Under Wisconsin law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under WI Statutes Chapter 704, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Wisconsin
In Wisconsin, landlords can’t legally rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Wisconsin’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Not Addressed | Not Addressed |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Sometimes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Wisconsin
Landlords must perform necessary repairs in a timely manner. In Wisconsin, landlords must complete repairs “promptly” after getting written notice from tenants.
If repairs aren’t made in a timely manner, Wisconsin tenants can withhold a percentage of the rent. Unlike most states, tenants can only sue the landlord if the landlord promises to make repairs and then fails to do so.
Tenant Responsibilities in Wisconsin
Aside from paying rent in a timely fashion, Wisconsin tenants must:
- Comply with all building and housing codes materially affecting health and safety
- Use all facilities, utilities, and appliances in a reasonable manner
- Repair or pay for repairs for any damage or infestation caused by the tenant
- Keep the unit within cleanliness standards
- Not disturb other tenants or neighbors
Evictions in Wisconsin
Landlords in Wisconsin may evict tenants for the following reasons:
- Lease Violation: A tenant can be evicted if they do not uphold their responsibilities under the terms of the lease. Wisconsin landlords are not required to allow their tenants to correct any lease violation, but it is customary to do so. For tenants who have written leases for a year or less they must be given either a 5-Day Notice To Comply or a 14-Day Notice To Quit. For tenants with written leases longer than one year, a landlord may issue a 30-Day Notice To Comply.
- No Lease / End of Lease: If a tenant remains on the rental property after the lease term has expired, the landlord may issue a notice to quit. The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week: 7-Day Notice To Quit.
- Month-to-Month: 28-Day Notice To Quit.
- Imminent Harm: If a tenant poses an imminent threat to another tenant (or a tenant’s child) and there is a protection order, a condition of release that prohibits contact with another tenant, or a criminal complaint against the tenant for sexual assault, stalking or domestic abuse, the landlord may issue a 5-Day Notice To Quit.
- Illegal Acts: If there is illegal activity on the premises, the landlord may issue a 5-Day Notice To Quit. The landlord is not required to give the tenant a chance to fix their behavior. Illegal activity includes criminal activity, drug-related activity, and violent acts that affect the health and safety of others.
At-will tenants are entitled to receive at least 28 days of advance notice before eviction. Landlords are also not permitted to evict tenants in retaliation or for discriminatory reasons.
Landlord Retaliation in Wisconsin
In Wisconsin, it’s illegal for landlords to retaliate by evicting, canceling an automatic lease renewal, reducing utility services, or any other act that’s constructively evicting a tenant who has taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Wisconsin
Collections amd Holdings: The following laws apply to the collection and holding of security deposits:
- Limit: None
- Inventory Requirement: In order to collect security deposits, landlords are required to notify tenants of their right to an initial inspection and provide a check-in sheet so they can document the condition of the rental unit
- Interest Requirement: None
- Receipt Requirement: Landlords must provide a receipt for the security deposit that includes the purpose of the payment and the amount
Returns and Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, damage excluding normal wear and tear, municipal permit fees, and charges outlined in the lease agreement as “Nonstandard Rental Provisions”
- Time Limit for Return: 21 days
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld plus court costs and attorneys’ fees
Lease Termination in Wisconsin
Notice Requirements: Tenants that wish to break a lease in Wisconsin must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 28 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 5 Days |
Early Termination: Wisconsin tenants are allowed to break a lease early for the following reasons:
- Early termination clause
- Active military duty
- Uninhabitable unit
- Landlord harassment
- Domestic violence
Cost of Breaking a Lease in Wisconsin
If a Wisconsin tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Wisconsin
Wisconsin does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Wisconsin does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Wisconsin state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Housing Discrimination in Wisconsin
Protected Groups: The Federal Fair Housing Act prohibits discrimination based on race, color, national origin, familial status, religion, sex, or disability. Wisconsin also has special protections based on ancestry, marital status, age, sexual orientation, and source of income. These rules do not apply to some owner-occupied homes or homes operated by religious organizations.
Discriminatory Acts and Penalties: The Wisconsin Department of Workforce Development’s Equal Rights Division handles housing discrimination cases. The following behaviors may be considered discriminatory when directed at a member of a protected class:
- Refusing to rent or sell on a bona fide offer
- Falsely claiming a unit is unavailable
- Offering different terms, conditions, or privileges
- Refusing to provide reasonable accommodations
- Steering tenants into certain buildings or neighborhoods
- Advertising that indicates discriminatory preferences
If you are a victim of housing discrimination, you can file a complaint online. If the complaint is found to be justified, then the tenant has grounds to file civil litigation.
Additional Landlord Tenant Regulations in Wisconsin
In addition to having laws that address general issues like repairs and security deposits, most states, including Wisconsin, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Wisconsin
Wisconsin landlords have the right to enter rental property for maintenance, inspections, and property showings. They must provide at least 12 hours’ notice before entering, except in emergencies. Unlike most states, Wisconsin requires written notice before a landlord’s entry.
Rent Collection and Related Fees in Wisconsin
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee
- Maximum Late Fee: No limit, except it must be reasonable
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent
- Rent Receipt: Landlords are required to provide receipts for payments made in cash that state the purpose and amount of the payment
Small Claims Court in Wisconsin
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. Wisconsin Small Claims Court is a division of Circuit Court. The process takes approximately two to four months.
Mandatory Disclosures in Wisconsin
Wisconsin landlords must provide these mandatory disclosures:
- Lead-Based Paint: For homes built before 1978, landlords must provide info about lead paint.
- Authorized Agents: Landlords must provide the names and addresses of all parties involved in owning and managing the property.
- Code Violations: Wisconsin landlords must disclose any past housing code violations.
- Habitability: Landlords must disclose any conditions of the rental unit that affect habitability, like a lack of hot running water.
- Utilities: If utilities aren’t included in the rent, the landlord must disclose this information to the tenant before entering the lease.
- Shared Utilities: Applicable to any building with submetering or shared utility meters.
- Check-In Checklist: A check-in checklist must be provided to any tenant that requests an initial inspection so they can document the condition of the rental unit.
- Preexisting Damage: Applicable to any unit that charges a security deposit. Landlords must provide notice to tenants that they have the right to inspect the dwelling for damage. Tenants can also request a list of damage or defects, if any, deducted from the previous tenant’s security deposit.
- Domestic Abuse: Landlords must provide a notice about the protection afforded to victims of domestic abuse.
- Nonstandard Provisions: Applicable to leases where a landlord and tenant agree on nonstandard provisions to include in the lease.
It is extremely important for a landlord to ensure that there are no lease provisions included which may void the rental agreement. Recent Wisconsin caselaw provides that a landlord relying on a voided lease must return to the tenant ALL rent payments across the entire tenancy.
Changing the Locks in Wisconsin
Wisconsin landlords are not allowed to unilaterally change the locks on their tenants, as this is a form of illegal “self help” eviction. Tenants can (at their own expense) require a lock change when they can prove a relevant criminal threat, but they are not allowed to change locks without the landlord’s permission.
Local Laws in Wisconsin
Many cities in Wisconsin have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Milwaukee Landlord Tenant Rights
Local ordinances in Milwaukee add discrimination protections for people based on their receipt of rental or housing assistance. There are also protections for gender identity/expression.
Madison Landlord Tenant Rights
Madison’s Equal Opportunities Ordinance prohibits discrimination in housing due to source of income, citizenship status, military discharge, physical appearance, student status, domestic partner status, history of homelessness or unemployment, and history of domestic abuse, sexual assault or stalking.
Sources
- 1 Koble v. Marquardt, App. No. 2022AP182 at 46 (Wi. App. April 23, 2024)
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…when a transaction [including a covenant to rent] is void, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount and shall be entitled to recover any sums paid to the merchant pursuant to the transaction.
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