Wisconsin (WI) law guide
Quick answer
Wisconsin sets no cap on security deposits, but landlords must return the deposit within 21 days of move-out with an itemized statement. The state bans local rent control and requires 28 days written notice before any rent increase. Landlords must serve a 5-day written notice to pay or vacate before filing for eviction due to nonpayment of rent.
Security deposit limit
No statutory cap
Deposit return deadline
21 days after move-out
Statewide rent control
Banned statewide; no local ordinances allowed
Nonpayment eviction notice
5-day written notice to pay or vacate
Wisconsin rental market snapshot
Population
5.9 million
Renter households
~33% of households statewide (59% in Milwaukee, 53% in Madison)
Median rent
~$1,442/mo for a 2BR statewide (2025 estimate)
Largest rental markets
Milwaukee, Madison, Green Bay, Kenosha, Racine
Milwaukee and Madison drive most of Wisconsin's rental activity, with renter-majority populations; Milwaukee averages about $1,300/mo for a 2BR, while Madison skews higher at $1,500 to $2,000/mo for most units.
Wisconsin imposes no statutory limit on the security deposit amount a landlord may collect. In practice, most landlords charge one to two months rent.
Landlords must return the deposit within 21 days after the tenant vacates, along with a written itemized statement of any deductions. Missing the deadline forfeits the right to any deductions, and a court can award the tenant double the wrongfully withheld amount plus attorney fees.
Wisconsin bans rent control statewide and also prohibits cities and counties from enacting their own rent control ordinances. Landlords may raise rent by any amount, as long as proper notice is given.
Landlords must provide 28 days written notice before a rent increase takes effect. There is no state cap on late fees, but fees must be disclosed in the lease and must be reasonable.
For nonpayment of rent, a landlord must give a 5-day written notice to pay or vacate. The tenant can stop the eviction by paying in full within those 5 days.
For a lease violation other than nonpayment, the landlord must give a 5-day notice to cure (fix the violation) or vacate. A 14-day notice to vacate with no cure option applies for serious violations such as property damage or criminal activity. Holdover tenants receive a notice equal to the rental period (typically 28 days for month-to-month tenancies).
Landlords must give at least 12 hours advance notice before entering a rental unit for inspections, repairs, or showings. Entry is allowed in emergencies without notice.
If a landlord fails to make necessary repairs within a reasonable time after written notice, tenants may arrange repairs and deduct the cost from rent, up to one month's rent. The tenant must give at least 14 days written notice before exercising this repair-and-deduct right.
Wisconsin landlords must maintain rental units in a habitable condition, including working heat, plumbing, and structural safety. This duty cannot be waived in a lease.
Landlords may not retaliate against a tenant for reporting code violations, contacting a government agency, or joining a tenant organization. Retaliation includes raising rent, cutting services, or filing a retaliatory eviction. A court can award damages if retaliation is proven.
Wisconsin prohibits housing discrimination based on race, color, sex, religion, national origin, disability, familial status, marital status, age, sexual orientation, and lawful source of income. The Wisconsin Fair Employment and Housing Act adds state-level protected classes beyond federal law.
A tenant may legally break a lease early due to uninhabitable conditions, active military deployment under the federal Servicemembers Civil Relief Act, or documented domestic violence. Outside those exceptions, tenants who break a lease early may owe the remaining rent, though the landlord has a legal duty to mitigate damages by re-renting the unit promptly. Wisconsin small claims court handles disputes up to $10,000.
This guide is general information, not legal advice. Governing statute: Wis. Stat. Ch. 704 and Wis. Admin. Code ATCP 134. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
Wisconsin FAQ
Wisconsin law sets **no cap** on security deposits. Landlords can charge any amount, though one to two months rent is most common. The deposit must be returned within **21 days** of move-out.
No. Landlords must give **28 days written notice** before a rent increase takes effect. Wisconsin bans rent control statewide, so there is no limit on how much rent can be raised, but the notice requirement is mandatory.
Landlords must give **at least 12 hours advance notice** before entering for repairs, inspections, or showings. Emergency entry is the only exception and requires no advance notice.
The landlord must first serve a **5-day written notice** to pay or vacate. If the tenant does not pay within 5 days, the landlord can file an eviction action in small claims court. A court hearing is typically scheduled within a few weeks after filing, so the full process commonly takes **3 to 6 weeks**.
No. Wisconsin state law **bans rent control** and also prohibits any city, county, or municipality from passing local rent control ordinances. Landlords may raise rent by any amount with proper 28-day written notice.
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