Landlord Tenant Laws in Wisconsin (WI)
The information below is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice specific to your situation.
Wisconsin's landlord-tenant laws are governed by Wis. Stat. § 704.01 et seq.; ATCP 134. The state receives a tenant-friendliness grade of C (Moderate) based on deposit protections, eviction procedures, rent control status, habitability standards, and available tenant remedies. Wisconsin's ATCP 134 (Consumer Protection — Residential Rental Practices) provides significant tenant protections. Landlords must provide a check-in sheet. Nonstandard lease provisions must be disclosed. Rent withholding allowed through rent abatement.
Security Deposit Rules in Wisconsin
Wisconsin does not impose a statutory cap on security deposits, meaning landlords can charge any amount they choose. However, excessively high deposits may discourage prospective tenants and could be challenged in court as unconscionable. Landlords must return the deposit within 21 days after the tenant vacates, typically with an itemized list of any deductions for damages beyond normal wear and tear.
Eviction Process in Wisconsin
In Wisconsin, a landlord must provide 5 days' written notice before filing for eviction based on nonpayment of rent. This is a moderate notice period that balances the landlord's need for timely payment with the tenant's need for reasonable time to respond. For month-to-month tenancies, 28 days' notice is required to end the tenancy. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Wisconsin.
Tenant Rights in Wisconsin
Tenants in Wisconsin have robust remedies when landlords fail to maintain habitable conditions. Both rent withholding and repair-and-deduct are available, giving tenants meaningful leverage to compel necessary repairs. However, tenants must follow the proper legal procedure — typically providing written notice and allowing the landlord a reasonable time to make repairs — before exercising these remedies.
Rent Control in Wisconsin
Wisconsin has preempted local rent control, meaning cities and municipalities within the state are prohibited from enacting their own rent control ordinances. Landlords can raise rent by any amount with proper notice, subject only to anti-discrimination and anti-retaliation laws.
Landlord Obligations in Wisconsin
Landlords in Wisconsin are generally required to:
- Comply with building and housing codes affecting health and safety
- Maintain common areas in a clean and safe condition
- Keep electrical, plumbing, heating, and other systems in good working order
- Provide and maintain appropriate trash receptacles
- Supply running water and reasonable amounts of hot water
- Provide 12 hours notice before entering the rental unit (except emergencies)
- Return security deposits within 21 days with an itemized statement of deductions
- Follow proper legal procedures for eviction (no self-help evictions)
City-Specific Landlord-Tenant Information in Wisconsin
Many cities in Wisconsin have additional local ordinances or practices that affect landlord-tenant relationships. Below are notes for 3 major cities.
Milwaukee
Milwaukee follows state law. Has a housing code enforcement program and active tenant advocacy organizations.
Madison
Madison has additional local tenant protections including a rental inspection program.
Green Bay
Follows state law without local modifications.
Tenant-Friendliness Score Breakdown
Our scoring system evaluates each state across six categories of tenant protection. Wisconsin scores 46 out of 100, earning a grade of C (Moderate).
How Wisconsin Compares
Below is a comparison of Wisconsin with five states that have similar tenant-friendliness scores. This can help you understand where Wisconsin falls on the spectrum of tenant protections nationwide.
| State | Score | Grade | Deposit Limit | Eviction Notice | Rent Control |
|---|---|---|---|---|---|
| Wisconsin (WI) | 46 | C | No statutory limit | 5 days | Rent Control Preempted |
| Missouri (MO) | 47 | C | 2 months' rent | 10 days | Rent Control Preempted |
| Montana (MT) | 47 | C | No statutory limit | 3 days | Rent Control Preempted |
| Ohio (OH) | 47 | C | No statutory limit | 3 days | Rent Control Preempted |
| Kansas (KS) | 44 | D | 1 month's rent (unfurnished); 1.5 months (furnished) | 3 days | Rent Control Preempted |
| Nevada (NV) | 44 | D | 3 months' rent | 7 days | Rent Control Preempted |
Frequently Asked Questions About Wisconsin Landlord-Tenant Laws
How much can a landlord charge for a security deposit in Wisconsin?
In Wisconsin, the security deposit limit is No statutory limit. The landlord must return the deposit within 21 days after the tenant moves out, along with an itemized list of any deductions.
How many days notice before eviction in Wisconsin?
For nonpayment of rent, Wisconsin requires 5 days notice before a landlord can file for eviction. For lease termination without cause, 28 days notice is typically required. The actual court process takes additional time.
Can I withhold rent in Wisconsin if my landlord won't make repairs?
Yes, Wisconsin allows tenants to withhold rent for habitability issues after providing written notice and allowing reasonable time for repairs.
Does Wisconsin have rent control?
No, Wisconsin prohibits local rent control ordinances. Landlords can raise rent by any amount with proper notice.
How much notice must a landlord give before entering in Wisconsin?
Landlords in Wisconsin must give 12 hours notice before entering, except in emergencies.
Relevant Statutes
The landlord-tenant laws of Wisconsin are primarily found in Wis. Stat. § 704.01 et seq.; ATCP 134. These statutes cover security deposits, lease requirements, eviction procedures, landlord obligations, and tenant remedies. For the most current version of the law, consult your state legislature's website or a qualified attorney.
Explore More States
Use our landlord-tenant law lookup tool to quickly find laws for any state, or browse all 50 states compared side-by-side. Remember that local city ordinances may provide additional protections beyond what state law requires.
This information is provided for educational purposes only and is not legal advice. Consult a qualified attorney for legal guidance on your specific situation.