Wisconsin (WI) law guide
Wisconsin governs the landlord-tenant relationship primarily through **Chapter 704 of the Wisconsin Statutes** and the companion administrative rules in **ATCP 134**, enforced by the Department of Agriculture, Trade and Consumer Protection. The state places no cap on security deposit amounts, does not permit statewide rent control, and gives landlords a relatively fast five-day pay-or-vacate window before filing for eviction. Those features, combined with a clear 21-day deposit return rule and robust anti-retaliation protections for tenants, make Wisconsin a moderately landlord-friendly state that still maintains meaningful tenant safeguards.
Security deposit limit
No statutory cap
Deposit return deadline
21 days after vacancy
Statewide rent control
None
Nonpayment eviction notice
5-day pay-or-vacate
Wisconsin rental market snapshot
Population
~5.96 million (2024 ACS)
Renter households
~32% of households rent
Median rent
~$1,300 (2BR)
Largest rental markets
Milwaukee, Madison, Green Bay, Racine, Kenosha
Milwaukee and Madison anchor Wisconsin's rental market, where renters make up 59% and 53% of residents respectively, and median two-bedroom rents in Milwaukee hover near $1,300 while Madison commands closer to $1,750. The absence of rent control statewide means these market-rate gains are unchecked by local ordinance, reinforcing the importance of tenants understanding their deposit and notice rights under ATCP 134.
Wisconsin imposes no statutory maximum on the amount a landlord may collect as a security deposit, so landlords may charge whatever the rental market will bear. Despite this flexibility, once a tenancy ends the clock starts immediately: under Wis. Stat. § 704.28 and ATCP 134.06, landlords must return all funds, less any lawful withholdings, within 21 days of the later of the lease termination date or the date the premises are vacated. If the landlord re-rents the unit before the original lease term expires, the 21-day window begins when the new tenancy starts.
Permitted deductions include unpaid rent, tenant-caused physical damage beyond normal wear and tear, unpaid utility charges, and certain municipal permit fees expressly listed in a nonstandard rental provisions addendum. Crucially, routine carpet cleaning and repainting at the end of a normal tenancy are not deductible unless the tenant caused damage beyond ordinary use. Any withheld amount must be accompanied by a written itemized statement describing each deduction and its dollar amount. A landlord who fails to return the deposit and provide that itemization on time forfeits the right to retain any portion and may face liability for double damages plus attorney fees under Wisconsin consumer protection law.
Wisconsin law does not require landlords to hold deposits in a separate trust account or to pay interest on the funds, which distinguishes it from states such as Connecticut or New Jersey. Tenants who believe a landlord has improperly withheld funds can file a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection or pursue a small claims action in the county circuit court.
Wisconsin has no statewide rent control or rent stabilization law, and state law expressly preempts municipalities from enacting local rent control ordinances. Landlords may increase rent by any dollar amount and at any frequency, subject only to proper notice and the timing constraints of the existing lease agreement. This makes Wisconsin a true market-rate state where rent levels are driven exclusively by supply and demand.
For month-to-month tenancies, a landlord must deliver written notice of a rent increase at least 28 days before the new rate takes effect. The notice must state the new rent amount and the effective date; no specific form is mandated, but the writing requirement is firm. For fixed-term leases, rent cannot be changed during the lease term unless the parties agree in writing. At renewal, the landlord may propose any new amount by giving the tenant sufficient notice before the existing term expires.
Because neither Milwaukee nor Madison has a local rent stabilization program, renters throughout the state face uncapped annual increases. Tenants on month-to-month agreements should therefore review any written notice carefully: if the 28-day window is not honored, the increase is unenforceable for that rental period. A tenant who receives a retaliatory rent increase after complaining about habitability conditions retains a defense under ATCP 134.09, which prohibits retaliation in any form including economically coercive rent hikes.
Wisconsin uses a two-step eviction framework: notice first, then a court action under Chapter 799 small claims procedure. For nonpayment of rent on a monthly or yearly tenancy, a landlord must serve a written 5-day pay-or-vacate notice under Wis. Stat. § 704.17 giving the tenant the opportunity to cure the default by paying all overdue rent within five days. If the tenant pays in full, the tenancy continues. If the tenant fails to pay or vacate, the landlord may then file an eviction complaint in the county circuit court small claims division. A second nonpayment default within the same 12-month period triggers a 14-day unconditional termination notice, at which point the tenant has no right to cure by paying and must simply vacate.
For leases exceeding one year, the minimum nonpayment notice extends to 30 days. Evictions for other lease violations, such as unauthorized occupants or lease violations unrelated to rent, follow separate notice tracks under Wis. Stat. § 704.17(2)(b) and (3)(b), typically requiring a 5-day or 30-day cure-or-vacate notice depending on lease length. After proper notice has expired without compliance, the landlord files a summons and complaint, and a hearing is typically scheduled within 25 days. If the court rules for the landlord, a writ of restitution is issued and the sheriff carries out the physical removal.
Self-help eviction is strictly prohibited in Wisconsin. Landlords who change locks, remove doors or windows, shut off utilities, or remove tenant belongings without a court order violate both Wis. Stat. § 704.44(9) and ATCP 134.09(7). A tenant subjected to self-help eviction may sue for double damages as an unfair trade practice, making unlawful lockouts a costly mistake for landlords.
Wisconsin tenants are protected by an implied warranty of habitability requiring landlords to maintain rental units in a fit and livable condition throughout the tenancy. Under ATCP 134.04, a landlord must deliver possession of a unit that complies with local building and housing codes at the start of the tenancy, and must maintain that standard for the duration of the lease. Any promise by a landlord to make repairs before or during a tenancy must be made in writing with a completion date specified, and failure to complete promised repairs on schedule is an enforceable violation of state consumer protection rules.
Wisconsin's anti-retaliation provision under ATCP 134.09 prohibits landlords from terminating a tenancy, refusing to renew a lease, raising rent, or reducing services in response to a tenant exercising legally protected rights. Protected activities include reporting housing code violations to local authorities, joining or organizing a tenants union, and asserting any right granted by state law. A landlord who retaliates faces liability for actual damages plus attorney fees. Separately, ATCP 134.09(3) requires landlords to give at least 24 hours advance notice before entering an occupied unit for inspections, repairs, or showings except in genuine emergencies.
Tenants in Wisconsin also benefit from strong disclosure rules. Before a lease is signed, landlords must disclose known defects that affect habitability, any outstanding building or housing code violations, and the name and address of the property owner or authorized agent. The standard lease must not contain provisions that waive the tenant's right to a habitable dwelling or that shift liability for landlord negligence to the tenant; such clauses are void under ATCP 134.08. Tenants who believe a landlord has violated these rules may file a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection at no cost, seek mediation through many county dispute resolution centers, or pursue damages in small claims court.
This guide is general information, not legal advice. Governing statute: Wisconsin Statutes Chapter 704 (Landlord and Tenant). Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
Wisconsin FAQ
Wisconsin law gives landlords 21 days to return a security deposit after the tenant vacates or the lease term ends, whichever is later. If the unit is re-rented before the original lease expires, the 21-day clock starts when the new tenancy begins. Any withheld amounts must be accompanied by a written itemized statement, and failure to comply can cost the landlord the right to keep any portion of the deposit.
No. Wisconsin imposes no statutory cap on security deposit amounts. Landlords may charge as much as the market supports, though the deposit must be returned within 21 days and any deductions must be itemized in writing.
No. Wisconsin has no statewide rent control or rent stabilization law, and state law preempts cities and counties from enacting their own rent control ordinances. Landlords may raise rent by any amount, but must give at least 28 days written notice before a rent increase takes effect on a month-to-month tenancy.
For a month-to-month or year-long lease, a landlord must give a written 5-day pay-or-vacate notice under Wis. Stat. 704.17. The tenant has five days to pay the overdue rent in full or vacate. If this is the second nonpayment default within 12 months, the landlord may instead serve a 14-day unconditional termination notice giving the tenant no option to cure.
No. Self-help eviction is illegal in Wisconsin under Wis. Stat. 704.44(9) and ATCP 134.09(7). Changing locks, removing doors, shutting off utilities, or removing tenant belongings without a court order exposes a landlord to liability for double damages as an unfair trade practice. A landlord must file a formal eviction action in circuit court and obtain a writ of restitution before physically removing a tenant.
Under ATCP 134.09(3), a Wisconsin landlord must give the tenant at least 24 hours advance written or verbal notice before entering for inspections, repairs, or to show the unit to prospective tenants or buyers. In a genuine emergency, a landlord may enter without prior notice. Entry must still occur at a reasonable time of day.
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