Know your rights as a renter in Wisconsin. This guide covers security deposits, landlord entry, rent increases, eviction protections, and more under Wisconsin law.
Legal basis: Wisconsin landlord-tenant law — Wisconsin Statutes
21 dayscounted from the date the rental agreement ends; if the tenant moves out early, from that date or, if earlier, the day a new tenant's tenancy begins; if the tenant moves out after the end date, from the day the landlord learns the tenant has left
Interest on deposits not required
Separate escrow account not required
Deposit & Fee Details
Penalties, interest & late-fee rules under Wisconsin law
Security deposit protections
If your deposit is wrongfully or late returned
Tenant may recover double the amount wrongfully withheld, plus costs and reasonable attorney fees, under Wis. Stat. § 100.20(5) for a violation of ATCP 134.06; no bad-faith showing required.
Interest on your deposit is not required
Late-fee rules
Grace period
No mandatory statewide grace period
Must be in the lease
Yes — a late fee is only enforceable if it is written into your lease
unless you agree to fewer hours when told of the entry (Wis. Admin. Code ATCP 134.09(2)(a))
In Wisconsin, this notice is not a fixed minimum: you may agree to a shorter time when told of an entry, and a separate signed 'Nonstandard Rental Provisions' document may allow other entry.
Exceptions: Landlords may enter without notice in cases of emergency (fire, flooding, etc.) or if you've abandoned the property.
More Wisconsin Tenant Protections
How much notice is required to raise rent in Wisconsin?
No notice statute; no caps
•No Wisconsin statute sets how much notice a landlord must give before raising rent
•A month-to-month tenancy can be ended only with at least 28 days' written notice, at the end of a rental period (Wis. Stat. § 704.19)
•No statewide cap, and local governments may not regulate rent or fees (Wis. Stat. § 66.1015)
Legal basis: No Statute
How long does a landlord have to make repairs in Wisconsin?
Prompt repair; rent reduced, not withheld
•Landlord must keep the premises and equipment for heat, water and other promised services in reasonable repair, make necessary structural repairs, and follow local housing code (Wis. Stat. § 704.07(2))
•No set number of days: if a health or safety problem makes the home unlivable, you may move out unless the landlord promptly repairs (Wis. Stat. § 704.07(4))
•If you stay, rent is reduced to match the use you lose; the law does not allow withholding all rent (Wis. Stat. § 704.07(4))
•A landlord's promise to repair must name a completion date and be kept (Wis. Admin. Code ATCP 134.07)
Legal basis: Wis. Stat. § 704.07
Can a landlord retaliate against a tenant in Wisconsin?
Protected
•Retaliation prohibited
•Cannot evict for complaints
•Document communications
Legal basis: Wis. Stat. § 704.45
Can a domestic violence survivor break a lease in Wisconsin?
Rent through next month
•A tenant who faces an imminent threat of serious physical harm, or a sexual assault victim, may end the lease with notice and a certified copy of a court or criminal document
•Qualifying documents are injunctions, no-contact release conditions or criminal complaints; a police report alone does not qualify
•Rent is owed through the end of the month after you give notice or move out, whichever is later
•The landlord must change the locks within 48 hours on request, at your cost
Legal basis: Wis. Stat. § 704.16
Can a landlord lock you out or shut off utilities in Wisconsin?
Self-help illegal
•A landlord may not exclude, forcibly evict or constructively evict you except through the court eviction process (Wis. Admin. Code ATCP 134.09(7))
•A rental agreement that allows it is void and unenforceable (Wis. Stat. § 704.44(2m))
•Contact police if locked out
Legal basis: Wis. Admin. Code ATCP 134.09(7)
Did You Know?
Important facts about Wisconsin rental law
1
Wisconsin has no limit on security deposits.
2
Wisconsin landlords must return deposits within 21 days of move-out.
3
Wisconsin requires landlords to provide a move-in checklist within 7 days.
4
Wisconsin tenants can recover twice their loss, plus costs and attorney fees, when a landlord breaks the deposit rules; no bad faith has to be shown.
Wisconsin does not have a statutory limit on security deposits.
How long does a landlord have to return a security deposit in Wisconsin?
Wisconsin landlords must return security deposits within 21 days after you move out (counted from the date the rental agreement ends; if the tenant moves out early, from that date or, if earlier, the day a new tenant's tenancy begins; if the tenant moves out after the end date, from the day the landlord learns the tenant has left).
How much notice must a landlord give before entering in Wisconsin?
In Wisconsin, landlords must give 12 hours' notice before entering your rental unit (unless you agree to fewer hours when told of the entry (Wis. Admin. Code ATCP 134.09(2)(a))).
How much can a landlord charge for a late fee in Wisconsin?
Late fees in Wisconsin: No statewide dollar or percent cap — the fee must be in the rental agreement, and there can be no fee for not paying a late fee. No mandatory statewide grace period.
How much notice is required to raise rent in Wisconsin?
No notice statute; no caps. No Wisconsin statute sets how much notice a landlord must give before raising rent. A month-to-month tenancy can be ended only with at least 28 days' written notice, at the end of a rental period (Wis. Stat. § 704.19). No statewide cap, and local governments may not regulate rent or fees (Wis. Stat. § 66.1015). Source: No Statute.
How long does a landlord have to make repairs in Wisconsin?
Prompt repair; rent reduced, not withheld. Landlord must keep the premises and equipment for heat, water and other promised services in reasonable repair, make necessary structural repairs, and follow local housing code (Wis. Stat. § 704.07(2)). No set number of days: if a health or safety problem makes the home unlivable, you may move out unless the landlord promptly repairs (Wis. Stat. § 704.07(4)). If you stay, rent is reduced to match the use you lose; the law does not allow withholding all rent (Wis. Stat. § 704.07(4)). A landlord's promise to repair must name a completion date and be kept (Wis. Admin. Code ATCP 134.07). Source: Wis. Stat. § 704.07.
Can a landlord retaliate against a tenant in Wisconsin?
Can a domestic violence survivor break a lease in Wisconsin?
Rent through next month. A tenant who faces an imminent threat of serious physical harm, or a sexual assault victim, may end the lease with notice and a certified copy of a court or criminal document. Qualifying documents are injunctions, no-contact release conditions or criminal complaints; a police report alone does not qualify. Rent is owed through the end of the month after you give notice or move out, whichever is later. The landlord must change the locks within 48 hours on request, at your cost. Source: Wis. Stat. § 704.16.
Can a landlord lock you out or shut off utilities in Wisconsin?
Self-help illegal. A landlord may not exclude, forcibly evict or constructively evict you except through the court eviction process (Wis. Admin. Code ATCP 134.09(7)). A rental agreement that allows it is void and unenforceable (Wis. Stat. § 704.44(2m)). Contact police if locked out. Source: Wis. Admin. Code ATCP 134.09(7).
What are my rights as a tenant in Wisconsin?
Wisconsin tenants have rights including security deposit protections, notice requirements for landlord entry, habitability standards, and protections against retaliation. Use Honestkey to analyze your specific lease against Wisconsin law.
More for Wisconsin renters
Common tenant-rights questions
Plain-language answers that apply in Wisconsin and beyond