At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | No statutory limit | Must be "reasonable"; no specific dollar cap |
| Rent control? | No (preemption law) | State law prohibits local rent control ordinances |
| Required notice to raise rent? | 28 days | Written notice required for month-to-month tenancies |
| Lease required in writing? | Yes, for leases > 12 months | Shorter leases may be oral |
| Landlord entry notice? | 12 hours | Advance notice required before entry |
Security Deposits
Wisconsin does not impose a specific dollar limit on security deposits, but the amount must be "reasonable." The Wisconsin Administrative Code (ATCP 134) provides detailed rules governing security deposits.
Landlords must return the security deposit within 21 days of the tenant vacating the unit. The return must include an itemized statement of any deductions. Landlords cannot charge for normal wear and tear and must document the condition of the unit at both move-in and move-out.
Wisconsin law also prohibits landlords from requiring a nonrefundable deposit. Any deposit collected must be treated as refundable, though landlords may charge a separate nonrefundable fee if clearly labeled as such and not called a "deposit."
cite: Wis. Admin. Code ATCP 134.06
Eviction Procedures
Wisconsin requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 5-Day Notice: For nonpayment of rent (month-to-month tenancies; tenant must pay within 5 days or vacate)
- 5-Day Notice: For lease violations (month-to-month tenancies; tenant must cure within 5 days)
- 14-Day Notice: For lease violations (tenancies with a fixed term; tenant must cure within 14 days)
- 14-Day Notice: For nonpayment of rent (fixed-term leases)
- 28-Day Notice: For no-cause termination of month-to-month tenancies
- 5-Day Notice: For drug-related or criminal activity (no opportunity to cure)
If the tenant does not comply with the notice, the landlord must file an eviction action (known as a "small claims eviction") in circuit court. Only a court order can legally remove a tenant.
Rent Control
Wisconsin does not have statewide rent control. State law (Wis. Stat. § 66.1015) explicitly preempts local governments from enacting rent control ordinances, meaning no city or county in Wisconsin may regulate the amount of rent charged for private residential properties.
Landlords must provide at least 28 days' written notice before increasing rent on a month-to-month tenancy. For fixed-term leases, rent cannot be increased during the lease term unless the lease specifically allows it.
Lease Agreements
Wisconsin requires leases longer than 12 months to be in writing to be enforceable under the Statute of Frauds. Shorter tenancies, including month-to-month agreements, may be oral, though written leases are strongly recommended.
Required Disclosures
Wisconsin landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Housing code violations: Any outstanding building or housing code violations that affect the unit
- Move-in checklist: Written check-in sheet documenting the condition of the unit at move-in (ATCP 134.06)
- Utilities: Disclosure of any shared utility arrangements or if utilities are not included in rent
- Landlord identity: Name and address of the person authorized to manage the property and receive notices
- Habitability defects: Disclosure of any structural or other defects that the landlord is aware of and that pose a health or safety risk
cite: Wis. Admin. Code ATCP 134.04
Tenant Rights
Wisconsin provides the following protections for tenants:
- Habitability: Landlords must maintain rental units in a reasonable state of repair and in compliance with building and housing codes
- Retaliation protection: Landlords cannot retaliate against tenants for exercising their legal rights, including reporting code violations or contacting tenant organizations
- Discrimination protection: Wisconsin's Open Housing Law prohibits housing discrimination based on race, color, religion, national origin, sex, disability, familial status, sexual orientation, marital status, lawful source of income, age, and ancestry
- Right to privacy: Landlords must provide at least 12 hours' advance notice before entering a tenant's unit, except in emergencies
- Repair and deduct: Tenants may withhold rent or make repairs and deduct the cost from rent if the landlord fails to address habitability issues after proper notice
- Domestic abuse protections: Victims of domestic abuse may terminate a lease early with proper documentation