Madison Landlord-Tenant Rules
Madison adds local rules on top of Wisconsin landlord-tenant law. Here is what is different, with the city code or agency page behind each rule.
| State preemption of local landlord-tenant rules | Wisconsin law limits what Madison can require of landlords. Cities may not restrict a landlord's use of a tenant's income, occupation, rental history, credit information, court records or ID, and may not add security deposit or check-in/check-out inspection rules. Cities also may not require landlords to give tenants information that state or federal law does not require, or to report tenant information to the city unless all property owners must provide it. Rental inspections are allowed only on complaint or through a designated-district program, inspection fees are capped, and rental licensing is barred except for basic owner and contact registration. Rent control is also preempted. Rent control preemption is covered on the Wisconsin state page. |
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| Local fair housing protected classes (incl. source of income) | Madison's Equal Opportunities Ordinance protects more classes than state or federal law. In housing these include source of income, receipt of rental assistance, student status, homelessness, physical appearance, political beliefs, citizenship status, genetic identity, gender identity, domestic partnership, unemployment, refusal to disclose a Social Security number, being a victim of domestic abuse, sexual assault or stalking, and being a building code complainant, along with the traditional classes. A housing complaint must be filed with the Department of Civil Rights within 365 days of the most recent incident, unless the discrimination is ongoing. The city page names the Equal Opportunities Ordinance but not its section number. MGO 39.03 is the section number used in city hearing decisions. State law (Wis. Stat. § 66.0104(2)(a)1) bars cities from limiting a landlord's use of a tenant's income or credit information. How that affects source-of-income enforcement was not verified. |
| Rent abatement for unrepaired code violations | If Building Inspection issues an Official Notice for a code violation that affects use of the unit and the owner misses the repair deadline, the tenant can apply for a temporary rent reduction. The tenant must first have asked the landlord to repair, filed a complaint, and allowed the inspection. The tenant must contact the Rent Abatement Clerk by the date on the eligibility letter, or eligibility is lost. The owner receives a default award and can request a hearing, and a Hearing Examiner sets the final amount. Awards are paid by the housing provider within 15 days and are applied first to any back rent. Tenants who caused the problem or blocked repairs are not eligible. RA Clerk: 608-266-4551 ext. 4, rentclerk@cityofmadison.com. The city posts a list of currently eligible addresses on this page. Source: MGO § 32.04 (Rent Abatement) |
| Retaliation | Housing providers may not retaliate against a tenant for complaining to Building Inspection, applying for rent abatement, or asking the landlord to fix a code violation. Examples of retaliation include non-renewal, an eviction filing, harassment, rent increases or refusing rent, reduced services, failing to make promised repairs, and charging fees. Any action taken within six months of a complaint may be treated as retaliation, and the landlord may have to prove otherwise. Cutting off or reducing water, electricity or heat is always prohibited. The Department of Civil Rights investigates (608-266-4910, dcr@cityofmadison.com). Choose 'Building Code Complainant' as the protected class. Source: MGO § 32.15 (Retaliation) |
| Rental property emergency contact registration | Every rental unit must have an emergency contact name and phone number on file with Building Inspection. Register once per parcel online, with no account needed, and update the information whenever it changes. Annual renewal has not been required since 2019. Owners who do not register get an Official Notice giving them 30 days to comply, followed by a $691 Municipal Court citation. Wisconsin bars general rental licensing (Wis. Stat. § 66.0104(2)(e)4), so this is a contact-information registration only. Source: MGO § 27.04(2)(k) |
| Habitability/code enforcement & complaint line | Tenants whose landlord is not making timely repairs can file a property complaint with the Building Inspection Division: 608-266-4551, BInspection@cityofmadison.com, 215 Martin Luther King Jr. Blvd., Suite 017 (Mon-Fri, 7:30 a.m. to 4:30 p.m., by appointment only). The page does not name the code chapter. Chapter 27 is the chapter cited for the emergency-contact rule. Source: MGO Ch. 27 (housing code) |
| Eviction diversion, legal help & rental assistance | The city refers tenants to the Eviction Diversion and Defense Partnership (EDDP), run by the Tenant Resource Center. It offers housing counseling, mediation, court navigation, short-term case management, referrals to partner attorneys for free representation, and very limited financial help. Eligibility: Dane County residents with household income at or below 50% of area median income who face an eviction filing or are at risk of eviction. The Tenant Resource Center also offers free landlord-tenant mediation and housing counseling, including in Spanish and Hmong. EDDP site: https://eddp.tenantresourcecenter.org/ (income limits shown there in 2026 were $44,100 for 1 person and $62,950 for 4). Funding sources and intake phone were not verified. |
Eviction cases in Madison are heard in: Dane County Circuit Court, Small Claims (Dane County Courthouse, Madison). A Dane County Bar Association volunteer attorney helps with eviction questions Tuesdays 9-11 a.m., Room L1022.
Right to a lawyer in eviction cases
No right to counsel. Free representation may be available through EDDP partner attorneys for Dane County households at or below 50% of area median income. Official source
Local agencies
- City of Madison Building Inspection Division — Housing code complaints and inspections, rent abatement, emergency contact registration. 608-266-4551.
- City of Madison Department of Civil Rights — Investigates housing discrimination (including source of income) and retaliation complaints. 608-266-4910.
- City of Madison Community Development Division — Lists tenant and landlord resources, including EDDP and mediation. 608-266-6520.
Frequently asked questions
What landlord-tenant rules does Madison add on top of Wisconsin law?
State preemption of local landlord-tenant rules: Wisconsin law limits what Madison can require of landlords. Cities may not restrict a landlord's use of a tenant's income, occupation, rental history, credit information, court records or ID, and may not add security deposit or check-in/check-out inspection rules. Cities also may not require landlords to give tenants information that state or federal law does not require, or to report tenant information to the city unless all property owners must provide it. Rental inspections are allowed only on complaint or through a designated-district program, inspection fees are capped, and rental licensing is barred except for basic owner and contact registration. Rent control is also preempted.; Local fair housing protected classes (incl. source of income): Madison's Equal Opportunities Ordinance protects more classes than state or federal law. In housing these include source of income, receipt of rental assistance, student status, homelessness, physical appearance, political beliefs, citizenship status, genetic identity, gender identity, domestic partnership, unemployment, refusal to disclose a Social Security number, being a victim of domestic abuse, sexual assault or stalking, and being a building code complainant, along with the traditional classes. A housing complaint must be filed with the Department of Civil Rights within 365 days of the most recent incident, unless the discrimination is ongoing.; Rent abatement for unrepaired code violations: If Building Inspection issues an Official Notice for a code violation that affects use of the unit and the owner misses the repair deadline, the tenant can apply for a temporary rent reduction. The tenant must first have asked the landlord to repair, filed a complaint, and allowed the inspection. The tenant must contact the Rent Abatement Clerk by the date on the eligibility letter, or eligibility is lost. The owner receives a default award and can request a hearing, and a Hearing Examiner sets the final amount. Awards are paid by the housing provider within 15 days and are applied first to any back rent. Tenants who caused the problem or blocked repairs are not eligible. RA Clerk: 608-266-4551 ext. 4, rentclerk@cityofmadison.com.; Retaliation: Housing providers may not retaliate against a tenant for complaining to Building Inspection, applying for rent abatement, or asking the landlord to fix a code violation. Examples of retaliation include non-renewal, an eviction filing, harassment, rent increases or refusing rent, reduced services, failing to make promised repairs, and charging fees. Any action taken within six months of a complaint may be treated as retaliation, and the landlord may have to prove otherwise. Cutting off or reducing water, electricity or heat is always prohibited. The Department of Civil Rights investigates (608-266-4910, dcr@cityofmadison.com). Choose 'Building Code Complainant' as the protected class.
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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.