What a Landlord Cannot Do in Wisconsin
The main limits Wisconsin law puts on landlords — lockouts and utility shutoffs, entering without notice, retaliation, deposits, fees and discrimination — each with the statute or official source.
In short: a Wisconsin landlord cannot evict without a court order, cannot punish a tenant for asserting legal rights where state law protects them, and must follow the state's rules on entry, deposits and fees shown below.
| 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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| 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)). |
| 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. |
| 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)). |
| 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). |
| 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) |
| 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 |
| 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. |
| 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) |
| 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. |
Can I sue my landlord in Wisconsin? · All Wisconsin tenant rights
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.