Landlord Guide to Renting in Wisconsin

Wisconsin permits both oral and written lease agreements. A lease for a term exceeding one year must be in writing to be enforceable (Wis. Stat. § 704.01). Written leases should comply with Wisconsin's rental practices rules in ATCP 134, which prohibit certain unconscionable lease provisions.

• Written and oral leases are enforceable; leases over one year must be in writing (§ 704.01)
• Certain lease clauses are prohibited under ATCP 134.06 (e.g., waiving tenant's right to repairs, confession of judgment)
• Month-to-month tenancies are created when a lease expires without renewal
• A copy of the signed lease must be provided to the tenant

Wisconsin does not impose a statutory maximum on the amount of a security deposit. However, the deposit must be reasonable. Under ATCP 134.06(2), landlords may not use a nonstandard rental provision to require a deposit that is unreasonable in amount. Landlords are not required to hold the deposit in a separate account or pay interest unless a local ordinance requires it.

• No statutory maximum, but the deposit must be reasonable (ATCP 134.06(2))
• No requirement to hold the deposit in a separate account at the state level
• Interest is not required unless required by local ordinance (e.g., Madison requires interest)
• Landlords must provide a move-in check-in sheet (ATCP 134.06(1)(a))

Wisconsin requires several important disclosures at or before the start of a tenancy, primarily under ATCP 134.

• Check-in sheet documenting the condition of the unit (ATCP 134.06(1)(a))
• Disclosure of all housing code violations that have been cited and not corrected (ATCP 134.04)
• Lead-based paint disclosure for pre-1978 properties (federal, 42 U.S.C. § 4852d)
• Identification of the landlord or authorized agent and an address for service of notices (Wis. Stat. § 704.05(5))
• Disclosure of any nonstandard rental provisions in the lease (ATCP 134.09)

Rent is due on the date specified in the lease agreement. Wisconsin does not mandate a grace period for rent payments. Late fees are permitted if stated in the lease, but must be reasonable and considered a nonstandard rental provision that is separately disclosed under ATCP 134.09.

• Rent is due on the date stated in the lease
• No statutory grace period for rent payments
• Late fees must be reasonable and disclosed as a nonstandard rental provision (ATCP 134.09)
• Landlords may not charge late fees that are punitive or excessive relative to actual costs

Under Wis. Stat. § 704.07, landlords must maintain the premises in a reasonable state of repair and keep the property in compliance with applicable health and safety codes. This duty applies unless the parties agree otherwise in writing and the agreement is not unconscionable. Common areas must be maintained in a safe condition.

• Maintain the premises in reasonable repair (§ 704.07(2))
• Comply with applicable housing and building codes
• Keep common areas clean and safe
• Maintain plumbing, heating, electrical, and structural systems

Wisconsin requires landlords to give at least 12 hours' advance notice before entering a rental unit, except in emergencies (ATCP 134.09(2)). Entry must be at reasonable times and for reasonable purposes. The lease may specify a longer notice period as a nonstandard provision.

• Minimum 12 hours' advance notice required for non-emergency entry (ATCP 134.09(2))
• Entry must be at reasonable times and for legitimate purposes
• No notice required in genuine emergencies
• Tenant may not unreasonably refuse entry

Wisconsin does not have statewide rent control and preempts local rent control ordinances under Wis. Stat. § 66.1015. Landlords may raise rent freely at the end of a lease term. For month-to-month tenancies, at least 28 days' written notice is required before the next rent period begins.

• No statewide rent control — local rent control is also preempted (§ 66.1015)
• 28 days' written notice required for rent increases on month-to-month tenancies (§ 704.19(3))
• Rent increases may not be retaliatory (§ 704.45)
• Fixed-term leases: rent cannot be increased during the term unless the lease permits it

Notice requirements depend on the type of tenancy. Fixed-term leases end at expiration without notice unless the lease states otherwise.

• Month-to-month tenancy: 28 days' written notice (§ 704.19(3))
• Week-to-week tenancy: 7 days' written notice
• Year-to-year tenancy: notice must be given at least 90 days before the end of the lease year
• Fixed-term lease: terminates automatically at expiration
• Nonpayment of rent: 5-day pay-or-quit notice (§ 704.17(2)(b))

Evictions in Wisconsin are governed by Wis. Stat. Chapter 799 (small claims) and § 704.17. The landlord must serve the required notice and, if the tenant does not comply, file an eviction action in small claims court.

• Serve the appropriate written notice (5 days for nonpayment, 14 days for lease violations)
• File an eviction (small claims) action in circuit court after the notice period expires
• The tenant receives a summons and has the right to appear at the hearing
• If the court rules for the landlord, a writ of restitution is issued and the sheriff carries out the eviction

Under ATCP 134.06(2) and Wis. Stat. § 704.28, the landlord must return the security deposit within 21 days after the tenant vacates and provides a forwarding address. The landlord must include an itemized statement of any deductions. If the full amount is being returned, no statement is needed.

• Return deadline: 21 days after the tenant vacates (ATCP 134.06(2))
• Itemized statement of deductions required for any withholding
• Permissible deductions: unpaid rent and utilities, damages beyond normal wear and tear, lease-authorized charges
• Failure to return the deposit or provide a statement within 21 days may result in double damages (§ 100.20(5))