Question 1

How much can a landlord charge for a security deposit in Wisconsin?

Accepted Answer

No maximum. Wisconsin's security deposit rule covers check-in, return and withholding, but sets no cap on the amount. Source: Wis. Admin. Code ATCP 134.06 (https://docs.legis.wisconsin.gov/code/admin_code/atcp/090/134/06), last checked 2026-10-15.

Question 2

How long does a landlord have to return a security deposit in Wisconsin?

Accepted Answer

Within 21 days after the trigger date (usually the date the rental agreement ends): return the deposit, less permitted amounts, with a written itemized statement of anything withheld. Source: Wis. Admin. Code ATCP 134.06(2), (4) (https://docs.legis.wisconsin.gov/code/admin_code/atcp/090/134/06), last checked 2026-10-15.

Question 3

How much notice does a landlord have to give before entering a rental in Wisconsin?

Accepted Answer

At least 12 hours' advance notice and entry at reasonable times, only to inspect, repair, or show the unit, unless the tenant consents, there's an emergency, or entry is needed to protect the premises while the tenant is away. Source: Wis. Admin. Code ATCP 134.09(2) (https://docs.legis.wisconsin.gov/code/admin_code/atcp/090/134/09/2), last checked 2026-10-15.

Question 4

How much notice does a landlord need to give to raise the rent in Wisconsin?

Accepted Answer

No state law limits the amount of an increase. A month-to-month tenancy can be ended with written notice at least 28 days before the next rent due date (Wis. Stat. § 704.19(3)). The DATCP fact sheet gives no separate rent-increase notice period. Source: Wisconsin DATCP, Tenants' Rights and Responsibilities fact sheet (https://datcp.wi.gov/Documents/LT-TenantsRights143.pdf), last checked 2026-10-15.

Question 5

Can a landlord charge a late fee in Wisconsin, and how much?

Accepted Answer

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. Source: Wis. Admin. Code ATCP 134.09(8) (https://docs.legis.wisconsin.gov/code/admin_code/atcp/090/134/09/2), last checked 2026-10-15.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in Wisconsin?

Accepted Answer

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). Source: Wis. Stat. § 704.17(1p)(a), (2)(a) (https://docs.legis.wisconsin.gov/statutes/statutes/704/17), last checked 2026-10-15.

Question 7

Can cities in Wisconsin pass rent control?

Accepted Answer

Preempted. No city, village, town or county may regulate the amount of rent or fees charged for a residential rental unit (except for units it owns or rent set by voluntary agreement). Source: Wis. Stat. § 66.1015(1) (https://docs.legis.wisconsin.gov/statutes/statutes/66/x/1015), last checked 2026-10-15.

Question 8

How much notice is needed to end a month-to-month tenancy in Wisconsin?

Accepted Answer

Either party may end a periodic tenancy only at the end of a rental period, with at least 28 days' written notice. Tenancies with rent payable more often than monthly need notice equal to the rental period. Source: Wis. Stat. § 704.19(2)–(4) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 9

Does a landlord have to pay interest on a security deposit in Wisconsin?

Accepted Answer

Wisconsin's landlord-tenant statute (ch. 704) and the ATCP 134 residential rental rules do not require interest on security deposits (full text read). Source: Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (https://docs.legis.wisconsin.gov/document/statutes/ch.%20704.pdf), last checked 2026-10-15.

Question 10

Is a move-in or move-out inspection checklist required in Wisconsin?

Accepted Answer

At move-in, the landlord must give a new residential tenant a check-in sheet for noting the unit's condition. The tenant has 7 days to complete and return it. It is not required on renewal. Source: Wis. Stat. § 704.08 (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 11

Is landlord retaliation illegal in Wisconsin?

Accepted Answer

A landlord may not raise rent, cut services, sue for possession, refuse to renew, or threaten any of these if, but for retaliation, it would not happen. Protected acts include a good-faith defect complaint to an elected official or code agency, a complaint to the landlord about § 704.07 or code violations, and exercising tenancy rights. Eviction for unpaid rent is still allowed. Source: Wis. Stat. § 704.45 (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 12

Can a landlord change the locks or shut off utilities in Wisconsin?

Accepted Answer

A landlord may not exclude, forcibly evict, or constructively evict a tenant (for example by disconnecting utilities, changing locks, or removing doors) except through the court eviction procedure under Wis. Stat. ch. 799. Source: Wis. Admin. Code ATCP 134.09(7) (per DATCP Landlord Tenant Guide) (https://datcp.wi.gov/documents/lt-landlordtenantguide497.pdf), last checked 2026-10-15.

Question 13

What can a tenant do if the landlord won't make repairs in Wisconsin?

Accepted Answer

If the unit becomes untenantable, or a substantial violation materially affects health or safety, the tenant may move out unless the landlord promptly repairs. A tenant who stays gets a rent abatement in proportion to the lost use. The statute does not authorize withholding all rent. Source: Wis. Stat. § 704.07(4) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 14

What disclosures must a landlord give tenants in Wisconsin?

Accepted Answer

Before signing or taking any deposit, the landlord must disclose in writing: who collects rent and who manages the premises, plus an in-state owner or agent for legal papers (this does not apply to owner-occupied buildings of up to 4 units); known uncorrected code violations that seriously threaten health or safety, and listed habitability defects (water, heat, electricity, plumbing, sewage, structural hazards); and whether utilities are excluded from rent and how they are allocated. Source: Wis. Admin. Code ATCP 134.04 (per DATCP Landlord Tenant Guide) (https://datcp.wi.gov/documents/lt-landlordtenantguide497.pdf), last checked 2026-10-15.

Question 15

What can a landlord do with property a tenant leaves behind in Wisconsin?

Accepted Answer

Unless a written agreement says otherwise, personal property left after the tenant moves out or is evicted is presumed abandoned. The landlord may dispose of it as it sees fit. Prescription medication and medical equipment must be held for 7 days. Manufactured homes and titled vehicles require notice. Source: Wis. Stat. § 704.05(5) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 16

Can a tenant break a lease early for domestic violence or military service in Wisconsin?

Accepted Answer

A tenant facing an imminent threat of serious physical harm to themselves or a child may end the tenancy with notice and a certified injunction, criminal complaint or other listed document. Sexual assault victims are also covered. The tenant owes no rent after the end of the month following notice or move-out, whichever is later. Source: Wis. Stat. § 704.16(1)–(2m) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 17

Is there a grace period before a late fee can be charged in Wisconsin?

Accepted Answer

Wisconsin's residential landlord-tenant law (ch. 704 and ATCP 134) sets no late-fee grace period for residential tenancies (full text read). The 5-day late-fee rule in ch. 704 applies only to self-service storage units. Source: Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (https://docs.legis.wisconsin.gov/document/statutes/ch.%20704.pdf), last checked 2026-10-15.

Question 18

How much can a landlord charge for a rental application fee in Wisconsin?

Accepted Answer

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. Source: Wis. Stat. § 704.085(1); Wis. Admin. Code ATCP 134.05(4) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 19

Does a landlord have to give notice before not renewing a lease in Wisconsin?

Accepted Answer

An automatic-renewal clause is unenforceable against the tenant unless the landlord gives written notice of it 15–30 days before the tenant's notice deadline. Source: Wis. Stat. § 704.15 (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 20

Can a landlord refuse Section 8 or other source of income in Wisconsin?

Accepted Answer

Housing discrimination because of lawful source of income, including refusing to rent or setting different terms, is unlawful. Source: Wis. Stat. § 106.50(1m), (2) (https://docs.legis.wisconsin.gov/statutes/statutes/106.pdf), last checked 2026-10-15.

Question 21

How does the eviction court process work in Wisconsin?

Accepted Answer

The eviction summons return date is 5 to 25 days after issuance, served at least 5 days before. If possession is contested, trial must be held within 30 days of the return date. Source: Wis. Stat. §§ 799.05(3)(b), 799.20(4) (https://docs.legis.wisconsin.gov/statutes/statutes/799.pdf), last checked 2026-10-15.

Question 22

Can a tenant sublet an apartment in Wisconsin?

Accepted Answer

A tenant at will or with a periodic tenancy shorter than year-to-year may not assign or sublease without the landlord's consent. Other tenants may transfer unless the lease expressly restricts it, and the original tenant stays liable unless released. Source: Wis. Stat. § 704.09(1)-(2) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 23

What happens if a tenant stays after the lease ends in Wisconsin?

Accepted Answer

If a tenant holds over after the lease ends, the landlord may remove the tenant by any lawful means and recover damages for the holdover. Source: Wis. Stat. § 704.25(1) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 24

What happens to the lease when a tenant dies in Wisconsin?

Accepted Answer

When a residential tenant dies, a lease ends at the earlier of 60 days after the landlord learns of the death or the end of the term (60 days for periodic tenancies). The estate owes no rent after that, and the landlord can't pursue family members who aren't liable. Source: Wis. Stat. § 704.165 (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 25

Does a landlord have to provide smoke and carbon monoxide detectors in Wisconsin?

Accepted Answer

The owner of a residential building must install and maintain working smoke detectors in the basement, at the head of each stairway on every floor, and in or within 6 feet of each sleeping area. The tenant maintains detectors inside the unit, but if the tenant gives written notice that one isn't working, the owner must fix it within 5 days. Source: Wis. Stat. § 101.145 (https://docs.legis.wisconsin.gov/document/statutes/101.145), last checked 2026-10-15.

Question 26

Can a tenant withhold rent for repairs in Wisconsin?

Accepted Answer

If a condition hazardous to health, a casualty, or a substantial code-type violation materially affects health or safety and the tenant stays, rent abates to the extent the tenant loses normal use of the unit. The statute does not authorize withholding rent in full if the tenant stays. Source: Wis. Stat. § 704.07(4) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 27

Can a tenant fix something and deduct it from rent in Wisconsin?

Accepted Answer

A search of the full text of Wisconsin's landlord-tenant chapter (Wis. Stat. ch. 704) found no repair-and-deduct remedy. When a condition materially affects health or safety, the remedies are rent abatement or moving out under § 704.07(4). Source: Wis. Stat. ch. 704 (searched in full); § 704.07(4) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 28

What is the eviction notices for other grounds (lease violation, no-fault) rule in Wisconsin?

Accepted Answer

For a month-to-month tenant who commits waste or breaches a lease term other than rent, the landlord may give either a notice to remedy the default or vacate within at least 5 days, or a notice to vacate within at least 14 days with no chance to cure. If the tenant breaches again within one year after a 5-day notice, a 14-day notice to vacate ends the tenancy. Tenants under a lease have similar rules in § 704.17(3). Source: Wis. Stat. § 704.17(1p)(b) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 29

What is the right to cure / redeem rule in Wisconsin?

Accepted Answer

With a 5-day remedy-or-vacate notice for a non-rent breach, the tenant complies by promptly taking reasonable steps to fix the default and continuing with reasonable diligence, or, where damages are adequate protection for the landlord, by making a good-faith offer to pay all damages. A landlord can instead use a 14-day notice with no cure right. Source: Wis. Stat. § 704.17(1p)(b) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 30

What is the pet deposits/fees & service/esa animals rule in Wisconsin?

Accepted Answer

A search of the full text of Wis. Stat. ch. 704 found no separate rule on pet deposits or pet fees, so any pet deposit falls under the general security-deposit rules in that law. Assistance-animal rules are in fair-housing law, which this site has not reviewed for this topic. Source: Wis. Stat. ch. 704 (searched in full) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 31

What is the tenant relocation assistance rule in Wisconsin?

Accepted Answer

A search of the full text of Wis. Stat. ch. 704 found no requirement for landlords to pay tenants relocation assistance. Government relocation programs, such as those for public projects, are in other laws not reviewed here. Source: Wis. Stat. ch. 704 (searched in full) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 32

What is the rent receipts, payment methods & cash rule in Wisconsin?

Accepted Answer

A search of the full text of Wis. Stat. ch. 704 found no rule requiring rent receipts, requiring or banning any payment method, or limiting payment fees. Unless otherwise agreed, rent is due at the time and place the parties agreed. Source: Wis. Stat. ch. 704 (searched in full) (https://docs.legis.wisconsin.gov/statutes/statutes/704.pdf), last checked 2026-10-15.

Question 33

What is the eviction record sealing rule in Wisconsin?

Accepted Answer

A search of the full text of Wis. Stat. ch. 799 (small claims, incl. eviction §§ 799.40 et seq.) found no provision for sealing or expunging eviction records. Court rules or other statutes, which this site has not reviewed, may still provide for it. Source: Wis. Stat. ch. 799 (small claims, incl. eviction §§ 799.40 et seq.) (searched in full) (https://docs.legis.wisconsin.gov/statutes/statutes/799.pdf), last checked 2026-10-15.

Question 34

What is the condo conversion protections rule in Wisconsin?

Accepted Answer

The owner must give each tenant written notice before converting. For 60 days, the tenant has the first right to buy the unit if it is offered for sale. The tenant can't be required to move out within 120 days of the notice unless the tenant breaks the lease or doesn't pay rent. Source: Wis. Stat. § 703.08 (https://docs.legis.wisconsin.gov/statutes/statutes/703.pdf), last checked 2026-10-15.

Question 35

What is the military lease termination (federal scra, all states) rule in Wisconsin?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after." Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) (https://uscode.house.gov/download/releasepoints/us/pl/119/121/htm_usc50@119-121.zip), last checked 2026-10-16.

Wisconsin landlord-tenant law FAQ