Wisconsin Landlord-Tenant Law
The rules for renting in Wisconsin — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Wisconsin
- Security deposit limit
- No statutory cap on the amount of a security deposit. Wis. Admin. Code ATCP 134.06; Wis. Stat. § 704.28
- Deposit return deadline
- 21 days. If the tenant leaves on the termination date, the clock starts on that date. If the tenant leaves or is evicted early, it starts on the termination date, or when a new tenancy begins if the landlord re-rents first. If the tenant leaves after the termination date, it starts when the landlord learns the tenant has left or been removed. Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06(2)
- Notice for unpaid rent
- Month-to-month/week-to-week: 5-day pay-or-vacate notice, or (month-to-month only) a 14-day notice to vacate with no right to cure. Lease of 1 year or less: 5-day pay-or-vacate; if the tenant was late within the past year, a 14-day notice to vacate. Lease over 1 year: 30-day notice to pay. Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a)
- Ending a month-to-month lease
- Landlord or tenant: written notice at least 28 days before the end of a rental period. If rent is paid less often than monthly, at least one rent period. Wis. Stat. § 704.19(3)
- Landlord entry notice
- At least 12 hours' advance notice, unless the tenant agrees to shorter notice. Entry is limited to reasonable times to inspect, repair, or show the unit. No notice is needed if the tenant requests or consents to the entry time, in a health or safety emergency, or if the tenant is absent and entry is reasonably needed to protect the premises. Wis. Admin. Code ATCP 134.09(2); Wis. Stat. § 704.05(2)
- Rent control / increase limits
- Preempted. No city, village, town, or county may regulate the amount of rent or fees charged for a residential rental unit. Inclusionary zoning is also prohibited. Wis. Stat. § 66.1015
Last verified against official sources: 2026-10-22
Security Deposits in Wisconsin
| Security deposit limit | No statutory cap on the amount of a security deposit. Rent prepaid beyond one month counts as a security deposit (ATCP 134.02(11)). |
|---|---|
| Deposit return deadline | 21 days. If the tenant leaves on the termination date, the clock starts on that date. If the tenant leaves or is evicted early, it starts on the termination date, or when a new tenancy begins if the landlord re-rents first. If the tenant leaves after the termination date, it starts when the landlord learns the tenant has left or been removed. The deposit may be delivered or mailed. A landlord who mails to the last known address is not in violation solely because the tenant left no forwarding address (ATCP 134.06(5)). |
| Itemized deductions | If anything is withheld, the landlord must give a written statement describing each item of damage or claim and the amount withheld for it, within the same 21-day deadline and by the same delivery method as the deposit. Normal wear and tear may never be deducted. Deductions not listed in § 704.28(1) are allowed only through a separate 'NONSTANDARD RENTAL PROVISIONS' document. Move-in: tenant gets a check-in sheet and 7 days to report existing damage (Wis. Stat. § 704.08; ATCP 134.06(1)(a)). On request, the landlord must list the damages charged to the prior tenant (ATCP 134.06(1)(b)). |
| Interest on deposits | Not required by state law. |
| Penalty for withholding | Twice the tenant's pecuniary loss, plus costs and reasonable attorney fees, for violations of ATCP 134 (including deposit rules). DATCP confirms 100.20(5) double damages apply to ATCP 134 violations (https://datcp.wi.gov/Pages/Publications/LT-TenantsRights143.aspx). Intentional violations may also carry criminal liability (State v. Lasecki annotation to § 704.28). |
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Eviction in Wisconsin
| Notice for unpaid rent | Month-to-month/week-to-week: 5-day pay-or-vacate notice, or (month-to-month only) a 14-day notice to vacate with no right to cure. Lease of 1 year or less: 5-day pay-or-vacate; if the tenant was late within the past year, a 14-day notice to vacate. Lease over 1 year: 30-day notice to pay. 'Rent' includes past-due rent and late fees (§ 704.17(1g)). Notice must be written and served under § 704.21. Proof of certified mailing is sufficient proof of notice (§ 799.40(1g)). |
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| Notice for lease violations | Periodic tenants and leases of 1 year or less: 5-day notice to remedy or vacate; for a repeat breach within one year, a 14-day notice to vacate with no cure. Lease over 1 year: 30-day notice to comply. Criminal or drug-related activity: 5-day notice to vacate, no cure. A tenant who promptly takes reasonable steps to cure, or makes a reasonable offer to pay damages, is treated as complying. Nuisance cases referred by law enforcement or a DA allow a 5-day notice to vacate. |
| Lockouts & utility shutoffs | Prohibited. Landlords may not exclude, forcibly evict, or constructively evict a tenant (including by cutting off heat, water, or electricity) except through ch. 799 court eviction. They also may not seize the tenant's property. A lease clause authorizing non-judicial eviction voids the lease. Remedy: double damages plus costs and reasonable attorney fees under Wis. Stat. § 100.20(5). |
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Notice to Vacate in Wisconsin
| Ending a month-to-month lease | Landlord or tenant: written notice at least 28 days before the end of a rental period. If rent is paid less often than monthly, at least one rent period. Termination is effective only at the end of a rental period. Notice with an inaccurate date is effective on the first proper date afterward (§ 704.19(5)). Source: Wis. Stat. § 704.19(3) |
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Landlord Entry in Wisconsin
| Landlord entry notice | At least 12 hours' advance notice, unless the tenant agrees to shorter notice. Entry is limited to reasonable times to inspect, repair, or show the unit. No notice is needed if the tenant requests or consents to the entry time, in a health or safety emergency, or if the tenant is absent and entry is reasonably needed to protect the premises. The landlord must announce their presence and identify themselves on request (ATCP 134.09(2)(d)). |
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Repairs & Habitability in Wisconsin
| Repair and deduct | No repair-and-deduct remedy. The landlord must keep the premises in reasonable repair, make structural repairs, keep landlord-supplied equipment working, and comply with local housing codes. These duties cannot be waived in a residential lease. Before signing a lease or taking a deposit, the landlord must disclose known, uncorrected code violations that pose a significant health or safety threat (§ 704.07(2)(bm)). Source: Wis. Stat. § 704.07(1)-(2) |
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| Withholding rent | Full rent withholding is not authorized while the tenant stays. If the unit becomes untenantable, or a landlord repair violation materially affects health or safety, rent abates to the extent the tenant loses full normal use. Alternatively, the tenant may move out unless the landlord promptly repairs, and owes no rent after the unit became untenantable. Abatement is not available if the tenant's negligence or misuse caused the condition. Source: Wis. Stat. § 704.07(4) |
| Retaliation protection | Landlord may not raise rent, decrease services, bring an eviction, refuse to renew, or threaten any of these because the tenant: complained in good faith about a defect to a public official or local code-enforcement agency, complained to the landlord about a § 704.07 or housing-code violation, or exercised a legal tenant right. ATCP 134.09(5) also protects joining or organizing a tenants' union, and a lease allowing retaliation for calling police, health, or safety services is void. No presumption period. The tenant must show by a preponderance of the evidence that the landlord would not have acted 'but for' retaliation. Eviction for nonpayment of rent is still allowed. |
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Rent Increases & Late Fees in Wisconsin
| Rent control / increase limits | Preempted. No city, village, town, or county may regulate the amount of rent or fees charged for a residential rental unit. Inclusionary zoning is also prohibited. Exceptions: units owned or operated by a municipality, county, housing authority, or WHEDA, and voluntary agreements with private owners. Source: Wis. Stat. § 66.1015 |
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| Late fees | No statutory cap. A late fee may be charged only if the rental agreement specifically provides for it. Prepaid rent must be applied before a late fee is charged, and no fee may be charged for not paying a late fee. Late fees on past-due rent count as 'rent' for termination notices (Wis. Stat. § 704.17(1g)). Source: Wis. Admin. Code ATCP 134.09(8) |
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Breaking a Lease in Wisconsin
| Ending a lease: domestic violence | Yes. A tenant may end the tenancy and move out if the tenant or the tenant's child faces an imminent threat of serious physical harm from another person and the tenant gives notice under s. 704.21 with a certified copy of a qualifying document: a domestic abuse, child abuse or harassment/stalking injunction, a no-contact bail condition, or a criminal complaint for stalking or a domestic abuse offense. Separately, a tenant who is a victim of sexual assault (or whose child is) may end the tenancy with notice under s. 704.21 and a certified copy of a harassment injunction against the person who committed, attempted or threatened the sexual assault, or a criminal complaint alleging the sexual assault; this ground does not require showing an imminent threat of serious physical harm. The tenant owes no rent after the end of the month following the month of notice or move-out, whichever is later (subject to the landlord's duty to mitigate). On request with the same documents, the landlord must change the locks (or allow the tenant to) within 48 hours at the tenant's cost. 2025 Wis. Act 90 (enacted March 6, 2026, published March 7, 2026) moved the sexual-assault criminal-complaint ground out of sub. (1) into new subs. (1m) and (2m), creating a stand-alone sexual-assault termination right (https://docs.legis.wisconsin.gov/2025/related/acts/90). Landlords must give a notice of domestic abuse protections (s. 704.14). Source: Wis. Stat. 704.16 |
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| Ending a lease: military, medical, death | Tenant death: the tenancy ends on the earlier of 60 days after the landlord learns of the death or the end of the lease term (periodic tenancies end 60 days after notice of death); the estate owes no rent after that, subject to mitigation, and the landlord may not seek the rent from family members who are not liable. Other adult tenants remain bound. No state statute found for military (beyond federal SCRA), medical/disability or senior moves. Military: ch. 704 section list checked; no military termination section. Source: Wis. Stat. 704.165 |
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Squatters & Abandoned Property in Wisconsin
| Squatters / unauthorized occupants | Entering or remaining in another's dwelling without consent of a person lawfully there (or, if no one is, of the owner), under circumstances tending to provoke a breach of the peace, is criminal trespass to a dwelling, a Class A misdemeanor, whether or not the dwelling is currently occupied. Every law enforcement agency must have a written policy requiring an officer with probable cause to arrest for this offense to remove the person from the dwelling. Belongings left by a removed trespasser (a non-tenant) must be held 7 days after discovery, then may be disposed of at the landlord's discretion (returned on request before disposal). No sworn-affidavit removal procedure; tenants must be evicted under ch. 799. All three provisions were created or amended by 2015 Wis. Act 176. 175.403 text: https://docs.legis.wisconsin.gov/document/statutes/175.pdf; 704.055: https://docs.legis.wisconsin.gov/document/statutes/704.pdf. |
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| Belongings left behind | If a tenant moves out or is evicted and leaves property, the landlord may presume it abandoned (absent a written agreement otherwise) and dispose of it in any manner it chooses, but only if the landlord gave written notice at lease signing or renewal that it will not store left-behind property; otherwise the older 2009 storage rules apply. Exceptions: prescription medication and medical equipment must be held 7 days; for a manufactured/mobile home or titled vehicle, the landlord must first give notice of intended disposal to the tenant and any known secured party (personally or by regular or certified mail). Sale proceeds, minus costs and storage, may be sent to the Department of Administration. The tenant or secured party may redeem before disposal by paying the landlord's expenses. Source: Wis. Stat. 704.05(5) |
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Rental Fees in Wisconsin
| Application / screening fees | A landlord may charge only its actual cost, up to $25, for a consumer credit report from a nationwide agency, must tell the applicant about the charge beforehand, and must give the applicant a copy. No charge is allowed if the applicant provides a nationwide-agency credit report less than 30 days old. Non-residents may be charged actual cost up to $25 for a background check (with notice and a copy). Earnest money deposits may be taken only after identifying the unit, and must be refunded by the end of the next business day if the application is rejected or withdrawn or not approved within 3 business days (or up to 21 days if agreed in writing). ATCP 134 text: https://docs.legis.wisconsin.gov/document/administrativecode/ch.%20ATCP%20134.pdf. Violations of ATCP 134 allow suit for twice the loss plus costs and attorney's fees (s. 100.20(5)). |
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| Other rental fees | No general junk-fee or total-cost-of-rent law. Limits: late rent fees only if specifically provided in the rental agreement, prepaid rent must be applied first, and no fee for not paying a late fee; lease clauses requiring the tenant to pay the landlord's attorney fees are prohibited (except court-awarded); utility charges not included in rent (and the allocation method if not separately metered) must be disclosed before signing or taking a deposit; credit-check fees capped at $25. |
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Section 8, Records & Right to Counsel in Wisconsin
| Section 8 / source of income | Partly. Wisconsin's open housing law bars housing discrimination based on 'lawful source of income,' but a federal appeals court held that federal rent vouchers (Section 8) are not clearly within that term, so voucher refusals are not clearly prohibited statewide. The official annotation to s. 106.50 summarizes Knapp as holding that federal rent vouchers are not clearly within 'lawful source of income.' Knapp is a federal court's reading of state law. Some cities and counties have their own fair housing ordinances, so check your local page. |
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| Eviction record sealing | No sealing or expungement statute for eviction records. The law instead sets minimum public display periods on the Wisconsin Circuit Court Access (CCAP) site: the director of state courts may not remove a non-sealed eviction case for at least 10 years if a writ of restitution was granted, or at least 2 years if the case was dismissed with no money judgment docketed. Created by 2017 Wis. Act 317; amended 2019 Wis. Act 123. Source: Wis. Stat. 758.20(2) |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. Not confirmed by a full read of ch. 799; some local programs (e.g., Milwaukee) exist but were not verified. Source: Wis. Stat. ch. 799 |
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Mold, Pests, Heat & AC in Wisconsin
| Mold | No statute — neither Wis. Stat. ch. 704 nor the rental-practices rule (ATCP 134) mentions mold. Mold is handled under the general repair duty (structural repairs, keeping equipment and landlord-controlled areas in repair, complying with any local housing code) and the pre-lease disclosure rule: before signing or taking a deposit, the landlord must disclose known uncorrected code violations that significantly threaten health or safety, and conditions that are a substantial hazard to the tenant's health or safety. A tenant may also use the untenantability remedies if the premises become unfit for occupancy. ATCP 134 text: https://docs.legis.wisconsin.gov/document/administrativecode/ch.%20ATCP%20134.pdf. Local housing codes may address mold or moisture. Statutes as published Oct. 1, 2026. |
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| Pests & bed bugs | No bed-bug-specific statute. If the premises are damaged by an infestation of insects or other pests caused by the tenant's acts or inaction, the landlord may let the tenant remediate or may do the work itself and charge the tenant the reasonable cost (materials, labor, and the landlord's time at a reasonable hourly rate). Infestations not caused by the tenant fall under the landlord's general repair and local housing-code duties. The landlord's cost is presumed reasonable unless the tenant proves otherwise. Source: Wis. Stat. 704.07(2), (3)(a) |
| Heat | Partly. The landlord must keep in reasonable repair any equipment it has expressly or impliedly agreed to provide to supply heat, and must comply with any local housing code. Before renting, the landlord must disclose if the heating facilities are not in safe operating condition or cannot maintain at least 67 degrees F (measured at the center of the room, midway between floor and ceiling) in all living areas during all seasons the unit may be occupied. The 67-degree figure is a disclosure standard, not a stand-alone minimum-temperature mandate; local housing codes (for example, in Milwaukee or Madison) may set enforceable minimums. |
| Air conditioning | No state requirement to provide air conditioning and no maximum indoor temperature. If the landlord has expressly or impliedly agreed to provide air conditioning, it must keep that equipment in a reasonable state of repair. Source: Wis. Stat. 704.07(2)(a)2. |
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Privacy, Guests & Animals in Wisconsin
| Cameras & privacy | No landlord-specific statute. It is a crime (Class A misdemeanor; felony if the victim is a minor) to knowingly install a surveillance device in a private place, or use one to observe there, with intent to observe a nude or partially nude person without consent; a 'private place' is anywhere a person may reasonably expect to be safe from being observed without knowledge and consent, and 'surveillance device' includes a peephole. It is also a crime to enter a common area of a multiunit dwelling and look into a unit for sexual gratification. Wisconsin is a one-party consent state for audio interception. Interception statute: https://docs.legis.wisconsin.gov/document/statutes/968.pdf. Landlord entry generally requires at least 12 hours' advance notice under ATCP 134.09(2). Source: Wis. Stat. 942.08; 968.31(2)(c) |
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| Guests & occupants | No statute — ch. 704 and ATCP 134 set no statewide occupancy limit and do not define when a guest becomes a tenant; the rental agreement governs, subject to local occupancy codes and fair-housing law (family status is protected under Wis. Stat. 106.50). A tenant may be evicted for criminal activity by members of the household or guests under certain conditions (Wis. Stat. 704.17(3m)). |
| Service & support animals (state law) | State fair housing law covers both trained assistance animals and emotional support animals (ESAs: animals that provide emotional support, comfort or companionship but are not trained to perform tasks). A landlord may not refuse to rent, evict, charge extra compensation, or harass because of a disability-related animal. For an ESA, the landlord may request reliable documentation of the disability and the disability-related need for the animal from a licensed health professional; for a trained animal it may request documentation as provided by statute. The tenant is liable for sanitation and damage caused by the animal. The animal may be refused if documentation is not provided, if it would impose an undue burden, or if the specific animal poses a direct threat or would cause substantial damage that cannot be reduced by another accommodation. Misrepresenting a disability or the need for an ESA to obtain housing carries a forfeiture of at least $500 (also for a health professional who misrepresents a patient's need). Federal Fair Housing Act rules also apply. |
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How eviction works in Wisconsin
Eviction cases are heard in: Circuit court, small claims procedure (Wis. Stat. ch. 799).
- Serve a written termination notice under ch. 704 (5-day, 14-day, 28-day, or 30-day, depending on tenancy and ground)
- File the summons and complaint in circuit court (small claims); the complaint must be served with the summons
- Return date is 5–25 days after the summons is issued; service must be at least 5 days before the return date
- Tenant may answer orally or in writing at the return date; if a defense is raised, a trial on possession must be completed within 30 days of the return date
- Order for judgment for restitution; court may stay the writ up to 30 days for hardship if the tenant pays rent owed and occupancy charges
- Writ of restitution delivered to the sheriff (must be received within 30 days of issuance)
- Sheriff executes the writ, removes the tenant and property, and returns the writ within 10 days of receiving it
Return date 5–25 days from issuance, with service at least 5 days before. Contested possession trial within 30 days of the return date. No adjournments without cause unless the landlord consents. Appeal within 15 days of the judgment.
Source: Wis. Stat. §§ 799.05(3)(b), 799.20(4), 799.27, 799.40–799.45
What surprises people about Wisconsin rental law
- A landlord who accepts past-due rent after serving notice or filing does not lose the eviction case (Wis. Stat. § 799.40(1m))
- Proceedings must be stayed up to 10 working days if the tenant applies for emergency assistance before a writ issues (Wis. Stat. § 799.40(4))
- Leases that make tenants pay the landlord's attorney fees, accelerate rent, or omit the required domestic-abuse-protections notice are void and unenforceable in full (Wis. Stat. §§ 704.44, 704.14; Koble Investments v. Marquardt, 2024 WI App 26)
- Routine carpet cleaning cannot be deducted from the deposit unless the tenant agreed to it in a separate NONSTANDARD RENTAL PROVISIONS document (Wis. Admin. Code ATCP 134.06(3))
- A tenant who stays after the tenancy ends owes at least twice the daily rental value for each day of holdover (Wis. Stat. § 704.27)
- An automatic-renewal clause is enforceable only if the landlord gives a separate written reminder 15–30 days before the tenant's notice deadline (Wis. Admin. Code ATCP 134.09(3))
- Tenants facing an imminent threat of serious physical harm, or who are sexual assault victims, may end the tenancy early with a certified copy of an injunction or criminal complaint (Wis. Stat. § 704.16, amended by 2025 Wis. Act 90)
- Local governments cannot enact rent control or inclusionary zoning (Wis. Stat. § 66.1015)
Federal law that also applies in Wisconsin
These federal rules apply on top of Wisconsin law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Wisconsin
These cities add their own tenant protections on top of state law:
Eviction by county in Wisconsin
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Milwaukee County (Milwaukee)
- Eviction in Dane County (Madison)
- Eviction in Waukesha County (Waukesha)
- Eviction in Brown County (Green Bay)
For landlords
How to evict a tenant in Wisconsin — steps, cost, timeline and forms.
Common Wisconsin questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Wisconsin compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Wisconsin | No statutory cap on the amount of a security deposit. Wis. Admin. Code ATCP 134.06; Wis. Stat. § 704.28 | 21 days. If the tenant leaves on the termination date, the clock starts on that date. If the tenant leaves or is evicted early, it starts on the termination date, or when a new tenancy begins if the landlord re-rents first. If the tenant leaves after the termination date, it starts when the landlord learns the tenant has left or been removed. Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06(2) | Month-to-month/week-to-week: 5-day pay-or-vacate notice, or (month-to-month only) a 14-day notice to vacate with no right to cure. Lease of 1 year or less: 5-day pay-or-vacate; if the tenant was late within the past year, a 14-day notice to vacate. Lease over 1 year: 30-day notice to pay. Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a) |
| Illinois | No statewide legal limit on the amount of a security deposit. Illinois AG fact sheet 'Landlord and Tenant Rights and Laws' (01/24) | If the landlord withholds anything for damage, an itemized statement with estimated or actual repair costs and paid receipts is due within 30 days after the tenant vacates (or possession ends, whichever is later); if no statement is given, the full deposit must be returned within 45 days after the tenant vacates. 765 ILCS 710/1 | Written demand giving not less than 5 days after service to pay; if unpaid, landlord may end the lease and file for eviction. To keep partial payments from invalidating the notice, it must state that only FULL PAYMENT waives the right to terminate. 735 ILCS 5/9-209 |
| Iowa | Two months' rent. Iowa Code § 562A.12(1) | Within 30 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the deposit or give a written statement of the specific reasons for withholding. If no address is provided within one year, the deposit reverts to the landlord. Iowa Code § 562A.12(3)-(4) | 3 days' written notice of nonpayment and of the landlord's intent to terminate if rent is not paid within that period. After that notice, no separate 3-day notice to quit is required before filing. Iowa Code § 562A.27(2); § 648.3(1) |
| Michigan | 1.5 months' rent MCL 554.602 | 30 days after the tenant's occupancy ends: landlord must mail an itemized notice of damages with the balance, or return the full deposit. If the landlord wants to keep any disputed amount it must sue within 45 days after termination of occupancy. MCL 554.609; MCL 554.610; MCL 554.613 | 7 days: written demand for possession (or written notice to quit) for nonpayment of rent before filing MCL 600.5714(1)(a); MCL 554.134(2); MCL 600.5716; MCL 600.5718 |
| Minnesota | No statewide cap on the amount of a security deposit. Minn. Stat. § 504B.178 | Within three weeks after the tenancy ends (and after the landlord receives the tenant's mailing address or delivery instructions), return the deposit with interest or give a written statement of reasons for withholding. Within 5 days if the tenant must leave because the building is legally condemned (unless the tenant's own willful, malicious, or irresponsible conduct caused it). Minn. Stat. § 504B.178, subd. 3 | Before filing an eviction for nonpayment of rent (residential), the landlord must deliver a written notice giving the tenant 14 days to pay. The notice must state the total due, an itemized accounting (rent, late fees, other charges), who is authorized to receive payment and where, and required statements about legal help and rental assistance. Delivery is personal or by first-class mail to the rental address. Minn. Stat. § 504B.321, subd. 1a |
Wisconsin landlord-tenant FAQ
How much can a landlord charge for a security deposit in Wisconsin?
No statutory cap on the amount of a security deposit. (Wis. Admin. Code ATCP 134.06; Wis. Stat. § 704.28)
How long does a landlord have to return a security deposit in Wisconsin?
21 days. If the tenant leaves on the termination date, the clock starts on that date. If the tenant leaves or is evicted early, it starts on the termination date, or when a new tenancy begins if the landlord re-rents first. If the tenant leaves after the termination date, it starts when the landlord learns the tenant has left or been removed. (Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06(2))
Does a landlord have to pay interest on a security deposit in Wisconsin?
Not required by state law. (DATCP, Tenants' Rights and Responsibilities)
Does a landlord in Wisconsin have to give an itemized list of deposit deductions?
If anything is withheld, the landlord must give a written statement describing each item of damage or claim and the amount withheld for it, within the same 21-day deadline and by the same delivery method as the deposit. Normal wear and tear may never be deducted. Deductions not listed in § 704.28(1) are allowed only through a separate 'NONSTANDARD RENTAL PROVISIONS' document. (Wis. Admin. Code ATCP 134.06(3)-(4); Wis. Stat. § 704.28(1)-(2))
What happens if a landlord in Wisconsin wrongfully keeps a security deposit?
Twice the tenant's pecuniary loss, plus costs and reasonable attorney fees, for violations of ATCP 134 (including deposit rules). (Wis. Stat. § 100.20(5); Wis. Stat. § 704.95)
How much notice does a landlord have to give before evicting for unpaid rent in Wisconsin?
Month-to-month/week-to-week: 5-day pay-or-vacate notice, or (month-to-month only) a 14-day notice to vacate with no right to cure. Lease of 1 year or less: 5-day pay-or-vacate; if the tenant was late within the past year, a 14-day notice to vacate. Lease over 1 year: 30-day notice to pay. (Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a))
How much notice is required to evict for a lease violation in Wisconsin?
Periodic tenants and leases of 1 year or less: 5-day notice to remedy or vacate; for a repeat breach within one year, a 14-day notice to vacate with no cure. Lease over 1 year: 30-day notice to comply. Criminal or drug-related activity: 5-day notice to vacate, no cure. (Wis. Stat. § 704.17(1p)(b), (2)(b), (3)(a), (3m))
How much notice is needed to end a month-to-month lease in Wisconsin?
Landlord or tenant: written notice at least 28 days before the end of a rental period. If rent is paid less often than monthly, at least one rent period. (Wis. Stat. § 704.19(3))
Can a landlord enter without notice in Wisconsin?
At least 12 hours' advance notice, unless the tenant agrees to shorter notice. Entry is limited to reasonable times to inspect, repair, or show the unit. No notice is needed if the tenant requests or consents to the entry time, in a health or safety emergency, or if the tenant is absent and entry is reasonably needed to protect the premises. (Wis. Admin. Code ATCP 134.09(2); Wis. Stat. § 704.05(2))
Is there a limit on late fees in Wisconsin?
No statutory cap. A late fee may be charged only if the rental agreement specifically provides for it. Prepaid rent must be applied before a late fee is charged, and no fee may be charged for not paying a late fee. (Wis. Admin. Code ATCP 134.09(8))
Can a tenant repair and deduct from rent in Wisconsin?
No repair-and-deduct remedy. The landlord must keep the premises in reasonable repair, make structural repairs, keep landlord-supplied equipment working, and comply with local housing codes. These duties cannot be waived in a residential lease. (Wis. Stat. § 704.07(1)-(2))
Can a tenant withhold rent for repairs in Wisconsin?
Full rent withholding is not authorized while the tenant stays. If the unit becomes untenantable, or a landlord repair violation materially affects health or safety, rent abates to the extent the tenant loses full normal use. Alternatively, the tenant may move out unless the landlord promptly repairs, and owes no rent after the unit became untenantable. (Wis. Stat. § 704.07(4))
Can a landlord retaliate against a tenant for complaining in Wisconsin?
Landlord may not raise rent, decrease services, bring an eviction, refuse to renew, or threaten any of these because the tenant: complained in good faith about a defect to a public official or local code-enforcement agency, complained to the landlord about a § 704.07 or housing-code violation, or exercised a legal tenant right. ATCP 134.09(5) also protects joining or organizing a tenants' union, and a lease allowing retaliation for calling police, health, or safety services is void. (Wis. Stat. § 704.45; Wis. Admin. Code ATCP 134.09(5); Wis. Stat. § 704.44(1m))
Is there rent control or a limit on rent increases in Wisconsin?
Preempted. No city, village, town, or county may regulate the amount of rent or fees charged for a residential rental unit. Inclusionary zoning is also prohibited. (Wis. Stat. § 66.1015)
Can a landlord change the locks or shut off utilities in Wisconsin?
Prohibited. Landlords may not exclude, forcibly evict, or constructively evict a tenant (including by cutting off heat, water, or electricity) except through ch. 799 court eviction. They also may not seize the tenant's property. A lease clause authorizing non-judicial eviction voids the lease. (Wis. Admin. Code ATCP 134.09(4), (7); Wis. Stat. § 704.44(2m))
What is the small claims court limit in Wisconsin for a deposit dispute?
$10,000 for money-only claims; rises to $15,000 effective January 1, 2027 (2025 Wis. Act 105). Evictions go to small claims regardless of the amount of rent claimed. (Wis. Stat. § 799.01(1)(a), (1)(d))
How do you remove a squatter in Wisconsin?
Entering or remaining in another's dwelling without consent of a person lawfully there (or, if no one is, of the owner), under circumstances tending to provoke a breach of the peace, is criminal trespass to a dwelling, a Class A misdemeanor, whether or not the dwelling is currently occupied. Every law enforcement agency must have a written policy requiring an officer with probable cause to arrest for this offense to remove the person from the dwelling. Belongings left by a removed trespasser (a non-tenant) must be held 7 days after discovery, then may be disposed of at the landlord's discretion (returned on request before disposal). No sworn-affidavit removal procedure; tenants must be evicted under ch. 799. (Wis. Stat. 943.14; 175.403; 704.055)
What can a landlord do with a tenant's abandoned property in Wisconsin?
If a tenant moves out or is evicted and leaves property, the landlord may presume it abandoned (absent a written agreement otherwise) and dispose of it in any manner it chooses, but only if the landlord gave written notice at lease signing or renewal that it will not store left-behind property; otherwise the older 2009 storage rules apply. Exceptions: prescription medication and medical equipment must be held 7 days; for a manufactured/mobile home or titled vehicle, the landlord must first give notice of intended disposal to the tenant and any known secured party (personally or by regular or certified mail). Sale proceeds, minus costs and storage, may be sent to the Department of Administration. The tenant or secured party may redeem before disposal by paying the landlord's expenses. (Wis. Stat. 704.05(5))
Is there a limit on rental application fees in Wisconsin?
A landlord may charge only its actual cost, up to $25, for a consumer credit report from a nationwide agency, must tell the applicant about the charge beforehand, and must give the applicant a copy. No charge is allowed if the applicant provides a nationwide-agency credit report less than 30 days old. Non-residents may be charged actual cost up to $25 for a background check (with notice and a copy). Earnest money deposits may be taken only after identifying the unit, and must be refunded by the end of the next business day if the application is rejected or withdrawn or not approved within 3 business days (or up to 21 days if agreed in writing). (Wis. Stat. 704.085; Wis. Admin. Code ATCP 134.05)
What rental fees are banned or limited in Wisconsin?
No general junk-fee or total-cost-of-rent law. Limits: late rent fees only if specifically provided in the rental agreement, prepaid rent must be applied first, and no fee for not paying a late fee; lease clauses requiring the tenant to pay the landlord's attorney fees are prohibited (except court-awarded); utility charges not included in rent (and the allocation method if not separately metered) must be disclosed before signing or taking a deposit; credit-check fees capped at $25. (Wis. Admin. Code ATCP 134.09(8); ATCP 134.08(4); ATCP 134.04(3); Wis. Stat. 704.085)
Can a domestic violence survivor break a lease in Wisconsin?
Yes. A tenant may end the tenancy and move out if the tenant or the tenant's child faces an imminent threat of serious physical harm from another person and the tenant gives notice under s. 704.21 with a certified copy of a qualifying document: a domestic abuse, child abuse or harassment/stalking injunction, a no-contact bail condition, or a criminal complaint for stalking or a domestic abuse offense. Separately, a tenant who is a victim of sexual assault (or whose child is) may end the tenancy with notice under s. 704.21 and a certified copy of a harassment injunction against the person who committed, attempted or threatened the sexual assault, or a criminal complaint alleging the sexual assault; this ground does not require showing an imminent threat of serious physical harm. The tenant owes no rent after the end of the month following the month of notice or move-out, whichever is later (subject to the landlord's duty to mitigate). On request with the same documents, the landlord must change the locks (or allow the tenant to) within 48 hours at the tenant's cost. (Wis. Stat. 704.16)
When can a tenant break a lease without penalty in Wisconsin?
Tenant death: the tenancy ends on the earlier of 60 days after the landlord learns of the death or the end of the lease term (periodic tenancies end 60 days after notice of death); the estate owes no rent after that, subject to mitigation, and the landlord may not seek the rent from family members who are not liable. Other adult tenants remain bound. No state statute found for military (beyond federal SCRA), medical/disability or senior moves. (Wis. Stat. 704.165)
Can an eviction record be sealed or removed in Wisconsin?
No sealing or expungement statute for eviction records. The law instead sets minimum public display periods on the Wisconsin Circuit Court Access (CCAP) site: the director of state courts may not remove a non-sealed eviction case for at least 10 years if a writ of restitution was granted, or at least 2 years if the case was dismissed with no money judgment docketed. (Wis. Stat. 758.20(2))
Can a landlord refuse Section 8 vouchers in Wisconsin?
Partly. Wisconsin's open housing law bars housing discrimination based on 'lawful source of income,' but a federal appeals court held that federal rent vouchers (Section 8) are not clearly within that term, so voucher refusals are not clearly prohibited statewide. (Wis. Stat. 106.50; Knapp v. Eagle Property Management Corp., 54 F.3d 1272 (7th Cir. 1995) (annotation))
Do tenants have a right to a free lawyer in eviction cases in Wisconsin?
No statewide right to counsel in eviction cases. (Wis. Stat. ch. 799)
What does a Wisconsin notice to pay rent or quit have to include?
Month-to-month (and week-to-week) tenants and tenants with leases of one year or less: written 5-day notice to pay rent or vacate; if the tenant had a prior rent default within one year (leases) or while in default (month-to-month), a 14-day notice to vacate may be used instead. 'Rent' includes past-due rent and late fees. Leases over one year: 30-day notice (s. 704.17(3), not re-read). The notice must be in writing and served by: personal delivery or leaving it with a family member 14 or older at the home; leaving it with a competent person in charge of or occupying the premises plus mailing; if those fail with reasonable diligence, posting conspicuously plus mailing; registered or certified mail; or service like a summons. An incorrect amount does not void the notice unless intentionally wrong or the tenant paid or tendered what they believed was due. Contrary lease terms are invalid (except leases over one year). (Wis. Stat. 704.17(1g), (1p), (2), (4), (4m), (5); 704.21(1))
What does a Wisconsin notice to end a month-to-month tenancy have to include?
Either party may end a periodic tenancy only by written notice, effective at the end of a rental period, given at least 28 days in advance (or at least one rent period if rent is paid more often than monthly). The notice may be formal or informal but must substantially inform the other party of the intent to terminate and the termination date; non-misleading errors do not void it. Landlord notices must be served by a s. 704.21 method (personal delivery, substitute service plus mail, posting plus mail if needed, registered/certified mail, or summons-style service). (Wis. Stat. 704.19(2)-(5); 704.21)
What must a Wisconsin security deposit itemization include?
Within 21 days (measured from lease end, re-rental, or when the landlord learns the tenant left, depending on the case), the landlord must deliver or mail the deposit less lawful withholdings. If anything is withheld, the landlord must include a written statement accounting for all amounts withheld, describing each item of damage or other claim and the amount withheld for each. Withholding is limited to tenant damage, unpaid rent, certain utility and municipal permit charges, and items in a separate signed 'NONSTANDARD RENTAL PROVISIONS' document; not for normal wear and tear. A landlord is not in violation solely because the post office could not deliver the mail. (Wis. Stat. 704.28; Wis. Admin. Code ATCP 134.06(2)-(5))
How long does a landlord have to sue for unpaid rent in Wisconsin?
6 years. An action on any contract, obligation or liability, express or implied (written or oral lease), must be commenced within 6 years after the cause of action accrues. (Wis. Stat. § 893.43(1))
Can a landlord accept rent during an eviction in Wisconsin?
No statute directly says whether accepting rent after a termination notice waives the eviction. Related statutory rules: after a lease expires, accepting rent for any later period (or other conduct showing intent to let the tenant stay) is an election to hold the tenant over as a periodic tenant, unless the landlord has already started proceedings to remove the tenant. For leases of one year or less, if a tenant who got a 5-day pay-or-vacate notice paid, or was permitted by the landlord to remain contrary to the notice, and defaults again within a year, the landlord may end the tenancy with a 14-day notice. (Wis. Stat. § 704.25(2)(c); § 704.17(2)(a); ch. 704 (checked))
Can you be evicted in the winter in Wisconsin?
No statute — Wisconsin's landlord-tenant chapter (ch. 704) and eviction chapter (ch. 799) contain no winter or cold-weather limit on evictions. (Wis. Stat. ch. 704; ch. 799 (checked))
Can a landlord give notice by text or email in Wisconsin?
A landlord's notice must be given by one of: (a) personal delivery to the tenant, or leaving a copy at the tenant's usual abode with a competent family member at least 14 who is told its contents; (b) leaving a copy with a competent person apparently in charge of or occupying the premises AND mailing a copy (regular or other mail) to the tenant's last-known address; (c) if (a) or (b) fails with reasonable diligence, posting a copy in a conspicuous place on the premises AND mailing a copy; (d) registered or certified mail to the last-known address; or (e) service as for a summons. Notice to one cotenant counts for all. Electronic delivery: a lease may allow electronic delivery only of the lease and related documents, security-deposit documents and accounting, pre-lease repair promises, and advance notice of entry — not termination notices. (Wis. Stat. § 704.21(1), (4); § 704.10)
How much notice is required for a rent increase in Wisconsin?
No statute sets a specific rent-increase notice period; the lease governs, and rent cannot be raised during a fixed term unless the lease allows it. A month-to-month (periodic) tenancy can be changed in practice only by ending it at the end of a rental period with at least 28 days' written notice (notice equal to the rent period if rent is paid more often than monthly). Rent increases in retaliation are barred. (Wis. Stat. § 704.19(2)-(3); § 704.45; ch. 704 (checked))
Does a landlord have to give a copy of the lease in Wisconsin?
Yes (administrative rule). Written rental agreements and landlord rules must be shown to a prospective tenant before the agreement is signed and before any earnest money or security deposit is taken, and copies must be given to the tenant at the time of agreement. At or before signing, the landlord must disclose in writing the name and address of the person authorized to collect rent and manage the premises and of the owner or other person authorized to accept service of process (an in-state address where personal service can be made), and keep this current. Every residential lease must also include the statutory Notice of Domestic Abuse Protections. A lease may provide for electronic delivery of the lease copy. (Wis. Admin. Code ATCP 134.03(1), 134.04(1); Wis. Stat. § 704.14; § 704.10(1))
What are tenants' rights in a foreclosure in Wisconsin?
No statute — neither the landlord-tenant chapter (ch. 704) nor the real estate foreclosure chapter (ch. 846) contains tenant-specific foreclosure protections. The federal PTFA (90-day notice; bona fide leases honored to term, with exceptions) governs. (Wis. Stat. ch. 704; ch. 846 (checked))
Does a landlord have to fix mold in Wisconsin?
No statute — neither Wis. Stat. ch. 704 nor the rental-practices rule (ATCP 134) mentions mold. Mold is handled under the general repair duty (structural repairs, keeping equipment and landlord-controlled areas in repair, complying with any local housing code) and the pre-lease disclosure rule: before signing or taking a deposit, the landlord must disclose known uncorrected code violations that significantly threaten health or safety, and conditions that are a substantial hazard to the tenant's health or safety. A tenant may also use the untenantability remedies if the premises become unfit for occupancy. (Wis. Stat. 704.07(2), (4); Wis. Admin. Code ATCP 134.04(2))
Who pays for pest control and bed bugs in Wisconsin?
No bed-bug-specific statute. If the premises are damaged by an infestation of insects or other pests caused by the tenant's acts or inaction, the landlord may let the tenant remediate or may do the work itself and charge the tenant the reasonable cost (materials, labor, and the landlord's time at a reasonable hourly rate). Infestations not caused by the tenant fall under the landlord's general repair and local housing-code duties. (Wis. Stat. 704.07(2), (3)(a))
Does a landlord have to provide heat in Wisconsin?
Partly. The landlord must keep in reasonable repair any equipment it has expressly or impliedly agreed to provide to supply heat, and must comply with any local housing code. Before renting, the landlord must disclose if the heating facilities are not in safe operating condition or cannot maintain at least 67 degrees F (measured at the center of the room, midway between floor and ceiling) in all living areas during all seasons the unit may be occupied. (Wis. Stat. 704.07(2)(a)2., 5.; Wis. Admin. Code ATCP 134.04(2)(b)2.)
Does a landlord have to provide air conditioning in Wisconsin?
No state requirement to provide air conditioning and no maximum indoor temperature. If the landlord has expressly or impliedly agreed to provide air conditioning, it must keep that equipment in a reasonable state of repair. (Wis. Stat. 704.07(2)(a)2.)
What can a landlord deduct from a deposit for cleaning or damage in Wisconsin?
A landlord may not withhold any amount from a security deposit for normal wear and tear, or for other losses the tenant cannot reasonably be held responsible for. Standard deductions are limited to tenant damage, waste or neglect; unpaid rent; certain unpaid utilities and municipal permit fees; and other items listed in a separate signed 'Nonstandard Rental Provisions' document. The official notes to the rule state that routine painting or carpet cleaning (absent unusual damage from tenant abuse) is normal wear and tear; a lease may require the tenant to pay for routine carpet cleaning, but the cost may not be collected in advance or deducted from the deposit. (Wis. Stat. 704.28(1)-(3); Wis. Admin. Code ATCP 134.06(3)(c) and notes)
Can a landlord put cameras in or around a rental in Wisconsin?
No landlord-specific statute. It is a crime (Class A misdemeanor; felony if the victim is a minor) to knowingly install a surveillance device in a private place, or use one to observe there, with intent to observe a nude or partially nude person without consent; a 'private place' is anywhere a person may reasonably expect to be safe from being observed without knowledge and consent, and 'surveillance device' includes a peephole. It is also a crime to enter a common area of a multiunit dwelling and look into a unit for sexual gratification. Wisconsin is a one-party consent state for audio interception. (Wis. Stat. 942.08; 968.31(2)(c))
Can a landlord limit guests or roommates in Wisconsin?
No statute — ch. 704 and ATCP 134 set no statewide occupancy limit and do not define when a guest becomes a tenant; the rental agreement governs, subject to local occupancy codes and fair-housing law (family status is protected under Wis. Stat. 106.50). (Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 (checked))
Can a landlord deny a service or emotional support animal in Wisconsin?
State fair housing law covers both trained assistance animals and emotional support animals (ESAs: animals that provide emotional support, comfort or companionship but are not trained to perform tasks). A landlord may not refuse to rent, evict, charge extra compensation, or harass because of a disability-related animal. For an ESA, the landlord may request reliable documentation of the disability and the disability-related need for the animal from a licensed health professional; for a trained animal it may request documentation as provided by statute. The tenant is liable for sanitation and damage caused by the animal. The animal may be refused if documentation is not provided, if it would impose an undue burden, or if the specific animal poses a direct threat or would cause substantial damage that cannot be reduced by another accommodation. Misrepresenting a disability or the need for an ESA to obtain housing carries a forfeiture of at least $500 (also for a health professional who misrepresents a patient's need). (Wis. Stat. 106.50(1m)(im), (2r)(bg), (2r)(br))
Official resources for Wisconsin
- DATCP – Tenants' Rights and Responsibilities
- Wis. Admin. Code ATCP 134.06 – Security deposits
- Wis. Admin. Code ATCP 134.09 – Prohibited practices
- Wis. Stat. ch. 704 – Landlord and Tenant (PDF)
- Wis. Stat. ch. 799 – Small Claims / Eviction (PDF)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.