Wisconsin Landlord-Tenant Law

Maximum deposit

Wisconsin sets no limit on the amount of a security deposit, but any rent prepaid beyond one month is treated as part of the security deposit (Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06). (Wis. Stat. § 704.28 (no amount limit), Wis. Admin. Code ATCP 134.06 & Note (prepaid rent over one month treated as security deposit))

Return deadline

Landlords must deliver or mail the deposit, less lawful deductions, within 21 days after the rental agreement ends (or after a new tenant's tenancy begins if the unit is re-rented first, or after the landlord learns a holdover tenant left) (Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06(2)). (Wis. Stat. § 704.28(4), Wis. Admin. Code ATCP 134.06(2))

Itemized deductions

A landlord who withholds any amount must deliver or mail, within the same 21 days, a written statement describing each item of damage or other claim and the amount withheld for each (Wis. Admin. Code ATCP 134.06(4)(a)). (Wis. Admin. Code ATCP 134.06(4))

Interest on deposits

Wisconsin law does not require landlords to pay interest on security deposits (Wis. Stat. § 704.28 and ATCP 134.06 are silent). (Wis. Stat. § 704.28 (silent on interest), Wis. Admin. Code ATCP 134.06 (silent on interest))

Penalty for wrongful withholding

A tenant who loses money because of a deposit violation can recover twice the loss plus costs and reasonable attorney fees (Wis. Stat. § 100.20(5); Wis. Stat. § 704.95; ATCP 134.06). (Wis. Stat. § 100.20(5), Wis. Stat. § 704.95 (violations of § 704.28 may be unfair trade practices under § 100.20))

Late-fee limit

Wisconsin sets no numeric cap on late fees, but a landlord may charge one only as specifically provided in the rental agreement, must first apply any rent prepayment, and may not charge a fee for not paying a late fee (Wis. Admin. Code ATCP 134.09(8)). (Wis. Admin. Code ATCP 134.09(8))

Grace period

Wisconsin law sets no grace period before a late fee may be charged; the rental agreement controls (Wis. Admin. Code ATCP 134.09(8)). (Wis. Admin. Code ATCP 134.09(8) (no grace period))

A Wisconsin landlord must give at least 12 hours' advance notice and come at a reasonable time before entering to inspect, repair or show the unit, unless the tenant agrees to a shorter time or there is an emergency (Wis. Stat. § 704.05(2); Wis. Admin. Code ATCP 134.09(2)). (Wis. Admin. Code ATCP 134.09(2), Wis. Stat. § 704.05(2))

Either party may end a Wisconsin month-to-month tenancy with written notice given at least 28 days in advance, and the termination date must fall at the end of a rental period (Wis. Stat. § 704.19(2)–(4)). (Wis. Stat. § 704.19)

Wisconsin has no statute setting a notice period for raising rent; on a month-to-month tenancy the practical minimum is the 28-day written notice, ending at the end of a rental period, needed to change the tenancy's terms (Wis. Stat. § 704.19; Wis. Stat. § 704.44(1m)(a)). (Wis. Stat. § 704.19 (periodic-tenancy notice), Wis. Stat. § 704.44(1m)(a) (retaliatory rent-increase clauses void))

Wisconsin has no rent control, and no city, village, town or county may regulate the rent or fees charged for residential rental units (Wis. Stat. § 66.1015(1)). (Wis. Stat. § 66.1015)

Before signing or taking a deposit, show the tenant the lease and rules and disclose the landlord and agent contacts, known serious code violations and habitability defects, and any utilities not included in rent; include the domestic-abuse protections notice in the lease, give the check-in notice and sheet, and give the federal lead-paint disclosure for pre-1978 housing (Wis. Admin. Code ATCP §§ 134.03, 134.04, 134.06; Wis. Stat. §§ 704.08, 704.14). (Wis. Admin. Code ATCP §§ 134.03, 134.04, 134.06, Wis. Stat. §§ 704.08, 704.14)

• Copies of the written rental agreement and any written rules, for inspection before signing and a copy at signing (Before signing and before accepting earnest money or a deposit) — Wis. Admin. Code ATCP § 134.03(1)
• Name and address of the person who collects rent and manages the premises, and of the owner or in-state agent for service of process (In writing at or before signing (not required for owner-occupied buildings of 4 or fewer units)) — Wis. Admin. Code ATCP § 134.04(1)
• Known uncorrected code violations that significantly threaten health or safety, and listed habitability defects (no hot or cold water, unsafe heat or wiring, structural hazards, faulty plumbing or sewage) (Before signing or accepting earnest money or a deposit) — Wis. Admin. Code ATCP § 134.04(2)
• Whether water, heat or electricity are not included in rent, and how charges are allocated if units are not separately metered (Before signing or accepting earnest money or a deposit) — Wis. Admin. Code ATCP § 134.04(3)
• Written notice that the tenant may inspect and report pre-existing damage and request the list of damages charged to the prior tenant's deposit, with a deadline at least 7 days after the tenancy starts; check-in sheet at move-in (Before accepting a security deposit; check-in sheet when occupancy begins) — Wis. Admin. Code ATCP § 134.06(1); Wis. Stat. § 704.08
• Statutory 'Notice of Domestic Abuse Protections' text (In the rental agreement or an addendum) — Wis. Stat. § 704.14
• Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

Unpaid rent

For unpaid rent under a lease of one year or less or a periodic tenancy, give a written notice to pay or vacate at least 5 days later; a 14-day notice to vacate with no chance to pay is allowed for month-to-month tenants or after a repeat late payment within a year, and leases over one year need a 30-day notice (Wis. Stat. § 704.17). (Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a))

Lease violations

For a lease breach other than rent under a lease of one year or less, give a written notice to fix the breach or vacate at least 5 days later; a repeat breach within a year allows a 14-day notice to vacate, and leases over one year need a 30-day notice to comply (Wis. Stat. § 704.17(1p)(b), (2)(b), (3)(a)). (Wis. Stat. § 704.17(1p)(b), (2)(b), (3)(a))