Wisconsin Landlord-Tenant Laws

21 days

• Landlord must return the security deposit (or itemized statement of deductions) within 21 days
• The 21-day clock starts from: the lease termination date (if tenant vacates on time), the lease termination date or re-rental date (if tenant vacates early), or the date landlord learns tenant vacated (if tenant stays past lease end)
• Deposit must be delivered or mailed to the tenant's last known address
• If deductions are made, landlord must provide a written statement describing each item and the amount withheld
• Landlord must still return deposit within 21 days even if tenant fails to leave a forwarding address
• +2 more requirements

• Landlord may deduct only for: tenant damage/waste/neglect, unpaid rent, and unpaid utility charges
• Normal wear and tear cannot be deducted — routine painting and carpet cleaning are not chargeable
• Landlord must provide a written itemized statement describing each deduction and amount
• Landlord may not intentionally misrepresent or falsify any claim against the deposit
• Nonstandard deductions (e.g., lost key fee, late rent fee) require a separate signed 'Nonstandard Rental Provisions' document
• +3 more requirements

• Before accepting a deposit, landlord must notify tenant in writing of their right to inspect within 7 days of move-in
• Tenant may inspect the unit and notify landlord of any pre-existing damages or defects
• Tenant may also request a list of damages charged to the previous tenant's security deposit
• Landlord must provide the previous tenant's damage list within 30 days of request (or 7 days after notifying previous tenant, whichever is later)
• Tenant should keep a copy of the check-in sheet for their records
• +2 more requirements

• Landlord must serve a 5-day written notice to pay rent or vacate
• Tenant has the right to cure by paying the full rent owed within 5 days (day of service does not count)
• If tenant pays within 5 days, the tenancy continues and eviction cannot proceed
• If tenant fails to pay and does not vacate, landlord may file an eviction lawsuit in small claims court
• If tenant has already received a 5-day notice for nonpayment within the past 12 months, landlord may issue a 14-day notice with NO right to cure
• +3 more requirements

• Month-to-month tenancies require at least 28 days' written notice from either party to terminate
• The 28-day notice does not need to include a reason for termination
• The last day of the notice period must coincide with the last day of a rental period (typically end of month)
• Fixed-term leases end on their expiration date without notice required (unless the lease specifies otherwise)
• If the lease requires more than 28 days' notice, that longer period is enforceable
• +2 more requirements

• A tenant can only be removed after a court hearing and judge's ruling — never by landlord self-help
• Most Wisconsin evictions are filed in small claims court
• Once filed, the eviction appears on CCAP (public court records) for 2–10 years
• Tenant defenses include: landlord discrimination, failure to maintain the unit, retaliation for reporting violations
• Only the sheriff can execute a writ of restitution to physically remove the tenant
• +2 more requirements

• Tenant is responsible for routine minor repairs unless the lease assigns them to the landlord
• Tenant must comply with local housing code maintenance and sanitation requirements
• Tenant must keep the unit reasonably clean and not damage the premises
• Tenant must not commit waste (harmful or destructive use that decreases property value)
• Tenant must not disturb neighbors' peaceful enjoyment
• +1 more requirements

• Tenant must first provide written notice to the landlord specifying the needed repairs
• Landlord must make repairs within a reasonable time after receiving notice
• If landlord fails to repair, tenant may: report to local building/health inspector, sue for damages, or terminate the lease (for severe defects)
• Rent withholding is permitted only in very limited circumstances — Wisconsin does not have a broad rent withholding statute
• Tenant may report the defect to local building or health inspector without fear of retaliation
• +2 more requirements

• Landlord cannot change locks, remove tenant's belongings, or block entry without a court order
• Landlord cannot shut off utilities (water, heat, electricity) to force tenant out
• Self-help eviction is specifically prohibited under ATCP § 134.09(7)
• Only the sheriff can physically remove a tenant after a court-issued writ of restitution
• Tenant who is illegally locked out may: call the sheriff for immediate help, file a complaint with Consumer Protection (800-422-7128), and/or sue for double damages
• +2 more requirements

• Landlord may not evict a tenant for reporting housing code violations to inspectors or government agencies
• Landlord may not evict a tenant for calling law enforcement or emergency services for help (Wis. Stat. § 704.44(1))
• Landlord may not evict a victim of a crime committed on the property if they could not have prevented it
• Retaliation is a valid defense in an eviction proceeding
• Governed by ATCP § 134.09(5) and Wis. Stat. § 704.45

• Wisconsin does not impose a statutory cap on late fee amounts
• Late fees must be reasonable — unreasonable fees may be unenforceable
• Late fees must be specified in the rental agreement to be enforceable
• Landlord may NOT charge a fee for nonpayment of a late rent fee (no compounding fees)
• There is no mandatory grace period before a late fee can be charged
• +1 more requirements

• Written leases are not required — oral rental agreements are valid in Wisconsin
• If a written lease exists, landlord must give tenant opportunity to review before signing and provide a copy at signing
• Certain lease provisions are prohibited and make the entire lease void under Wis. Stat. § 704.44
• Prohibited provisions include: waiving habitability, waiving right to call 911, evicting crime victims, confessing judgment
• Leases must include domestic abuse protections per Wis. Stat. § 704.14
• +2 more requirements

• All residential leases must include notice of domestic abuse protections per Wis. Stat. § 704.14
• A lease without the required domestic abuse notice is void and unenforceable under Wis. Stat. § 704.44(10)
• A tenant who is a victim of domestic abuse, sexual assault, or stalking may terminate the lease early under the Safe Housing statute (Wis. Stat. § 704.16)
• Landlord cannot evict a tenant solely because they are a crime victim who could not have prevented the crime
• Tenants are protected by 'Good Samaritan' laws — cannot be prosecuted for calling for drug overdose help (Wis. Stat. § 961.443)
• +1 more requirements

• Nonstandard deductions from the deposit require a separate written document titled 'NONSTANDARD RENTAL PROVISIONS'
• Landlord must specifically identify each nonstandard provision with the tenant before the lease is signed
• Tenant must sign or initial each nonstandard provision for it to be enforceable
• Examples of nonstandard provisions: lost key fee, unpaid late rent fee, specific cleaning obligations
• Nonstandard provisions CANNOT authorize deductions for: routine painting, routine carpet cleaning, or normal wear and tear
• +2 more requirements