Milwaukee Landlord-Tenant Rules
Milwaukee 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 bars cities from limiting landlords' use of tenant income, occupation, rental history, credit, court or arrest records, or ID. Cities also cannot add security deposit or check-in/check-out inspection rules, require landlords to give tenants information not required by state or federal law, or require landlords to report tenant information to the city unless it is required of all property owners. Cities may not require rental inspections except on complaint or through a designated-district inspection program, and inspection fees are capped. Rent control is also preempted. Rent control preemption is covered on the Wisconsin state page. |
|---|---|
| Local fair housing protected classes (incl. source of income) | Milwaukee's Equal Rights ordinance bans housing discrimination based on sex, race, religion, color, national origin or ancestry, age, disability, lawful source of income, marital status, sexual orientation, gender identity or expression, being a victim of domestic abuse or sexual assault, protective hairstyle, past or present military service, HIV status, domestic partnership, genetic identity, homelessness and familial status. 'Source of income' means lawfully derived, verifiable income, including public assistance, pensions and SSI. The definitions section number (109-5) is inferred from the chapter layout. The Equal Rights Commission enforces this chapter. |
| Property registration | Owners of all non-owner-occupied residential and all commercial property must register ownership contact information with the Department of Neighborhood Services. Current rates are $101.60 per tax key if filed within 15 days of a title transfer, and $177.80 if filed 16 or more days after. Contact (414) 286-8569. In 2016, Ord. 160162 (https://webapi.legistar.com/v1/milwaukee/matters/43830) repealed the residential rental certificate program. It limited registration to the owner's name and an authorized contact, consistent with Wis. Stat. § 66.0104(2)(d)2. |
| Rental property inspection program (new) | In September 2026 the Common Council passed a 5-year pilot letting it designate rental inspection districts in areas with blight, high code-complaint rates, falling property values or rising home-to-rental conversions. Rentals in a district get an initial inspection. Owners have at least 30 days to fix violations, or less if there is imminent danger. If they pass or fix in time, they are not inspected again for 5 years. Units less than 8 years old are exempt, and units cannot be entered without the occupant's consent or a special inspection warrant. The mayor's signature, the effective date, and any designated districts were not verified. |
| Rent withholding (escrow) | If an owner fails to comply with a DNS order to correct code violations by its deadline, DNS can notify the tenant in writing, and the tenant may then pay rent into a city-designated escrow account. Exterior-painting orders are excluded unless they are lead-hazard orders. DNS may use escrowed funds to correct violations and may release one month's rent to a tenant for relocation. This is the 2007 amendment text. Later amendments were not checked. |
| Habitability/code enforcement & complaint line | Tenants should first ask the landlord to make repairs. If the landlord does not respond, call DNS at (414) 286-2268 (Mon-Fri, 8 a.m. to 4:30 p.m.) or file online through Click for Action. Emergencies such as no water are usually answered within 24 hours. Other complaints are usually inspected within 2 to 7 days. |
Eviction cases in Milwaukee are heard in: Milwaukee County Circuit Court, Small Claims (evictions under Wis. Stat. ch. 799)
Eviction court, fees and help
Right to a lawyer in eviction cases
County-level program. On June 24, 2021 the Milwaukee County Board adopted a measure declaring a right to counsel for residents facing eviction or foreclosure and funding an 18-month pilot. Eviction Free MKE, with Legal Aid Society of Milwaukee, provides it. Current eligibility rules (ZIP code and income) and whether it is legally enforceable were not verified. Official source
Local agencies
- Department of Neighborhood Services (DNS) — Housing code complaints and inspections, rent withholding, property registration. (414) 286-2268.
- Milwaukee Equal Rights Commission — Enforces Chapter 109 anti-discrimination protections, including lawful source of income.
Frequently asked questions
What landlord-tenant rules does Milwaukee add on top of Wisconsin law?
State preemption of local landlord-tenant rules: Wisconsin bars cities from limiting landlords' use of tenant income, occupation, rental history, credit, court or arrest records, or ID. Cities also cannot add security deposit or check-in/check-out inspection rules, require landlords to give tenants information not required by state or federal law, or require landlords to report tenant information to the city unless it is required of all property owners. Cities may not require rental inspections except on complaint or through a designated-district inspection program, and inspection fees are capped. Rent control is also preempted.; Local fair housing protected classes (incl. source of income): Milwaukee's Equal Rights ordinance bans housing discrimination based on sex, race, religion, color, national origin or ancestry, age, disability, lawful source of income, marital status, sexual orientation, gender identity or expression, being a victim of domestic abuse or sexual assault, protective hairstyle, past or present military service, HIV status, domestic partnership, genetic identity, homelessness and familial status. 'Source of income' means lawfully derived, verifiable income, including public assistance, pensions and SSI.; Property registration: Owners of all non-owner-occupied residential and all commercial property must register ownership contact information with the Department of Neighborhood Services. Current rates are $101.60 per tax key if filed within 15 days of a title transfer, and $177.80 if filed 16 or more days after. Contact (414) 286-8569.; Rental property inspection program (new): In September 2026 the Common Council passed a 5-year pilot letting it designate rental inspection districts in areas with blight, high code-complaint rates, falling property values or rising home-to-rental conversions. Rentals in a district get an initial inspection. Owners have at least 30 days to fix violations, or less if there is imminent danger. If they pass or fix in time, they are not inspected again for 5 years. Units less than 8 years old are exempt, and units cannot be entered without the occupant's consent or a special inspection warrant.
← All Wisconsin landlord-tenant rules
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.