Can I Sue My Landlord in Wisconsin?
Yes — in many situations. These are the main claims Wisconsin tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| 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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| 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)). |
Free Wisconsin security deposit demand letter
You were locked out or your utilities were cut off
| 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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Your landlord retaliated after you complained
| Landlord retaliation | 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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Your landlord won't make repairs
| 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) |
| 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. |
| 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. |
Free Wisconsin repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| 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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| 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) |
You were refused or treated differently because of Section 8 or other income
| Statewide ban on refusing 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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Other claims tenants bring in Wisconsin
| Constructive eviction (conditions forced you out) | No Wisconsin statute uses the term "constructive eviction," but state law lets a tenant move out when the unit becomes untenantable. If the premises become untenantable from fire, water or other casualty, from a condition hazardous to health, or from a substantial repair-duty violation materially affecting the tenant's health or safety, the tenant may move out unless the landlord promptly repairs, rebuilds or eliminates the hazard (or may move out anyway if the repair period would impose undue hardship). A tenant who justifiably moves out owes no rent after the premises became untenantable and gets back prepaid rent for that period. A tenant who stays may have rent abated to the extent the tenant loses normal use, but may not withhold all rent. Not available if the tenant's negligence or improper use caused the condition. The state consumer agency (DATCP) advises contacting a lawyer before moving out over unsafe or unlivable conditions, to avoid further financial obligation to the landlord (https://datcp.wi.gov/Pages/Publications/LT-TenantsRights143.aspx). Source: Wis. Stat. § 704.07(4) |
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| Injuries on the property | The landlord must make repairs needed to comply with local housing codes and keep the premises safe. A residential rental agreement is void and unenforceable if it says the landlord is not liable for property damage or personal injury caused by the landlord's negligent acts or omissions, or makes the tenant liable for personal injury from causes clearly beyond the tenant's control. Whether a landlord is liable for a particular injury is decided by the courts under negligence law. Talk to a lawyer about any injury claim — filing deadlines apply. |
Where and when to sue
| Small claims limit | $10,000 for money claims and replevin of property worth up to $10,000, rising to $15,000 on January 1, 2027 (2025 Wis. Act 105). Tort and personal injury claims are limited to $5,000. Evictions, earnest-money returns and certain real estate arbitration matters use small claims regardless of amount. Statutes as published October 1, 2026. Source: Wis. Stat. 799.01(1) |
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| Small claims filing fee | The statutory clerk's fee to start a small claims action is $22, rising to $39 on November 1, 2026 (2025 Wis. Act 179). Service by mail costs $2 per defendant, rising to $7 on November 1, 2026 (plus the certified-mail cost when certified mail is required). A counterclaim over the small claims limit requires paying the difference up to the regular civil filing fee. Check with the clerk of circuit court for the total amount charged. Source: Wis. Stat. 814.62(3)(a), (4) |
| Deadline to sue on a written lease | 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. Text from the 2023-24 Wis. Stats. as updated and certified Oct. 1, 2026. Source: Wis. Stat. § 893.43(1) |
How small claims court works in Wisconsin →
Tenant lawyers and free legal aid in Wisconsin · Wisconsin tenant rights · Suing a landlord in other states
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.