Renter rights by state

Wisconsin renter rights: the basics for first-time renters

Last reviewed: October 2026 · First Apartment Kit

Wisconsin's landlord-tenant law is Chapter 704 of the Wisconsin Statutes, together with the Residential Rental Practices rule (Wis. Admin. Code ch. ATCP 134). Evictions run through small claims court under Chapter 799. This guide summarizes those laws as published by the Wisconsin Legislature, along with the Department of Agriculture, Trade and Consumer Protection (DATCP) Landlord Tenant Guide (March 2026).

Quick facts

Quick facts are simplified. Read the sections below for exceptions, and check your city or county too.

Security deposits

• Cap: state law doesn't set a maximum deposit. DATCP notes that any prepayment beyond one month's rent is treated as a security deposit.
• Before you pay: the landlord must tell you in writing that you have at least 7 days to inspect the unit and note existing damage, and that you can ask for a list of damage charged to the previous tenant. You get a check-in sheet when you move in and have 7 days to complete and return it.
• Allowed deductions: tenant damage, waste, or neglect; unpaid rent; unpaid utilities the landlord provided or became liable for; certain municipal permit fees; and anything in a separately signed “Nonstandard Rental Provisions” document. Nothing can be withheld for normal wear and tear, including routine across-the-board cleaning, painting, or carpet cleaning.
• Return: within 21 days after the lease ends if you leave on time. If you leave early, the clock runs from the end of the lease, or from when a new tenant moves in if the landlord rerents sooner. The landlord must mail it to your last known address, even without a forwarding address.
• Statement: any deduction needs an itemized written statement describing each item and the amount withheld.
• Penalty: DATCP explains that if you lose money because a landlord violates these rules, you can sue (usually in small claims) for up to twice your loss plus costs and reasonable attorney's fees. DATCP also takes complaints.

Rent increases and late fees

• Rent increases: the state statutes and rule covered here don't cap increases or set a specific notice period, so check your lease. A new owner who buys mid-lease must honor the existing lease terms.
• Late fees: allowed only if the rental agreement specifically provides for them. If you were late last month, your current payment goes to current rent before any late fee, and the landlord can't charge a fee for not paying a late fee.
• Earnest money and application costs: a credit check fee can be no more than the landlord's actual cost, up to $25, and you get a copy of the report. Earnest money must be returned by the end of the next business day if you're rejected, withdraw first, or aren't approved within 3 business days (up to 21 days if you agree in writing).
• Disclosures: before you sign or pay a deposit, the landlord must disclose known uncorrected code violations that threaten health or safety, missing basics like hot water or safe heat, and whether utilities are included in the rent.

Ending a month-to-month tenancy

• Month-to-month: either side must give at least 28 days' written notice, effective at the end of a rental period. Week-to-week needs at least one rental period's notice.
• Automatic renewal clauses: these can't be enforced against you unless the landlord sends a written reminder 15 to 30 days before your deadline to say whether you're staying.
• Holding over: if you stay past the end of your tenancy without permission, the landlord can recover at least twice the daily rental value for each day you stay.

When the landlord can come in

A landlord can enter to inspect, make repairs, or show the unit after giving at least 12 hours' advance notice, and only at reasonable hours. No advance notice is needed if you ask for or agree to the entry ahead of time, if there's a health or safety emergency, or if you're away and the landlord reasonably believes entry is needed to protect the premises. The landlord must announce themselves before entering. Broader entry rights must be in a separately negotiated “Nonstandard Rental Provision.”

Repairs and living conditions

Wis. Stat. § 704.07 makes landlords responsible for keeping the premises in a reasonable state of repair and meeting local housing codes. If you get promises to repair or clean before you sign, they must be in writing with a completion date.

If the unit becomes untenantable (fire, water, or other damage, a health hazard, or a serious violation affecting health or safety): you can move out unless the landlord promptly fixes it, and you owe no rent after the unit became untenantable. If you stay, rent abates (is reduced) to the extent you lose normal use of the unit, but the law doesn't let you withhold rent entirely. These remedies don't apply if you or your guests caused the problem. DATCP suggests contacting your local building or health inspector if a landlord ignores repair requests.

Eviction basics

• Unpaid rent (lease of one year or less, or month-to-month): a 5-day notice to pay or move out. If you pay and then miss rent again within a year, the landlord can give a 14-day notice to vacate with no chance to pay. For month-to-month tenants, the landlord can use the 14-day no-cure notice right away.
• Other breaches: a 5-day notice to fix the problem or move out (14 days without a cure option for a repeat within a year, or for month-to-month tenants).
• Lease longer than one year: a 30-day notice to pay or fix the problem.
• Criminal activity: a 5-day notice to vacate in some cases. This doesn't apply to a tenant who's the victim of the crime.
• Court: evictions are filed in small claims court. The summons gives a return date 5 to 25 days after it's issued, and you must be served at least 5 days before. Go to court on that date: if you don't appear, the landlord can get the eviction automatically. A trial on possession must generally be finished within 30 days of the return date. An appeal must be started within 15 days of the judgment.
• No self-help: a landlord can't lock you out, shut off utilities, remove doors, or take your belongings to force you out. Only the sheriff can remove you after a court judgment.

Retaliation and discrimination

Retaliation: a landlord can't raise rent, cut services, refuse to renew, or bring or threaten an eviction because you made a good-faith complaint to a housing code agency or elected official, complained to the landlord about repairs or code violations, or used your legal rights (including joining a tenants' union). A landlord can still evict for unpaid rent. A lease clause allowing penalties for calling police, health, or safety services makes the whole lease void.

Discrimination: Wisconsin's open housing law (Wis. Stat. § 106.50) protects equal housing opportunity regardless of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry. The Department of Workforce Development's Equal Rights Division takes housing complaints.

City and county rules

Local housing codes set many of the building standards rentals must meet, and cities like Madison and Milwaukee have their own landlord-tenant ordinances. Under ATCP 134, local ordinances still apply unless complying with both is impossible.

Move-in checklist for Wisconsin renters

• ☐ Get a written lease and read all of it before signing
• ☐ Get a receipt for the deposit and any move-in money
• ☐ Photograph every room, dated, before you unpack
• ☐ Fill out (or write your own) move-in condition list and keep a copy
• ☐ Note the rent due date, grace period, and late fee
• ☐ Write down how to request repairs, and do it in writing
• ☐ Save the landlord's legal name and address for notices
• ☐ Put your notice deadline for moving out in your calendar

Still apartment hunting? Our list of questions to ask a landlord before signing a lease covers deposits, fees, repairs, and move-out rules you will want answered in writing.

Where to get help in Wisconsin

• DATCP Bureau of Consumer Protection — landlord-tenant guide and complaints, (800) 422-7128.
• DWD Equal Rights Division — Housing Discrimination — fair housing complaints.
• Wisconsin Court System — small claims forms and court information.
• Find free legal aid near you — the federal Legal Services Corporation's directory of local legal aid offices.
• File a housing discrimination complaint with HUD — the federal fair housing agency.

More help

Nonprofit and legal aid resources (not government sources):

• Legal Action of Wisconsin — free legal help (nonprofit).

Official sources

These are the official state law and government pages we checked for every fact on this page. The law itself controls if anything here differs.

• Wis. Stat. ch. 704, Landlord and Tenant (704.07 repairs, 704.08 check-in, 704.085 credit checks, 704.15 automatic renewal, 704.17 termination notices, 704.19 periodic tenancies, 704.27 holdover, 704.28 deposits, 704.45 retaliation)
• Wis. Admin. Code ch. ATCP 134, Residential Rental Practices
• Wis. Stat. ch. 799, Small claims procedure (799.05 return date, 799.20 trial timing, 799.44–.45 eviction judgment and writ)
• Wis. Stat. § 106.50, Open housing
• DATCP Landlord Tenant Guide (03/2026)

Not legal advice; laws change and cities may add rules. Check the official sources below or a local legal aid office. This page is a plain-language summary written by First Apartment Kit, not the law itself. Last reviewed: October 2026.

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