Wisconsin Landlord Laws

In general, Wisconsin is considered a landlord-friendly state. With no statewide rent control, flexibility in lease terms, and relatively fast eviction timelines, Wisconsin provides a favorable legal environment for property owners, especially in its many growing urban and college towns.

However, Wisconsin landlords must still comply with federal, state, and local laws that regulate rental housing. These laws cover lease agreements, disclosures, habitability standards, security deposits, and eviction procedures. It’s important to understand Wisconsin’s rental laws before implementing your own policies or managing tenant relationships. In this article, we’ll outline the most important landlord laws in Wisconsin.

You can find Wisconsin’s rental statutes in Chapter 704 of the Wisconsin Statutes and ATCP Chapter 134 of the Wisconsin Administrative Code. This article focuses on state-level regulations and is not exhaustive. Some cities may have additional rules. If you have questions about Wisconsin landlord-tenant law or need help resolving a dispute, consult an experienced real estate attorney familiar with Wisconsin landlord laws.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.

Wisconsin Quick Facts

Rights and Responsibilities of Wisconsin Landlords and Tenants

Wisconsin landlords and tenants both have important legal obligations and protections. Landlords must ensure their properties are safe and livable, while tenants are expected to follow lease terms and maintain the condition of their rental unit. These rights and responsibilities are outlined in both Wisconsin statutes and lease agreements, but lease terms are only enforceable if they comply with state law.

Below is a summary of the rights and responsibilities for both parties in Wisconsin:

Wisconsin landlords have the right to:

• Collect rent as agreed in the lease.
• Require a security deposit, typically limited to one month’s rent.
• Deduct from the security deposit for unpaid rent or property damage beyond normal wear and tear.
• Screen prospective tenants, provided screening practices comply with fair housing laws.
• Enter the rental unit for inspections, repairs, or showings with at least 12 hours’ advance notice.
• Evict tenants for nonpayment of rent, lease violations, or other lawful reasons following the proper legal process.

Wisconsin landlords are responsible for:

• Maintaining a safe, habitable rental unit that meets local building and health codes.
• Making necessary repairs in a timely manner.
• Complying with fair housing laws, which ensure non-discrimination based on race, color, religion, gender, national origin, familial status, disability, sexual orientation, marital status, and other protected classes.
• Returning the security deposit within 21 days of lease termination.
• Providing proper notice before entering the unit.
• Ensuring all systems are functional including heat, plumbing, and electric.

Wisconsin tenants have the right to:

• Live in a habitable property free from serious defects and safety hazards.
• Request repairs and maintenance when needed.
• Privacy and peaceful enjoyment of the unit.
• Receive proper notice of 12 hours before entry or eviction actions.
• Receive written notice of any nonstandard rental provisions that allow the landlord to withhold portions of the security deposit for reasons beyond standard damage or unpaid rent.
• Receive a copy of the rental agreement if one exists in writing. Landlords must provide a copy to the tenant upon request.

Wisconsin tenants are responsible for:

• Paying rent on time and in full.
• Following all lawful terms of the lease.
• Use the premises in a reasonable manner, including proper use of appliances and avoiding property damage.
• Notifying the landlord promptly of needed repairs.
• Avoiding illegal activity or lease violations.
• Avoiding damage and maintaining cleanliness of the premises, returning it in the same condition as received. Tenants are liable for damages caused by themselves, guests, or pets.
• Providing proper notice before moving out.

Wisconsin Required Disclosures

Required disclosures are pieces of information that Wisconsin landlords must provide to tenants before signing a lease agreement. These disclosures typically address property conditions, tenant rights, and landlord obligations.

Below are some of the main required disclosures in Wisconsin.

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
• Landlord/Agent Identification (WI Adm. Code § 134.04(1)). Landlords in Wisconsin are required to disclose, in writing, the name and address of the person responsible for managing and maintaining the premises, as well as the owner or person authorized to receive notices.
• Security Deposit Receipt (WI Adm. Code § 134.03(2)). Landlords must provide a written receipt for security deposits and any other payments accepted, unless the tenant pays by check.
• Move-In/Move-Out Checklist (WI Adm. Code § 34.06(1)). Before collecting a security deposit, the landlord must provide a written notice informing the tenant that they have seven days to inspect the premises for existing damages. The landlord must also notify tenants that they have the right to receive an itemized checklist of damages at move out, for which the landlord may withhold funds from the security deposit.
• Code Violations (WI Adm. Code § 134.04(2)). Landlords must disclose any building or housing code violations that would threaten a prospective tenant’s health or safety that they are aware of.
• Water, Heat, and Electricity Inclusions (WI Adm. Code § 134.04(2)). Landlords must disclose if a unit lacks hot or cold running water; if the heating facilities are not in safe working condition; if the unit does not have electricity; if the electricity, plumbing, or sewage disposal facilities are not in safe working condition; and any other structural conditions that present a health or safety hazard.
• Shared Utilities (WI Adm. Code § 134.04(3)). Landlords must disclose whether utility charges are included in the rent. If the utility charges are not included in the rent and the units and common areas of the property are not separately metered, the landlord must disclose how utility charges will be allocated among the units.
• Domestic Abuse Addendum (WI Stat. § 704.14). All residential rental agreements should include a notice regarding the legal protections for victims of domestic violence. The notice should be included as written in the Wisconsin state law code.

Additional Reading: Wisconsin Residential Lease Agreement

Wisconsin Rent and Fees Laws

Wisconsin has some restrictions when it comes to setting rent amounts or charging fees. While there is no statewide rent control and few limits on late or application fees, landlords must still follow certain guidelines, especially when tenants assert their right to withhold rent for habitability issues. Below are the laws Wisconsin landlords should know about rent, fees, and tenant remedies.

Rent Payments

• Due Date: There is no statute in Wisconsin specifying when rent should be due.
• Rent Increases: Rent control is banned in Wisconsin (WI Stat. § 66.1015).
• Grace Period: There is no mandatory grace period in Wisconsin.

Fees

• Application Fees: Wisconsin landlords may charge an application fee of up to $25 to cover the actual cost of obtaining a consumer credit report and background check (WI Stat. § 704.085).
• Late Fees: There are no statutory limits on late fees in Wisconsin.
• NSF/Bounced Check Fee Maximum: Wisconsin has no statutory limits on fees charged for a bounced rent check.

Tenant Remedies

• Withholding Rent: If the landlord refuses to eliminate a condition hazardous to the health or safety of the tenant, the tenant may either move out or take a rent abatement to match the extent to which the tenant is deprived of full normal use of the unit. Tenants may not withhold rent in full (WI Stat. § 704.07(4)).

Wisconsin Security Deposit Laws

Wisconsin law gives landlords flexibility in how they handle security deposits, but certain rules still apply. Below are the main laws Wisconsin landlords should follow when collecting, holding, and returning a tenant’s security deposit.

• Deposit Limit: There is no limit on security deposit amounts in Wisconsin.
• Interest: Landlords in Wisconsin are not required to pay interest on security deposits.
• Return Within: 21 days (WI Stat. § 704.28(4)).
• Deposit Location: Wisconsin landlords are not required to keep security deposits in a specific bank account or separate from other funds.
• Withholding: Wisconsin rental rights allow landlords to withhold funds from the security deposit to cover the costs of unpaid rent, tenant damage or neglect, other fees owed by the landlord, or another non-standard provision if it is described in the lease. The landlord may not withhold funds for normal wear and tear (WI Stat. § 704.28(1)).

Wisconsin Tenant Screening and Fair Housing Protections

What actions are considered housing discrimination?

Like all states, Wisconsin follows the Federal Fair Housing Act (Title 24 USC § 3601-3607), which prohibits discrimination in any aspect of housing. Housing discrimination occurs when a landlord takes an adverse action based on a tenant’s protected class during:

• Screening rental applications
• Approving or denying tenants
• Advertising or writing listings
• Setting rent or applying discounts
• Providing maintenance and services
• Terminating leases or initiating evictions
• etc.

What are the protected classes in Wisconsin?

Under the Federal Fair Housing Act, landlords may not discriminate based on:

• Race
• Color
• Religion
• Sex
• National origin
• Familial status
• Disability

In addition, the Wisconsin landlord laws (WI Stat. § 106.50) add further protections. Landlords in Wisconsin cannot discriminate based on:

• Age
• Ancestry
• Lawful source of income
• Marital status
• Sexual orientation
• Status as a victim of domestic abuse, sexual assault, or stalking

Violating Wisconsin's landlord laws can result in legal penalties, civil fines, and potential lawsuits.

Use of Credit Reports

Wisconsin landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.

Use of Criminal Histories

Criminal background checks may be used during tenant screening in Wisconsin. Wisconsin landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.

Additional Reading: Wisconsin Background Checks & Screening Online

Wisconsin Landlord Entry Laws

Wisconsin law outlines when and how landlords may legally enter a tenant’s rental unit. These landlord laws protect a tenant’s right to privacy while still allowing landlords to access the property for valid reasons such as repairs or inspections. Below are the main landlord entry laws that landlords and tenants should be aware of in Wisconsin.

• Advanced Notice: 12 hours (WI Adm. Code § 134.09(2)).
• Permitted Times: Wisconsin landlords may only enter at reasonable times. Acceptable reasons for entry include inspections, repairs, or showings (WI Stat. § 704.05, WI Adm. Code § 134.09(2)).
• Emergency Entry: In case of emergency, the landlord may enter without advanced notice (WI Stat. § 704.05(2)).

Wisconsin Eviction Notices

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Wisconsin, consider hiring an experienced real estate attorney and be sure to review the Wisconsin eviction process in more detail.

If you do pursue eviction in Wisconsin, the first step is to serve the tenant with a formal, written eviction notice. Wisconsin has different types of eviction notices, each tailored to specific situations such as nonpayment of rent, lease violations, or termination of a tenancy.

• Rent Demand Notice: 5 days to pay or quit. If the tenant fails to pay rent again within one year of the first time, the landlord may issue a 14-day notice to quit (WI Stat. § 704.17(2)(a)). What is a quit notice? A quit notice or “notice to quit” does not give the tenant an opportunity to cure the lease violation before being evicted.
• Notice for Lease Violation: 5 days to cure or quit. According to Wisconsin eviction laws, after the second violation, the landlord may issue a 14-day notice to quit before pursuing eviction (WI Stat. § 704.17(2)(b)).
• Unconditional Notice to Quit: 5 days to quit. This notice applies when the landlord receives notice from a law enforcement agency that the tenant is using the rental unit as a meeting place for a criminal gang or as a place to sell, make, or distribute a controlled substance (WI Stat. § 704.17(2)(c)).

Additional Reading: Wisconsin Eviction Process and Laws [2025]

Wisconsin Squatter's Rights

Squatters are individuals who occupy a property without the permission of the owner. In Wisconsin, removing a squatter typically requires going through the formal eviction process, similar to removing a tenant.

Wisconsin does not allow landlords to use self-help measures like changing the locks or shutting off utilities to remove squatters. Doing so can expose landlords to legal liability, including potential claims for unlawful eviction or tenant harassment. Even if the occupant never had a lease, landlords must still follow the court-approved process to regain possession of the property.

Squatters in Wisconsin may try to claim ownership of a property through adverse possession, but this is only possible if specific legal conditions are met. A squatter must occupy the property openly, continuously, exclusively, and without permission for a period of 20 years to make an adverse possession claim under WI Stat. § 893.25. If they have color of title or have paid property taxes, the required period may be shortened to 10 years under WI Stat. § 893.26.

Before pursuing eviction or responding to a squatter situation, Wisconsin landlords should consult with a qualified real estate attorney to ensure compliance with Wisconsin landlord laws.

Additional Reading: Wisconsin Squatter's Rights & Adverse Possession Laws [2025]

Other Laws and Facts About Wisconsin

• The current average rent rate in Wisconsin is $1,340 per month, according to Zillow.
• The average rent rate in Milwaukee is $1,300 per month, according to Zillow.
• Landlords and tenants in Wisconsin may agree to a Non-Standard Rental Provision that authorizes landlord entry under additional circumstances (besides inspections, repairs, or showings). However, the landlord still does not have an unconditional right of entry without the tenant’s permission (WI Adm. Code § 134.09(2)).

Conclusion

Understanding Wisconsin landlord laws is crucial for both landlords and tenants to ensure a smooth rental experience. These laws provide a structure for managing lease agreements, disclosures, habitability standards, security deposits, and eviction procedures. While Wisconsin is generally landlord-friendly, compliance with federal, state, and local regulations remains essential. With clear guidelines, Wisconsin landlord laws help protect the legal rights and responsibilities of all parties involved, ensuring a balanced and fair rental market. Familiarizing yourself with these laws can prevent disputes and promote effective property management.

FAQs

What makes Wisconsin a landlord-friendly state?

Wisconsin is considered landlord-friendly due to its lack of statewide rent control, flexible lease terms, and relatively fast eviction timelines. This makes it appealing to property owners, especially in growing urban and college towns.

Are there any rent control laws in Wisconsin?

No, rent control is banned in Wisconsin. Landlords have the flexibility to set and increase rent amounts according to their own policies.

How much notice must a landlord give before entering a rental unit in Wisconsin?

Landlords must provide at least 12 hours’ advance notice before entering a rental unit for inspections, repairs, or showings.

Can a Wisconsin landlord charge late fees?

Yes, there are no statutory limits on late fees in Wisconsin. Landlords are free to impose late fees as outlined in the lease agreement.

What are the required disclosures for Wisconsin landlords?

Landlords must provide disclosures about lead-based paint, agent identification, security deposit receipts, code violations, and utility inclusions. These disclosures are essential for tenant safety and awareness.

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

Security deposits must be returned within 21 days after the lease termination. Landlords must provide an itemized list of any deductions.

Can landlords in Wisconsin deny tenants based on criminal history?

Landlords in Wisconsin can consider criminal histories, but they must follow HUD recommendations. Blanket policies are discouraged; each applicant's situation should be assessed individually.

What are Wisconsin's tenant protections against housing discrimination?

Wisconsin follows the Federal Fair Housing Act, prohibiting discrimination based on race, color, religion, sex, national origin, familial status, and disability. Wisconsin law adds further protections, including age, sexual orientation, and source of income.

What is the process for evicting a tenant in Wisconsin?

Eviction begins with serving a formal notice. Types of notices include a rent demand notice, notice for lease violation, and an unconditional notice to quit. Legal proceedings should be followed precisely to ensure compliance.

How long must a squatter occupy a property to claim it through adverse possession in Wisconsin?

A squatter must occupy the property for 20 years openly and without permission to claim ownership through adverse possession. This period may be shortened to 10 years under specific conditions.

Free Downloads

1. Wisconsin Residential Lease Agreement Template
2. Wisconsin Quitclaim Deed
3. Wisconsin Lease Agreement Template
4. Wisconsin Month-to-Month Lease Agreement
5. Wisconsin Lease Termination Letter Form
6. Wisconsin Rental Application

Resources

1. Wisconsin Landlord-Tenant Laws
2. Wisconsin Eviction Process & Laws [2025]
3. Wisconsin Housing Market Trends & Forecast
4. Wisconsin Court System Law Center
5. State of Wisconsin Department of Agriculture, Trade and Consumer Protection
6. Real Estate Terms & Definitions