Wisconsin Landlord-Tenant Law

As used in this chapter: (1) 'Landlord' means the owner, lessor, or sublessor of a dwelling unit. (2) 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. (3) 'Rental agreement' means all agreements, written or oral, and valid rules and regulations adopted under §704.04 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. (4) 'Periodic tenant' means a tenant who pays rent at fixed intervals such as week to week or month to month. (5) 'Dwelling unit' means a structure or part of a structure used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.

(1) Landlord's duty to maintain. Every landlord shall maintain the premises in a reasonable state of repair and comply with all applicable housing codes materially affecting health and safety. (2) Entry by landlord. A landlord may enter the dwelling unit only with the consent of the tenant or after giving the tenant at least 12 hours advance notice of the landlord's intent to enter. Entry may be at a reasonable time and only for the following purposes: (a) To inspect the premises; (b) To make necessary or agreed repairs, decorations, alterations, or improvements; (c) To supply necessary or agreed services; (d) To exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, or workmen. (2m) Nonstandard rental provisions. Any provision in a rental agreement which modifies the legal rights of the parties from what they would be under this chapter must be contained in a separate document titled 'Nonstandard Rental Provisions' and signed by both parties. (3) Landlord's liability. A landlord is not liable for defects caused by the tenant's negligence or misuse.

(2) Landlord obligations. The landlord shall: (a) Maintain the premises in a reasonable state of repair, fit for the use intended by the parties; (b) Keep in reasonable repair all equipment under the landlord's control necessary to supply services that the landlord has agreed to supply; (c) Comply with housing codes affecting health and safety. (3) Tenant remedy. If the landlord fails to make repairs within a reasonable time after receiving written notice of the condition, the tenant may: (a) Terminate the tenancy if the condition materially affects health or safety; (b) Apply to the court to have rent escrowed pending repairs; (c) Recover damages resulting from the breach. (4) Waiver. The landlord's duty under this section may not be waived by the tenant. Any provision in a rental agreement purporting to waive the landlord's obligations under this section is void.

(1) Transfer of landlord's interest. If a landlord transfers the property, the transferee takes subject to the rental agreement and the tenant's security deposit obligations transfer to the new owner. (2) Subletting. A tenant may not sublet without the landlord's consent if the rental agreement prohibits subletting or requires consent. If the landlord unreasonably withholds consent to a sublease, the tenant may be released from the rental agreement. (3) Assignment. A tenant may assign the rental agreement to a person qualified to rent the unit, subject to the same consent requirements as subletting.

(1) Breach by tenant. If a tenant is in breach of the rental agreement or fails to pay rent, the landlord's remedy is to commence eviction proceedings under Ch. 799. (2) Self-help eviction prohibited. A landlord may not take possession of a dwelling unit by removing the tenant's personal belongings, cutting off utilities, changing the locks, or taking any other action to exclude the tenant without first obtaining a court order. (3) Damages for illegal self-help. A tenant who is illegally dispossessed may recover the greater of: (a) Twice the actual damages; or (b) Two months' rent. Attorney's fees are also recoverable. (4) Mitigation. Upon termination of a tenancy, the landlord must make reasonable efforts to re-rent the unit to mitigate damages.

A landlord must disclose to a prospective tenant, before entering into a rental agreement, any building code violations that the landlord has actual knowledge of that: (a) Constitute a significant threat to the prospective tenant's health or safety; and (b) Have not been corrected. The disclosure must be in writing. A tenant who was not given a required disclosure may void the rental agreement within the first 12 months by giving 5 days written notice.

(1) A tenant who is a victim of domestic abuse, sexual assault, or stalking may terminate a rental agreement by giving 14 days' written notice to the landlord, accompanied by documentation of the abuse. (2) Documentation may include: (a) A copy of a domestic abuse injunction or foreign protective order; (b) A criminal complaint alleging domestic abuse, sexual assault, or stalking; (c) A written statement from a qualified third-party advocate, law enforcement officer, or healthcare provider. (3) A tenant who terminates under this section is not liable for rent beyond the 14-day notice period. (4) A landlord may not disclose information about a tenant's status as a victim or use it as a basis for refusing to rent.

(1) Tenant holding over. If a tenant remains in possession after the expiration of a lease without the landlord's consent, the landlord may bring an eviction action immediately without notice. (2) Breach during tenancy. (a) For failure to pay rent: landlord shall give a 5-day written notice requiring payment. If the tenant fails to pay within 5 days, the landlord may terminate. (b) For other breach: landlord shall give a 5-day written notice requiring cure. If the tenant fails to cure within 5 days, the landlord may terminate. (3) Breach for which no cure is possible. If the tenant commits a material breach that cannot be cured or commits the same or similar breach a second time within 12 months, the landlord may give a 30-day notice terminating the tenancy without opportunity to cure. (3m) Criminal activity. If the tenant, a member of the tenant's household, or a guest engages in criminal activity on the premises or in the immediate vicinity that constitutes an imminent threat to the health or safety of others, the landlord may give a 5-day unconditional termination notice.

(1) Year-to-year tenancy. A year-to-year tenancy may be terminated by either party by giving notice at least 28 days prior to the end of the lease year. (2) Other periodic tenancies. A periodic tenancy (including month-to-month) may be terminated by either party by giving written notice at least equal to the rental period, but not more than 28 days. (3) Tenancy at will. A tenancy at will may be terminated by either party by giving at least 28 days' written notice. (4) Effect of accepting rent. Acceptance of rent after notice has been given does not waive the notice unless the landlord expressly agrees in writing to waive it. Milwaukee exception: Month-to-month tenants in the City of Milwaukee may only be terminated for cause under MCO §200-51.5.

(1) If a tenant abandons a rental unit and leaves personal property behind, the landlord may dispose of it only after: (a) Making reasonable efforts to notify the tenant of the abandoned property; (b) Storing the property for at least 7 days after notice; (c) Providing the tenant an opportunity to retrieve the property. (2) Property of apparent value. If the abandoned property appears to have value of $500 or more, the landlord must notify the tenant by certified mail and store the property for at least 30 days. (3) Disposal proceeds. If the landlord sells abandoned property, any proceeds beyond the landlord's storage and disposal costs must be held for the tenant for at least 6 months. (4) Landlord liability. A landlord who improperly disposes of a tenant's property is liable for actual damages to the tenant.

(1) Permitted deductions. A landlord may deduct from a security deposit: (a) Unpaid rent; (b) Actual damages to the unit beyond normal wear and tear; (c) Other costs expressly permitted by the rental agreement. (2) Return deadline. The landlord shall return the security deposit, less any deductions, within 21 days after the end of the tenancy or the date the tenant vacates, whichever is later. (3) Itemization. If any amount is withheld, the landlord must provide a written, itemized statement of deductions. (4) Nonrefundable fees. A landlord may charge a nonrefundable fee (such as a cleaning fee) only if: (a) The fee is nonrefundable; (b) The purpose of the fee is stated in writing before the fee is charged; (c) The rental agreement identifies the fee as nonrefundable. (5) Move-in inspection. Before or at the start of the tenancy, the landlord must provide the tenant a checklist of the unit's condition. The tenant has 7 days to note any pre-existing conditions.

(1) A landlord may not retaliate against a tenant by increasing rent, decreasing services, bringing an eviction action, or engaging in any other conduct that has a materially adverse effect on the tenant because the tenant: (a) Reported a building, housing, or health code violation to a governmental authority; (b) Complained to the landlord about a habitability defect or code violation; (c) Exercised or attempted to exercise any right conferred by this chapter; (d) Participated or assisted in organizing a tenant union or similar organization; (e) Requested or received any inspection by a governmental authority. (2) Presumption. There is a rebuttable presumption that a landlord's conduct is retaliatory if the landlord acts within 90 days after a tenant engages in any of the protected activities listed in sub. (1). (3) Remedies. A tenant against whom retaliatory conduct is taken may: (a) Use retaliation as a defense to an eviction action; (b) Recover actual damages; (c) Recover reasonable attorney fees.

No county, city, town, village, or other local government unit may regulate the amount of rent charged for residential rental housing or impose any control on the rent charged for residential housing. Any ordinance, resolution, or other action by a local government unit to regulate rents is void. Nothing in this section prohibits a local unit of government from regulating the rent charged for housing that is receiving public assistance or is built with public funds.

(1) It is unlawful to discriminate against any person in the terms, conditions, or privileges of renting a dwelling unit, or in the provision of services or facilities in connection with renting, on the basis of: sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, lawful source of income, age, ancestry, or status as a victim of domestic abuse, sexual assault, or stalking. (2) Disability accommodation. A landlord must make reasonable accommodations in rules, policies, practices, or services, and must allow reasonable modifications to the dwelling, when necessary for a person with a disability to have equal opportunity to use and enjoy the unit. (3) Advertising. It is unlawful to advertise or publish any statement indicating a preference, limitation, or discrimination based on any protected class. (4) Exemptions. Limited exemptions apply for owner-occupied buildings with 2 or fewer units and certain senior housing communities.

Eviction actions in Wisconsin are brought as small claims actions under Ch. 799. Procedure: (1) Landlord files a Summons and Complaint for Eviction in the circuit court of the county where the property is located; (2) The court issues a summons; tenant must be served; (3) Initial appearance (return date) is scheduled, typically 8-14 days after filing; (4) If the tenant does not appear or fails to contest, the court may enter a default judgment; (5) If the tenant contests, a trial is scheduled within 30 days of the initial appearance; (6) If the landlord prevails, the court issues a Writ of Restitution; (7) The sheriff executes the writ and oversees the tenant's physical removal. Filing fee is approximately $94.50 (varies by county). Sheriff execution fees are additional.

ATCP 134 governs residential rental practices in Wisconsin and is enforced by the Department of Agriculture, Trade and Consumer Protection (DATCP). Key provisions: (1) Pre-tenancy disclosure of security deposit location (financial institution name); (2) Move-in condition checklist must be provided; tenant has 7 days to note pre-existing conditions; (3) Itemized security deposit accounting within 21 days; (4) Prohibited practices include misrepresenting available units, failing to disclose known defects, and charging fees not disclosed before the rental agreement; (5) Nonstandard provisions must be in a separate signed document; (6) Violations are subject to civil forfeiture of up to $10,000 per violation plus consumer restitution. Wrongful security deposit withholding entitles tenant to 2x the wrongfully withheld amount plus attorney fees under §100.20.

Within the City of Milwaukee, a landlord may not terminate or refuse to renew a month-to-month residential tenancy except for one of the following just causes: (1) Nonpayment of rent; (2) Violation of a substantial lease obligation that the tenant has failed to correct within the time allowed; (3) Damage to the property; (4) Criminal activity by the tenant on or near the premises; (5) The landlord seeks to occupy the unit for personal use; (6) The landlord intends to demolish the building or substantially rehabilitate it; (7) The landlord is required by government action to remove the unit from rental use. Notice requirements: 28 days for just-cause no-fault terminations; standard statutory notice for cause-based terminations.