Wisconsin Landlord Tenant Laws

Contents

DISCLAIMER

This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.

Overview

DEPOSIT

  • There is no maximum security deposit limit in Wisconsin.
  • Landlords have 21 days to return deposits in Wisconsin.
  • Landlords must provide an itemized receipt of any deductions from the deposit.

RENT CONTROL

  • No rent control laws.
  • Landlords give 28 days notice before increasing the rent for fixed term leases.
  • If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient.

NOTICE OF ENTRY LAWS

  • Generally, landlords are required to give at least 12 hours notice before entering an occupied property.
  • When terminating a lease with cause landlords must first give a 5 day notice to cure or quit.
  • When terminating a periodic tenancy or fixed-term lease without cause landlords must give at least 28 days notice.

RE-KEYING LAWS

  • No statute.

RENTAL AGREEMENT

  • Both oral and written rental agreements are accepted in Wisconsin for leases less than 12 months.
  • Leases of 12 months or longer must be in writing to be legally binding.

LATE FEES & GRACE PERIODS

  • Reasonable late fees are allowed if stipulated in the lease agreement.
  • A late fee is deemed reasonable if it is $20 or 20% of the monthly rent, whichever is higher.
  • Landlords in Wisconsin are expected to give a grace period of 5 days.

SMOKING LAWS

  • No statute.

PET LAWS

  • Pet fees and deposits are allowed.

SECTION 1

1. Wisconsin Landlord-Tenant Rights and Responsibilities

All provisions by Wisconsin law to regulate landlord-tenant relations can be found in Wis. Stat. ch. 704, and Wis. Admin. Code ch. ATCP 134.

Below is a breakdown of some of the most important Wisconsin laws as regards landlord-tenant rights and duties.

Tenant’s Rights and Responsibilities

Rights

  • Wisconsin tenants are entitled to safe and habitable living conditions.
  • Wisconsin tenants have the right to receive advance notice before the landlord enters the unit, usually a 12-hour written notice, except for emergency situations.
  • Tenants in Wisconsin are entitled to advance notice of rent increases and to be informed of the reason for the increase.
  • Tenants in Wisconsin are entitled to a written justification for any deductions made from their security deposit.
  • Tenants are entitled to timely repairs after notifying the landlord in writing.
  • If the landlord violates the terms of the contract, Wisconsin renters are entitled to legal action.

Responsibilities

  • Tenants in Wisconsin are required to pay their rent on time
  • Tenants in Wisconsin are obligated to make small repairs or pay for repairs for any damage or issues caused directly or indirectly by them.
  • Wisconsin tenants are responsible for keeping the property safe and livable and for using any amenities, appliances, and utilities in the right manner.
  • Tenants in Wisconsin are obligated to make small repairs or pay for repairs for any damage or issues caused directly or indirectly by them
  • Tenants in Wisconsin are obligated to not disturb other tenants or neighbors
  • Tenants in Wisconsin are required to abide by any upkeep and hygienic standards set by local housing codes.
  • Tenants in Wisconsin are expected to allow the landlord to enter the unit for repairs or showings after obtaining sufficient notice.
  • Tenants in Wisconsin are expected to move out properly at the conclusion of the lease and leave the unit in a clean and undamaged condition.

Landlord’s Rights and Responsibilities

Rights

  • Wisconsin landlords are entitled to charge and collect on-time rent payments
  • Wisconsin landlords are entitled to collect security deposits to cover unforeseen costs at the end of the lease term
  • Wisconsin landlords are entitled to pursue a legal eviction if the tenant violates the rental agreement
  • Wisconsin landlords can charge late fees as outlined in the lease agreement, but there are limits on the amount they can charge (MGO 32.12(11)).
  • Landlords are entitled to have their property respected and maintained in good condition by tenants. (MGO 27.05).
  • Wisconsin landlords have the right to access the rental unit for repairs and showings. However, they must provide reasonable notice (at least 12 hours) before entering the unit, except in emergencies (MGO 32.05(1)(d)).
  • Wisconsin landlords have the right to set their own criteria for selecting tenants, as long as they don't discriminate based on protected classes (Fair Housing Act).
  • Wisconsin landlords have the right to evict tenants who violate the terms of the lease agreement, such as non-payment of rent or causing damage to the property.

Responsibilities

  • Landlords in Wisconsin are required to give their tenants a livable, safe home that complies with all local building codes. This includes maintaining the property's upkeep and making sure its amenities, such as the heat and hot water, are operating properly.
  • Wisconsin landlords are required to reply to repair requests from tenants promptly after receiving notice of the request.
  • Landlords in Wisconsin are required to refund their tenant's security deposits (minus any relevant deductions) after the completion of the lease agreement.
  • Landlords must adhere to the official Wisconsin eviction process when trying to get a tenant to vacate the rental property.
  • Except in cases of emergency, landlords are required to respect tenants' privacy and give them enough notice before accessing the property for maintenance or inspection.

Required Notices Before Entry

Are landlords in Wisconsin required to give notice before entering the property?

Yes. A landlord is required to provide at least 12 hours' notice if they need to enter a tenant's home for a legitimate cause, such as performing maintenance, inspecting the property, or giving a prospective tenant or buyer a tour. (Wis. Stat. Ann. §§ 704.05(2)) (PDF guide)

Are landlords in Wisconsin allowed to enter the property to conduct maintenance and repairs?

Yes. Landlords are permitted entry to conduct repairs on the rental property even while tenants have "exclusive possession" of it as long as they give the renter advance notice and provide access at "reasonable times." However, in emergency situations, a landlord may also enter without warning (ATCP 134.09(2), Wis. Stat. 704.05(2)).

Late Fee and Grace Periods for Rent in Wisconsin

ATCP 134.09(8)

Landlords cannot charge a late rent fee unless it is specified under the rental agreement. Additionally, landlords cannot charge a tenant a fee for the late payment or nonpayment of a late fee or rent penalty. (ATCP 134.09(8))

Landlords must only charge a reasonable amount for the late fee and give the tenant a 5-day grace period after the rent due date for them to pay before applying the late fee or filing a notice of termination. A late fee of $20 or 20% of the monthly rental amount, whichever is greater, is presumed reasonable. (Wis. Stat. 704.90(4b))

There are additional late fee restrictions in the city of Madison, Wisconsin, where landlords cannot charge a late fee of more than 5% of the monthly rent, and again it must be detailed in the lease agreement to be valid. (MGO 32.12(11))

Source: Landlord/Tenant Guide - DATCP - Wisconsin.gov, Tenant & Landlord Rights and Responsibilities | City of Madison DPCED.

SECTION 2

2. Wisconsin Rent Increase Laws

There is no cap on rent increases in Wisconsin (with the exception of renters who live in housing that is income-restricted). Neither ATCP 134 nor Wis. Stat. 704 provides any statutes that cover rent hikes. Additionally, counties and municipals in Wisconsin are prohibited from enacting rent control laws, according to Wis. Stat. 66.1015.

Notice Required to Raise Rent in Wisconsin

Rent cannot be increased during a fixed-term tenancy, and landlords are required to give at least 28 days' notice before the lease end date if they wish to raise the rent. If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient.

Rent increases and modifications are not permitted for fixed-term leases (such as one-year lease arrangements) until the lease has ended and a new tenancy has started.

(Wis. Stat. Ann. §§ 704.19(3))

Limitations on Wisconsin Rent Increase Laws

While landlords in Wisconsin are free to raise rent as they deem fit, there are certain situations where raising rent would be considered illegal. These include:

  • Raising rent as a form of retaliation towards a tenant for exerting their tenancy rights, filing a claim for the property, or making a good-faith complaint.
  • Raising rent as a form of discrimination towards a tenant’s age, race, color, sex, religion, national origin, disability, or family situation (violates the Federal Fair Housing Act).

Source: Landlord-tenant relations in Wisconsin - Department of Agriculture, Trade and Consumer Protection

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SECTION 3

3. Wisconsin Rental Agreement Laws

Are Oral Lease Agreements Legally Binding In Wisconsin?

A lease is a contract that outlines the rights and responsibilities of both the landlord and the tenant. It can be either oral or written. For leases of one year or less, an oral agreement is as legally binding as a written one. However, proving the terms of an oral lease can be challenging. A written lease helps to prevent misunderstandings between the landlord and the tenant.

A lease lasting longer than one year must be in writing to be enforceable. A written lease should include specific information and provisions as required by state laws.

Regardless of whether the lease is oral or written, the landlord must provide the tenant with the names and addresses of the property owner(s) and authorized agents, such as a building manager, in writing. The only exception to this requirement is if the owner lives on the premises, and the property has four or fewer dwelling units. In this case, no written disclosure is necessary.

(Wisc. Stat. 704.01)

What Needs To Be Included In A Lease Agreement In Wisconsin?

There are certain requirements landlords need to fulfill when creating a Wisconsin lease agreement to make it legally binding.

As per Wisconsin law, landlords are required to include the rental property's address, the names of the tenants who will occupy it, the rent amount they will be paying, and the length of the lease agreement in the contract.

Additionally, other inclusions expected in the contract is information on the security deposit, remedies for damages or late payments, and other important elements.

Here’s a list of what to include in a lease agreement in Wisconsin:

  • Names of the Lessor and the Lessee.
  • Address of the property and description of the rental unit.
  • Duration of Lease Term - including Lease Start, Lease End, and Lease Renewal terms.
  • Rent amount, payment frequency, payment methods, due date, grace period, late rent, and bounced rent policy.
  • Security Deposit.
  • Terms and Conditions of rental agreement.

Free Resources: Wisconsin Lease Agreement Templates | eForms

Source: Lease Application Process & Rental Agreements (Leases) Rights

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SECTION 4

4. Wisconsin Tenant Deposit Laws

Landlords in the state of Wisconsin are allowed to charge a security deposit from renters before moving in. However, there are specific regulations that landlords are obligated to follow when collecting, making deductions, or refunding this deposit.

What Is The Maximum Security Deposit Limit In Wisconsin?

There’s no limit to how much a landlord can charge as a security deposit in  Wisconsin. However, it’s important to note that some counties or municipals might have laws that regulate security deposits. So, landlords should always confirm and abide by local laws on deposits.

Are Pet Deposits Allowed In Wisconsin?

Wisconsin security deposit law allows landlords to ask for an additional pet deposit. Disabled people who depend on service and emotional support animals are excluded from paying this deposit. However, they are still liable for any expenses paid if the service animal damages the rented property.

What Can Be Deducted From The Security Deposit In Wisconsin?

According to Wisconsin law, landlords are permitted to deduct part or withhold the entire deposit to cover for certain expenses. Here are some of the valid grounds for deductions:

  • Overdue rent.
  • Major damage beyond typical wear and tear to the property caused by the tenant's breach of contract.
  • Municipal fines that the tenant owes but hasn't paid.
  • Overdue utility bills.

(ATCP 134.06(3)), (ATCP 134.06(4))

How Must Landlords Hold Security Deposits In Wisconsin?

In Wisconsin, there’s no legal provision for where a landlord should store a tenant's security deposit.

How Long Do Landlords Have To Return A Security Deposit In Wisconsin?

According to Wisconsin law, landlords are required to return the entirety or part of the security deposit that belongs to the tenant within 21 days. The 21-day period begins from the date the tenant vacates the leased property, as indicated in the lease agreement, or when it is determined that the leased property has been abandoned.

If any deductions were made, the tenant is entitled to get an itemized statement detailing the deduction expenses.

Missing this deadline can come with serious legal consequences for a landlord. Tenants may sue them in Small Claims Court to recover reasonable legal fees and court expenses.

(ATCP 134.06(2))

Do Landlords Need To Pay Interest On Security Deposits In Wisconsin?

No law in Wisconsin mandates landlords to provide tenants with interest accumulated on their security deposits.

Source: Landlord Tenant Guide - DATCP - Wisconsin.gov, (ATCP 134.06)

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SECTION 5

5. Wisconsin Eviction Laws

Grounds for Eviction in Wisconsin

Landlords in Wisconsin cannot evict a tenant without a valid reason. Both landlords and tenants need to understand these reasons to ensure compliance with state regulations.

Here are some of the grounds for eviction in Wisconsin:

Non-Payment of Rent

A landlord can start the eviction process if the tenant does not pay the rent on time after being served a notice to pay or vacate.

Lease Violations

Tenants may face eviction if they violate any of the provisions of their lease, including allowing pets or unauthorized inhabitants, causing damage to the property, or engaging in other violations. Landlords are obligated to give notice, usually with an opportunity for the tenant to correct the infraction.

Illegal Activities

Landlords can evict a tenant from the rented property if they engage in unlawful activity there. Depending on how bad it is, tenants may have to face immediate eviction without any prior notice required.

Nuisance or Disturbance

Behavior that interferes with other tenants' peaceful use of the property or disturbs them may also be grounds for eviction. However, landlords are required to give the renter due notice and a chance to make amends.

Wisconsin Eviction Notice

Before a landlord can start the eviction process, they are required to first serve a Wisconsin eviction notice to the renter and give the tenant a chance to rectify or correct any of the aforementioned lease violations.

The type of notice sent and the notice period required is dependent on the situation. See a detailed list of notice requirements under Section 7: Wisconsin Laws Around Breaking A Lease.

Wisconsin Eviction Process

Landlords in Wisconsin are required by law to adhere to the eviction process in order to guarantee a just and legitimate eviction. Both landlords who must evict a tenant and tenants who might be facing eviction must comprehend this procedure.

Here is a detailed overview of the Wisconsin Eviction process:

Establish Legal Grounds for Eviction

For eviction to be lawful, the landlord must provide a good reason, such as unpaid rent, broken lease terms, or unlawful activity.

Serve the Appropriate Notice

The landlord must provide the tenant the legally needed notice, such as a 5-day notice for nonpayment of rent or a 28-day notice to end a month-to-month rental, depending on the reasons for eviction.

Wait for the Notice Period to Expire

The landlord must wait for the notice period to expire after issuing the notice in order to provide the tenant an opportunity to address the situation, for as by making good on past-due rent or fixing a lease breach.

File an Eviction Lawsuit

The landlord may file an eviction lawsuit in the local court, known as a "small claims action," if the renter disregards the notice.

Court Hearing

The court hearing is attended by both sides. The tenant has the right to provide a defense, and the landlord must establish the validity of the eviction.

Obtain a Court Order

A "writ of restitution," or court order for eviction, will be issued if the judge finds in the landlord's favor.

Enforce the Eviction

Enforcing the eviction is the last stage, usually done by a sheriff. Tenant cannot be evicted from the property by the landlord in person.

Source: Evictions - Wisconsin.gov

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SECTION 6

6. Wisconsin Rental Application Laws

The state of Wisconsin has certain rental application laws to ensure fairness for both tenants and landlords during the screening process. Here are some of the most important laws to consider:

  • Application Fees: While landlords are allowed to collect application fees from prospective clients, they are expected to refund the amount. Should the applicant be rejected, the full cost needs to be reimbursed. If the applicant is accepted, the application cost may be applied to rent or the security deposit.
  • Background Check Fee Limit: Landlords cannot request a background check fee greater than $25.
  • Fee Disclosure: Landlords are required to disclose all application fees, including the price of the background check. The applicant should have been made aware of this information in advance.
  • Written Consent for Background Checks: Written Consent for Background Checks: A landlord needs to get the applicant's written consent before conducting a background check.
  • Application Content Restrictions: Landlords are prohibited from asking for information that can be deemed discriminatory during Wisconsin rental applications. For example, asking for information about a tenant's ethnicity, religion, sex, national origin, or family status is prohibited.

(Wis. Stat. Sec. 704.085(1)) and (Wis. Admin Code ATCP 134.05(4))

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SECTION 7

7. Breaking a Lease in Wisconsin

Notice Requirements to End a Rental Lease in Wisconsin

In Wisconsin, landlords can end a lease for various reasons, each with specific notice requirements. Here's a summary of the valid reasons and corresponding notice periods:

  • Notice Required For Nonpayment of Rent - Month-to-Month or Week-to-Week Tenancies: 5-day notice to pay rent or vacate. (Wis. Stat. § 704.17(1p)(a))
  • Notice Required For Nonpayment of Rent - Leases for One Year or Less and Year-to-Year Tenancies: 5-day notice to pay rent or vacate. (Wis. Stat. § 704.17(2)(a))
  • Notice Required for Lease Violations (e.g., Damage, Unauthorized Pets) - Month-to-Month or Week-to-Week Tenancies:some text
  • Notice Required for Lease Violations (e.g., Damage, Unauthorized Pets) - Leases for One Year or Less and Year-to-Year Tenancies:some text
  • Notice Required For Criminal Activity - Any Lease Term: 5-day notice to vacate without the opportunity to remedy. (Wis. Stat. § 704.17(3m)(b))
  • Notice Required For Nuisance or Illegal Activities - Any Lease Term: 5-day notice to vacate upon receiving written notice from law enforcement or the district attorney. (Wis. Stat. § 704.17(1p)(c), § 704.17(2)(c), § 704.17(3)(b))
  • Notice Required For Periodic Tenancies - Month-to-Month Tenancy: 28-day notice to terminate without cause. (Wis. Stat. § 704.19(3)).
  • Notice Required For Periodic Tenancies - Week-to-Week Tenancy - Notice Required: 7-day notice to terminate without cause. (Wis. Stat. § 704.19(3))
  • Notice Required For Fixed-Term Leases (Over One Year) - For Nonpayment of Rent, Damage, or Other Violations: 30-day notice to pay rent, repair damage, or comply with the lease. (Wis. Stat. § 704.17(3)(a))
  • Notice Required If Tenant Moving Out Without Notice - Any Tenancy Length: Immediate termination if the tenant vacates without notice and fails to pay rent (Wis. Stat. § 704.19(6)).
  • Notice Required If Imminent Threat of Serious Physical Harm - Any Lease Term: Immediate termination (Wis. Stat. § 704.16, Wis. Stat. § 704.19(2)(b)2).

Notice Delivery Methods (Wis. Stat. § 704.21)

  • Personal Delivery
  • Leaving a Copy with a Competent Person in Charge or at the Usual Place of Abode
  • Mailing by Registered or Certified Mail
  • Affixing a Copy in a Conspicuous Place (if other methods are impractical)

Legally Valid Reasons For Breaking A Lease In Wisconsin

Early Termination Clause

According to Wisconsin law, landlords are permitted to insert an "Early Termination Clause" in their lease. There, they can outline all the guidelines that the renter must follow to vacate the rental property early.

In most cases, the tenant can terminate the rental arrangement with the landlord in exchange for a penalty fee.

Active Military Duty

Even after signing a lease agreement, tenants who are starting active military duty are entitled to legal protection under the Servicemembers Civil Relief Act (SCRA).

The SCRA gives tenant protection as soon as the tenant reports for service and continues to do so for 30 to 90 days. However, tenants may only terminate the rental agreement thirty days following the beginning of the subsequent rent period; they will not be allowed to do so automatically.

In order to terminate a lease early, the tenant must provide written notice to their landlord along with evidence that they will be away for work for the next ninety days. Also, they would be required to submit a copy of their deployment orders.

Unreasonable Living and Safety Conditions

All landlords must endeavor to maintain their premises in compliance with the health and safety regulations of the state. As such, tenants are entitled to request a repair if they discover any hazards on the property.

If repairs are not carried out as required tenants are considered as being "constructively evicted." This releases them from the need to adhere to the conditions of the lease, enabling them to terminate it without incurring any fines.

Landlord Harassment

Landlords infringing on a tenant’s privacy rights can also be considered “constructively evicting” the renter. Here are some of the common cases of Landlord harassment you should watch out for:

  • Landlords switching locks and denying tenants access to the rented apartment
  • Landlords entering the tenants’ space  without proper notice
  • Cutting off utilities or taking away doors or windows without the renter's permission

Stalking, Domestic Violence, or Sexual Assault

Victims of domestic abuse, stalking, or sexual assault are allowed to break a lease without any penalty, under Wisconsin law.

Landlords cannot decline to extend or end a tenancy if the tenant or someone who is legally residing with them has been proven to be the victim of sexual assault, domestic abuse, or stalking. Additionally, the renter may ask for an early lease termination if they believe that staying in the unit would cause them or their child physical damage.

In this case, tenants may seek a lock replacement within 48 hours, but they will be responsible for all associated fees.

Source: Wis. Stat. § 704.29,  § 704.19.

SECTION 8

8. HOA Laws in Wisconsin

Below is an overview of some Wisconsin HOA Laws that often apply to homeowners associations:

Wisconsin Nonstock Corporations Act

In Wisconsin, homeowner's associations are not specifically governed by any state legislation. The Wisconsin Nonstock Corporations Act, located in Chapter 21 of the Wisconsin Statutes, grants statutory recognition as nonprofit organizations to the majority of HOAs. The internal affairs and duties of members and directors are governed by this statute.

Wisconsin Open Housing Law

Wisconsin has a statute that shields homeowners from discrimination in housing. It provides state-level protections and is comparable to the federal Fair Housing Act. HOAs are prohibited by law from discriminating against homeowners on the basis of race, handicap, family status, and other factors by the Open Housing Law.

Wisconsin Condominium Ownership Act

The creation, management, and operations of condominium associations created in accordance with this act are governed by submitting a statement with the county registrar of deeds in the area.

Wisconsin Disclosures by Owners of Real Estate Law Act

Anyone involved in the sale, exchange, or land contract transfer of real estate with one to four dwelling units is required to provide certain disclosures under the Wisconsin Disclosures by Owners of Real Estate Law Act.

Time-share properties and condominiums fall under this category. Sections 709.02 to 709.04 and 709.06 specify the information and documentation that these associations must submit, unless the transfer is exempt from specific requirements under Wisconsin Statutes 77.25.

Source: Wisconsin Nonstock Corporations Act, Wisconsin Open Housing Law, Wisconsin Condominium Ownership Act, Wisconsin Disclosures by Owners of Real Estate Law Act.

SECTION 9

9. Squatters Rights in Wisconsin

A squatter must fulfill a number of crucial conditions in order to acquire Wisconsin squatter's rights through adverse possession:

Continuous Occupation for 20 Years

For a minimum of 20 years, the squatter must live there or otherwise occupy the land. This entails living on the property, storing possessions there, taking care of the land, and other activities as though they were the owners.

The squatter is permitted to leave the property for short periods of time, but not for extended periods of time. By "tacking" on time periods from prior possessions to reach 20 years, it is also possible to make up the required 20 years of continuous occupation.

Hostile Possession  

The squatter's profession needs to be antagonistic to the owner of the real estate. They have to be in possession of the property against the will of the rightful owner and without authorization. The way that the squatter uses the land should make it obvious that they are claiming possession rather than having permission from the rightful owner to be there.

Open and Notorious Possession

In order to notify the legitimate owner, the squatter must occupy the land in a visible and conspicuous manner. They are not allowed to try to hide their residence or limit their use of the land to the evenings. Anyone visiting the property ought to be able to tell that the squatter is in possession of it.

Paying Property Taxes

The 20-year occupancy period's final five years are when the squatter is required to pay any land-related property taxes. It is not necessary to pay the taxes in the squatter's name alone. After 20 years, a squatter who satisfies these conditions may be allowed to file an adverse possession claim in Wisconsin and acquire the land legally.

Source: Law of Adverse Possession - Wisconsin Legislative Documents

SECTION 10

10. Wisconsin Landlord Tenant Legal Resources

Below, you’ll find some helpful Wisconsin landlord–tenant law resources:

Documents and Forms

Legal Resources

DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.