee Provisions Wisconsin does not impose specific statutory caps on late fee amounts, but fees must be reasonable and disclosed in the lease. ATCP 134 requires that any late fee or penalty must be stated in the rental agreement. Late fee policies should appear clearly in the rental agreement Wisconsin tenants receive.

Security Deposit Requirements in Wisconsin

Deposit Limits and Handling

No Statutory Cap Wisconsin places no statutory limit on security deposit amounts. Landlords can request deposits based on property value, rental rates, and risk assessment. Most landlords collect deposits equal to one month’s rent, though higher amounts are legally permissible.

No Separate Account Requirements Wisconsin does not require landlords to hold security deposits in separate escrow accounts or pay interest on deposited funds. Landlords have flexibility in managing deposit funds while maintaining proper records.

Check-In Sheet Requirements

Wisconsin requires landlords to provide tenants with a check-in sheet at the time of move-in. The check-in sheet must:

• Describe the condition of the premises
• Be provided to the tenant at or before the time of initial occupancy
• Allow tenant to note any preexisting damages
• Be retained by both parties

Failure to provide a check-in sheet limits the landlord’s ability to withhold from the security deposit for preexisting conditions.

Return Procedures

21-Day Timeline Wisconsin landlords must return security deposits within 21 days after tenants vacate properties. This timeline applies to both the deposit return and required itemized statements of deductions.

Itemization Requirements If landlords withhold any portion of the deposit, they must provide a written itemized statement of deductions describing:

• Each item of damage or other charge claimed
• Amount withheld for each item
• Any amounts owed by tenant

Allowable Deductions Landlords can deduct from security deposits for:

• Unpaid rent
• Damage beyond normal wear and tear
• Costs to restore property to move-in condition
• Unpaid utilities that become landlord’s responsibility
• Other charges as permitted by law and lease

Wisconsin specifically prohibits deductions for normal wear and tear.

Wrongful Withholding Penalties

Wisconsin imposes significant penalties on landlords who wrongfully withhold security deposits. Landlords who fail to return deposits or provide proper itemization within 21 days may be liable for:

• Double the amount wrongfully withheld
• Maximum penalty of twice the security deposit
• Reasonable attorney fees in certain cases

These penalties make compliance with security deposit requirements essential.

Required Disclosures for Wisconsin Rental Agreements

Lead-Based Paint Disclosure

Federal law mandates lead-based paint disclosures for all rental properties built before 1978. Wisconsin landlords must provide:

• Written disclosure of known lead-based paint presence
• EPA pamphlet “Protect Your Family from Lead in Your Home”
• Ten-day opportunity for lead inspection
• Signed acknowledgment of disclosure receipt

Owner/Agent Identification

Wisconsin requires landlords to disclose:

• Name and address of the property owner or person authorized to manage the property
• Name and address of person authorized to accept service of legal process
• Name and address of person authorized to receive notices and demands

This information must be provided in writing at or before the time of initial occupancy.

Check-In Sheet

Wisconsin requires landlords to provide a check-in sheet describing the condition of the premises at the time of initial occupancy. This is a mandatory disclosure under ATCP 134.

Habitability Defects Disclosure

Wisconsin requires landlords to disclose any housing code violations or uncorrected habitability defects of which the landlord is aware before the tenant enters into the rental agreement.

Utilities Disclosure

Wisconsin requires landlords to disclose utility arrangements:

• Which utilities are included in rent
• Which utilities the tenant is responsible for
• How shared utilities are apportioned (if applicable)

Move-Out Inspection Rights

Wisconsin requires landlords to inform tenants of their right to be present at a move-out inspection. Tenants must receive notice of this right.

Mold Disclosure

Wisconsin does not mandate specific mold disclosures. However, landlords should consider:

• Disclosing known mold problems as a best practice
• Addressing mold prevention in lease terms
• Responding promptly to tenant mold reports

Bed Bug Disclosure

Wisconsin does not require specific bed bug disclosures statewide. Best practices include:

• Disclosing known infestation history
• Establishing reporting procedures in lease terms
• Clarifying treatment responsibilities

Radon Disclosure

Wisconsin does not mandate radon disclosure but recommends it as a best practice. Parts of Wisconsin have elevated radon levels.

Flood Zone Disclosure

While not strictly required, Wisconsin landlords should consider disclosing flood zone status, particularly for properties near rivers, lakes, and flood-prone areas.

Landlord and Tenant Rights Under Wisconsin Law

Landlord Obligations

Warranty of Habitability Wisconsin imposes implied warranty of habitability requirements on landlords. Required maintenance includes:

• Compliance with all applicable building and housing codes materially affecting health and safety
• Making all repairs necessary to keep premises fit and habitable
• Keeping common areas clean and safe
• Maintaining electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems
• Providing running water and reasonable amounts of hot water
• Providing adequate heat (minimum 67°F)
• Maintaining working smoke detectors and carbon monoxide detectors
• Providing garbage receptacles and arranging for removal
• Extermination of pest infestations
• Maintaining weathertight conditions
• Providing secure locks on exterior doors and windows

Landlords must make repairs within a reasonable time after receiving notice from tenants.

Property Access Rights Wisconsin requires landlords to provide at least 12 hours advance notice before entering rental properties. This is shorter than many states. Entry must occur at reasonable times for legitimate purposes including:

• Inspections
• Repairs and maintenance
• Showing property to prospective tenants or buyers
• Emergencies (no notice required)

Landlords cannot abuse the right of access or use it to harass tenants.

Tenant Responsibilities

Property Care Standards Tenants must maintain rental units according to Wisconsin statutory requirements including:

• Keeping the property clean and sanitary
• Using electrical, plumbing, heating, and other systems properly
• Disposing of garbage in a clean and sanitary manner
• Not deliberately or negligently destroying property
• Not disturbing neighbors’ peaceful enjoyment
• Complying with housing and building codes
• Allowing reasonable landlord access with proper notice
• Maintaining smoke and carbon monoxide detectors (battery replacement)
• Informing landlord of necessary repairs

Lease Termination and Eviction Procedures

Voluntary Termination

Notice Requirements Wisconsin termination notice requirements depend on lease type:

• Fixed-term leases end automatically on specified dates
• Month-to-month tenancies require 28 days written notice
• Week-to-week tenancies require notice as specified in lease

Wisconsin’s 28-day notice period for month-to-month tenancies is unique (not a standard 30 days).

Automatic Renewal Prohibition

Wisconsin prohibits automatic renewal clauses in residential leases that bind tenants without explicit consent. Landlords cannot automatically renew leases without proper notice and tenant agreement.

Eviction Processes

Wisconsin uses small claims eviction actions for removing tenants.

Nonpayment of Rent Wisconsin landlords can begin eviction proceedings when tenants fail to pay rent. The process requires:

• Five-day notice to pay rent or vacate
• Filing eviction action if tenant fails to comply
• Court hearing and judgment
• Writ of restitution for physical removal

Lease Violations Landlords can pursue eviction for material lease violations:

• Five-day notice to cure or vacate for most violations
• If violation is not cured, eviction may proceed
• Court filing and proceedings

Repeated Violations For repeated violations within 12 months:

• 14-day unconditional notice to vacate
• No opportunity to cure for repeat offenses

Criminal Activity For drug-related criminal activity:

• Five-day unconditional notice to vacate
• No opportunity to cure

Retaliatory Eviction Protections

Wisconsin prohibits retaliatory evictions. Landlords cannot evict or retaliate against tenants for:

• Complaining about code violations to appropriate governmental agencies
• Exercising legal rights under landlord-tenant law
• Joining or organizing tenant unions

Creating an Effective Wisconsin Lease Agreement

Documentation Best Practices

Comprehensive Terms Strong Wisconsin lease agreements include provisions addressing:

• Pet policies and deposits
• Guest and occupancy limits
• Maintenance responsibilities
• Utility payment assignments and disclosure
• Parking and storage rules
• Noise and conduct standards
• Renewal and termination procedures
• Entry notice procedures (12 hours minimum)
• Snow removal responsibilities
• Check-in sheet acknowledgment
• Move-out inspection rights notice
• Late fee disclosure

Professional Templates Using a Wisconsin lease agreement template ensures contracts include all legally required elements. Given Wisconsin’s ATCP 134 administrative code requirements, professional templates help landlords maintain compliance.

Tenant Screening Integration

Application Procedures Thorough tenant screening before lease signing helps landlords select reliable tenants. Screening should include:

• Credit history review
• Employment and income verification
• Rental history and references
• Background checks where permitted

Wisconsin does not prohibit source of income discrimination statewide, though Madison and Milwaukee have local protections. Documenting screening criteria and applying standards consistently protects landlords from discrimination claims.

Wisconsin-Specific Considerations

Milwaukee Metro Area

The Milwaukee metropolitan area dominates Wisconsin’s rental market:

• State’s largest city with diverse rental stock
• Marquette University and UW-Milwaukee student markets
• Strong rental demand in various neighborhoods
• Urban revitalization in many areas
• Source of income protections (local ordinance)
• Lead paint concerns in older housing
• Lake Michigan waterfront properties

Madison Metro Area

The state capital presents distinct dynamics:

• University of Wisconsin-Madison creates massive student rental demand
• State government employment base
• High rental demand and low vacancy
• Progressive tenant protections
• Strong rental market
• Isthmus location creates unique housing patterns
• High rental rates relative to state

Green Bay Area

Green Bay offers unique characteristics:

• UW-Green Bay and St. Norbert College student markets
• Manufacturing employment base
• Packers game day considerations
• More affordable than Milwaukee or Madison
• Growing rental market

Racine-Kenosha Corridor

The southeastern Wisconsin corridor has distinct dynamics:

• Gateway to Illinois/Chicago employment
• UW-Parkside student market
• Manufacturing base
• Lake Michigan waterfront
• More affordable than Milwaukee

College Town Rentals

Wisconsin has extensive college student rental markets:

• University of Wisconsin-Madison (massive market)
• Marquette University (Milwaukee)
• UW-Milwaukee
• UW-La Crosse
• UW-Eau Claire
• UW-Oshkosh
• UW-Stevens Point
• UW-Whitewater
• UW-Green Bay
• UW-Stout (Menomonie)
• UW-Platteville

Landlords in college areas should consider:

• Academic year lease terms (August to August common)
• Parental guarantor requirements
• Move-in/move-out timing around semesters
• Multiple roommate arrangements
• Summer subletting provisions
• Game day considerations (especially Madison)

Winter Weather Provisions

Wisconsin’s harsh winters create essential rental considerations:

• Heating requirements (minimum 67°F)
• Snow and ice removal responsibilities
• Heating system maintenance requirements
• Pipe freezing prevention (critical in WI)
• Emergency heating failure procedures
• Driveway and sidewalk maintenance
• Garage and indoor parking provisions
• Salt and de-icing responsibilities
• Ice dam prevention

Lease agreements must clearly address winter maintenance duties given Wisconsin’s severe winters.

Lake and Waterfront Properties

Wisconsin’s extensive waterfront creates considerations:

• Lake Michigan and Lake Superior properties
• Inland lake seasonal rentals
• Flood zone awareness
• Waterfront access provisions
• Boat slip and dock access
• Seasonal rental patterns in tourist areas
• Door County and Northwoods vacation rentals

Dairy and Agricultural Properties

Rural Wisconsin has specific considerations:

• Farm housing arrangements
• Agricultural property provisions
• Well water and septic system disclosures
• Rural access considerations
• Seasonal worker housing

Military Tenant Considerations

Wisconsin has limited military presence but:

• Servicemembers Civil Relief Act (SCRA) protections apply
• Fort McCoy considerations
• Wisconsin National Guard activations
• Eviction protections during active duty

Short-Term and Vacation Rentals

Wisconsin regulates short-term rentals at local levels:

• Door County vacation rental market
• Wisconsin Dells tourism rentals
• Northwoods lake properties
• Madison short-term rental regulations
• Local registration and licensing varies
• Room tax obligations
• HOA restrictions in some areas

HOA and Condominium Rentals

Some Wisconsin rentals occur within homeowner associations:

• Association approval requirements
• Tenant compliance with community rules
• Rental restrictions and caps possible
• Application processes and fees
• Condominium conversion considerations

Landlords should verify HOA rental policies before marketing properties.

Manufactured Housing

Wisconsin has manufactured housing inventory:

• Specific requirements for mobile home parks
• Lot rental agreement distinctions
• Community rules and enforcement
• Title and registration requirements
• Winter weatherization requirements

Source of Income Protections

Some Wisconsin localities have enacted source of income protections:

• Madison prohibits source of income discrimination
• Milwaukee prohibits source of income discrimination
• State law does not mandate acceptance
• Check local ordinances for other jurisdictions

Cannabis Considerations

Wisconsin has not legalized cannabis:

• Cannabis remains illegal for recreational and medical use
• CBD products available under federal law
• Landlords can prohibit all cannabis use
• Standard drug-free housing provisions apply

Lead Paint in Older Cities

Wisconsin’s older cities have significant pre-1978 housing:

• Federal lead paint disclosure requirements
• Milwaukee lead safety initiatives
• Renovation requirements for older properties
• Childhood lead exposure prevention programs
• Enhanced enforcement in certain jurisdictions

Tourism Industry Impact

Wisconsin’s tourism affects certain rental markets:

• Door County seasonal demand
• Wisconsin Dells tourism workforce
• Northwoods vacation areas
• Ski resort areas
• Summer lake rental demand

ATCP 134 Compliance

Wisconsin’s administrative code ATCP 134 governs residential rental practices:

• Check-in sheet requirements
• Security deposit procedures
• Prohibited lease provisions
• Disclosure requirements
• Penalties for violations

Landlords must understand and comply with ATCP 134 requirements.

Heating Utility Disconnection Protections

Wisconsin has winter heating protections:

• Moratorium on utility disconnections (November 1 – April 15)
• Special protections for vulnerable populations
• Utility payment plan requirements
• Emergency heating assistance programs

Flood Considerations

Parts of Wisconsin are prone to flooding:

• Mississippi River flooding
• Lake flooding
• Spring snowmelt flooding
• Flood zone disclosure recommended
• Flood insurance considerations

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

Protecting Your Wisconsin Rental Investment

A well-drafted Wisconsin rental lease agreement forms the foundation of successful property management. Given Wisconsin’s ATCP 134 administrative code requirements, check-in sheet mandate, and detailed disclosure obligations, comprehensive documentation becomes essential. Clear terms addressing winter maintenance, utility arrangements, and security deposit procedures protect both landlord and tenant interests.

RocketRent provides Wisconsin lease agreement templates designed to meet state requirements and protect landlord investments. Our platform streamlines property management with integrated tools for lease creation, rent collection, and tenant screening. Create your Wisconsin rental lease agreement today and manage your properties with confidence.