Wisconsin Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in Wisconsin, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in Wisconsin. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | Wisconsin |
|---|---|
| Where these laws apply | Wisconsin's landlord-tenant statute (Chapter 704) and its residential rental practices rules (Administrative Code Chapter ATCP 134) apply statewide, with no county or population limit. The ATCP 134 rules do not cover institutional housing where occupancy is incidental to services such as detention or medical care, housing run by a fraternal or social organization for its members, a unit occupied by a buyer under a contract of sale, a unit such as a hotel, motel or boarding-house unit rented only to tourist or transient occupants, a unit provided free of charge or as pay to a current employee who operates or maintains the premises, a unit occupied by a tenant engaged in commercial agricultural operations on the premises, or a unit owned and operated by government. Chapter 704 does not apply to occupants or guests of a licensed campground or camping resort. Cities, villages, towns and counties may not add requirements on residential landlords about security deposits, earnest money or pre- or post-tenancy inspections beyond the state's residential rental practices rules. Wis. Admin. Code § ATCP 134.01; Wis. Stat. §§ 704.96(1), 66.0104(2)(b) |
| Security deposit limit | No limit set by Wisconsin Statutes Chapter 704 or Wisconsin Administrative Code Chapter ATCP 134. Rent paid in advance beyond 1 month's prepaid rent counts as part of the security deposit. Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (no provision); Wis. Admin. Code § ATCP 134.02(11) |
| Where deposits are held | No rule on where or how a deposit is held in Wisconsin Statutes Chapter 704 or Wisconsin Administrative Code Chapter ATCP 134. Immediately on accepting a security deposit or earnest money, the landlord must give a written receipt stating the nature and amount of the deposit; no receipt is needed for a payment by check noting its purpose, unless the tenant asks for one. Before accepting a security deposit, the landlord must tell the tenant in writing that, by a deadline at least 7 days after the tenancy starts, the tenant may inspect the unit and report existing damage or defects, and may ask for a list of damage or defects charged to the previous tenant's deposit. Wis. Admin. Code §§ ATCP 134.03(2)(a), 134.06(1)(a) |
| Returning the deposit | Within 21 days, the landlord must deliver or mail the deposit, minus allowed deductions. The 21 days run from the end of the lease if the tenant leaves on that date; if the tenant leaves or is evicted earlier, from the end of the lease or, if the unit is rented again first, the start of the new tenancy; and if the tenant leaves or is evicted after the end of the lease, from the date the landlord learns the tenant has left or been removed. If any part is withheld, the landlord must deliver or mail, within the same time, a written statement describing each item of damage or other claim and the amount withheld for each. Wis. Stat. § 704.28(4); Wis. Admin. Code § ATCP 134.06(2), (4)(a) |
| Deposit deductions | Only amounts reasonably necessary for tenant damage, waste or neglect; unpaid rent the tenant is legally responsible for; unpaid charges under the lease for utility service the landlord provides but does not include in the rent; direct utility service from a government-owned utility, or unpaid monthly municipal permit fees, to the extent the landlord becomes liable for the tenant's nonpayment; and other payments for a reason in a nonstandard rental provision. Nonstandard rental provisions must be given in a separate written document titled "NONSTANDARD RENTAL PROVISIONS" and specifically identified with the tenant before the lease is signed. Nothing may be withheld for normal wear and tear, or for other damage or losses the tenant cannot reasonably be held responsible for under applicable law. Wis. Stat. § 704.28(1)-(3) |
| Interest on deposits | Not required by Wisconsin Statutes Chapter 704 or Wisconsin Administrative Code Chapter ATCP 134. Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (no provision) |
| Landlord entry notice | Unless a writing signed by both says otherwise, the statute allows the landlord, on advance notice and at reasonable times, to inspect, make repairs or show the unit to prospective tenants or buyers, and to enter without notice when the tenant is absent and the landlord reasonably believes entry is needed to protect the premises. Except in the cases below, the rules allow entry during a tenancy only for those purposes, with advance notice of at least 12 hours unless the tenant, once told of the proposed entry, agrees to a shorter time. No notice is needed if the tenant, knowing the proposed time, asks for or agrees in advance to the entry; a health or safety emergency exists; or the tenant is absent and the landlord reasonably believes entry is necessary to protect the premises from damage. Entry in other circumstances is allowed only under a nonstandard rental provision given in a separate written document. The landlord must announce their presence before entering and identify themselves on request. Wis. Stat. § 704.05(1), (2); Wis. Admin. Code § ATCP 134.09(2) |
| Notice to end a month-to-month lease | Either the landlord or the tenant may end a periodic tenancy (year-to-year, month-to-month or any other period by which rent is regularly payable) or a tenancy at will only by written notice; at least 28 days' notice is required, except as below. A periodic tenancy ends only at the end of a rental period; for a year-to-year tenancy, that is the end of the rental year. If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is enough; agricultural year-to-year tenancies need at least 90 days' notice. No notice is needed if the parties expressly agreed on another way to end the tenancy, shown by clear and convincing proof, or if the tenancy ended by surrender of the premises. If a periodic tenant moves out without notice and does not pay rent when due, the tenancy ends on the first date it could have ended had the landlord been given proper notice on the day the landlord learns of the move. Wis. Stat. § 704.19(1)-(3), (6) |
| Rent-increase notice | No notice period in Wisconsin Statutes Chapter 704 or Wisconsin Administrative Code Chapter ATCP 134. A landlord in a residential tenancy may not raise rent if a preponderance of the evidence shows the increase would not occur but for retaliation against the tenant for a good-faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency, a complaint to the landlord about a violation of section 704.07 or a local housing code, or exercising a legal right relating to residential tenancies. This does not apply to complaints about defects caused by the negligence or improper use of the affected tenant. Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (no provision); Wis. Stat. § 704.45(1), (3) |
| Late fees | No limit on the amount of a residential late rent fee and no grace period in Wisconsin Statutes Chapter 704 or Wisconsin Administrative Code Chapter ATCP 134. A late rent fee or penalty may be charged only as specifically provided in the rental agreement. Before charging one, the landlord must apply all of the tenant's rent prepayments to the rent owed. No fee or penalty may be charged for not paying a late rent fee or penalty. Wis. Admin. Code § ATCP 134.09(8); Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (no provision) |
| Notice for unpaid rent | Notice must be in writing. A month-to-month or week-to-week tenant who does not pay rent when due may be given notice to pay or move out by a date at least 5 days later; a month-to-month tenancy may also be ended, while the tenant is behind on rent, by notice to move out by a date at least 14 days later. A tenant under a lease of one year or less, or a year-to-year tenant, may be given notice to pay or move out by a date at least 5 days later; if the tenant again pays late within one year of an earlier default for which notice was given, the landlord may, while the tenant is behind on rent, give notice to move out by a date at least 14 days later. A tenant under a lease of more than one year must be given at least 30 days to pay. For these notices, rent includes past-due rent and late fees owed on past-due rent. Wis. Stat. § 704.17(1g), (1p)(a), (2)(a), (3)(a), (4) |
| Rent control | Not allowed. Cities, villages, towns and counties may not regulate the amount of rent or fees charged for a residential rental unit. This does not stop a city, village, town, county, housing authority or the Wisconsin Housing and Economic Development Authority from regulating rent or fees in a rental agreement for a unit it owns or operates, or in an agreement with a private person. Wis. Stat. § 66.1015(1), (2) |
| Required landlord disclosures | In writing, at or before signing, the landlord must give the name and address of the person authorized to collect rent and manage the premises, and of the owner or another person authorized to accept legal papers for the owner, at an in-state address where papers can be served in person; changes must be sent in writing within 10 business days; this does not apply to an owner-occupied building with no more than 4 units. Before signing or accepting earnest money or a deposit, the landlord must disclose any uncorrected building or housing code violation the landlord actually knows of that affects the unit or a common area and significantly threatens the tenant's health or safety, and these conditions the landlord knows or could know of by reasonable inspection: no hot or cold running water, heating that is unsafe or cannot keep all living areas at 67 °F or more, no electricity or an unsafe electrical system, a structural or other substantial health or safety hazard, and plumbing or sewage facilities not in good operating condition. If water, heat or electricity is not included in the rent, the landlord must say so before signing or accepting a deposit, and must disclose how charges are split when units and common areas are not separately metered. A residential lease must include the statutory Notice of Domestic Abuse Protections, in the lease or an addendum. At move-in, the landlord must give a new residential tenant a check-in sheet, which the tenant has 7 days to complete and return. Wis. Admin. Code § ATCP 134.04; Wis. Stat. §§ 704.07(2)(bm), 704.14, 704.08 Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | 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 (18 or older) and ancestry. Sexual orientation, marital status, status as a victim of domestic abuse, sexual assault or stalking, lawful source of income, age and ancestry appear in Wisconsin's law but not in the federal list. Wis. Stat. § 106.50(1m)(am), (1m)(h), (2)(a); 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in Wisconsin listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in Wisconsin?
No limit set by Wisconsin Statutes Chapter 704 or Wisconsin Administrative Code Chapter ATCP 134. Rent paid in advance beyond 1 month's prepaid rent counts as part of the security deposit. See the source in the table above.
How long does a Wisconsin landlord have to return a security deposit?
Within 21 days, the landlord must deliver or mail the deposit, minus allowed deductions. The 21 days run from the end of the lease if the tenant leaves on that date; if the tenant leaves or is evicted earlier, from the end of the lease or, if the unit is rented again first, the start of the new tenancy; and if the tenant leaves or is evicted after the end of the lease, from the date the landlord learns the tenant has left or been removed. If any part is withheld, the landlord must deliver or mail, within the same time, a written statement describing each item of damage or other claim and the amount withheld for each. See the source in the table above.
How much notice must a Wisconsin landlord give before entering?
Unless a writing signed by both says otherwise, the statute allows the landlord, on advance notice and at reasonable times, to inspect, make repairs or show the unit to prospective tenants or buyers, and to enter without notice when the tenant is absent and the landlord reasonably believes entry is needed to protect the premises. Except in the cases below, the rules allow entry during a tenancy only for those purposes, with advance notice of at least 12 hours unless the tenant, once told of the proposed entry, agrees to a shorter time. No notice is needed if the tenant, knowing the proposed time, asks for or agrees in advance to the entry; a health or safety emergency exists; or the tenant is absent and the landlord reasonably believes entry is necessary to protect the premises from damage. Entry in other circumstances is allowed only under a nonstandard rental provision given in a separate written document. The landlord must announce their presence before entering and identify themselves on request. See the source in the table above.
How much notice ends a month-to-month lease in Wisconsin?
Either the landlord or the tenant may end a periodic tenancy (year-to-year, month-to-month or any other period by which rent is regularly payable) or a tenancy at will only by written notice; at least 28 days' notice is required, except as below. A periodic tenancy ends only at the end of a rental period; for a year-to-year tenancy, that is the end of the rental year. If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is enough; agricultural year-to-year tenancies need at least 90 days' notice. No notice is needed if the parties expressly agreed on another way to end the tenancy, shown by clear and convincing proof, or if the tenancy ended by surrender of the premises. If a periodic tenant moves out without notice and does not pay rent when due, the tenancy ends on the first date it could have ended had the landlord been given proper notice on the day the landlord learns of the move. See the source in the table above.
How much notice is required for a rent increase in Wisconsin?
No notice period in Wisconsin Statutes Chapter 704 or Wisconsin Administrative Code Chapter ATCP 134. A landlord in a residential tenancy may not raise rent if a preponderance of the evidence shows the increase would not occur but for retaliation against the tenant for a good-faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency, a complaint to the landlord about a violation of section 704.07 or a local housing code, or exercising a legal right relating to residential tenancies. This does not apply to complaints about defects caused by the negligence or improper use of the affected tenant. See the source in the table above.
How much can a Wisconsin landlord charge for late rent?
No limit on the amount of a residential late rent fee and no grace period in Wisconsin Statutes Chapter 704 or Wisconsin Administrative Code Chapter ATCP 134. A late rent fee or penalty may be charged only as specifically provided in the rental agreement. Before charging one, the landlord must apply all of the tenant's rent prepayments to the rent owed. No fee or penalty may be charged for not paying a late rent fee or penalty. See the source in the table above.
How much notice must a Wisconsin landlord give when rent is unpaid?
Notice must be in writing. A month-to-month or week-to-week tenant who does not pay rent when due may be given notice to pay or move out by a date at least 5 days later; a month-to-month tenancy may also be ended, while the tenant is behind on rent, by notice to move out by a date at least 14 days later. A tenant under a lease of one year or less, or a year-to-year tenant, may be given notice to pay or move out by a date at least 5 days later; if the tenant again pays late within one year of an earlier default for which notice was given, the landlord may, while the tenant is behind on rent, give notice to move out by a date at least 14 days later. A tenant under a lease of more than one year must be given at least 30 days to pay. For these notices, rent includes past-due rent and late fees owed on past-due rent. See the source in the table above.
Does Wisconsin have rent control?
Not allowed. Cities, villages, towns and counties may not regulate the amount of rent or fees charged for a residential rental unit. This does not stop a city, village, town, county, housing authority or the Wisconsin Housing and Economic Development Authority from regulating rent or fees in a rental agreement for a unit it owns or operates, or in an agreement with a private person. See the source in the table above.
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