Wisconsin · Renters' rights · Updated Oct 2026
Wisconsin tenant rights
Security deposits, repairs, landlord entry, notices and evictions in Wisconsin, in plain English from official sources, with free tools to get your deposit back and ask for repairs.
Guides for Wisconsin renters
Security deposit
Limit, deadline, deductions, penalty and the calculator.
Repairs
The landlord's duty, repair and deduct, withholding rent and a repair letter.
Eviction
Notice periods, court deadlines, illegal lockouts and a timeline tool.
Security deposit in Wisconsin
- Limit
- No statewide limit. Any payment at the start of a tenancy that is more than one month's prepaid rent is treated as a security deposit.
- Deadline to return it
- Within 21 days after the rental agreement ends, the landlord must deliver or mail the deposit (minus proper deductions) to your last known address. If you move out early, the 21 days run from the end of the lease or from when a new tenant moves in, whichever is first. Not leaving a forwarding address does not take away your right to the deposit, but tell the landlord and the post office your new address.
- Itemized list
- Yes. If anything is deducted, the landlord must give a written itemized statement describing each item of damage or other reason and the amount withheld for it. The landlord may not falsify claims.
- What may be deducted
- Damage, waste or neglect by you or your guests; unpaid rent; unpaid utilities provided by the landlord; unpaid government utility charges that become the landlord's responsibility; and other reasons only if listed in a separately signed 'Nonstandard Rental Provision.' Never for normal wear and tear, including routine cleaning, painting or carpet cleaning.
- Interest
- No. State law does not require interest on deposits.
- Move-in checklist
- Yes. Before taking a deposit, the landlord must tell you in writing that you have at least 7 days after the tenancy starts to inspect and note existing damage on a check-in sheet. You can also ask for a list of damage charged to the previous tenant. Keep a copy. Wis. Stat. 704.08; ATCP 134.06(1).
- If the landlord keeps it wrongly
- You can sue (usually in small claims) for twice your money loss plus costs and reasonable attorney fees for a violation of the deposit rules (Wis. Stat. 100.20(5)). DATCP can also seek civil forfeitures of $100 to $10,000 per violation.
How to get your deposit back
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- Give your landlord your new address in writing. In Wisconsin: Within 21 days after the rental agreement ends, the landlord must deliver or mail the deposit (minus proper deductions) to your last known address.
- Wait for the deadline: Within 21 days after the rental agreement ends, the landlord must deliver or mail the deposit (minus proper deductions) to your last known address.
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: $10,000 ($5,000 for personal injury/tort claims); evictions go to small claims regardless of the rent owed. Small claims court in Wisconsin on Small Claims Map
Repairs in Wisconsin
- The landlord's duty
- The landlord must make repairs needed to keep the premises safe and to comply with local housing codes (Wis. Stat. 704.07). Before you rent, the landlord must disclose known uncorrected code violations that threaten health or safety and conditions such as no hot or cold water, unsafe heat or heat that can't keep 67 degrees F, unsafe electricity, plumbing or sewage problems (ATCP 134.04(2)). Promises to repair made before you sign must be in writing with a completion date (ATCP 134.07).
- How to ask for repairs
- Tell the landlord in writing and keep a copy. If the landlord won't fix major defects, report them to your local building or health inspector; the landlord may not retaliate. No statewide deadline for ordinary repairs was found.
- Repair and deduct
- No statute found in the official sources we could read. Wisconsin guidance does not describe a repair-and-deduct right.
- Law
- Wis. Stat. 704.07; ATCP 134.04, 134.07
Landlord entry in Wisconsin
At least 12 hours' advance notice, and entry only at reasonable times, to inspect, repair or show the unit, unless you agree to shorter notice or a separately signed Nonstandard Rental Provision allows more. No notice if you request or consent to the time, in a health or safety emergency, or if you are away and the landlord reasonably believes entry is needed to protect the premises. The landlord must knock or announce before entering. Wis. Stat. 704.05; ATCP 134.09(2).
Eviction in Wisconsin
- Notice for unpaid rent
- Month-to-month: the landlord can give a 14-day notice ending the tenancy with no option to pay, or a 5-day notice to pay or move. Lease of one year or less: the landlord must first give a 5-day notice to pay or move out; if you pay and are late again within 12 months, a 14-day notice with no chance to pay. (Leases longer than one year have a longer notice under Wis. Stat. 704.17; not confirmed in the sources we could load.) Even one day late can lead to a notice.
- Notice for a lease violation
- Same structure as nonpayment: a 5-day notice to fix the breach or move (required first for leases), or a 14-day notice with no cure for month-to-month tenancies or a repeat breach within 12 months. Criminal or drug activity that threatens others: 5-day notice to vacate with no cure, with required content. Wis. Stat. 704.17.
- Ending a month-to-month tenancy
- Landlord or tenant: written notice at least 28 days before the next rent due date. Tenants may deliver it in person or by certified or registered mail. Wis. Stat. 704.19, 704.21. Leases with automatic renewal clauses can't be enforced unless the landlord sends a reminder 15 to 30 days before your notice deadline (Wis. Stat. 704.15).
- Time to respond to an eviction lawsuit
- You will be served a small claims summons with a court date (return date). Go to court on that date to contest the eviction; if you don't appear, the landlord can automatically win. Evictions are heard in small claims court regardless of the amount owed.
- Lockouts and utility shutoffs
- Yes. The landlord may not lock you out, force you out, or 'constructively' evict you (for example by cutting utilities, changing locks or removing doors) without a court eviction order, and may not take your belongings except as the law allows. ATCP 134.09(4), (7). A lease clause allowing self-help eviction makes the whole lease void (ATCP 134.08(2)). You can sue for twice your money loss plus attorney fees (Wis. Stat. 100.20(5)).
- Court self-help
- The court's eviction self-help page
- Law
- Wis. Stat. 704.17, 704.19, 704.21, 799.40-799.45; ATCP 134.08, 134.09
Rent increases and rent control in Wisconsin
- Notice of a rent increase
- No statute sets a rent increase notice. Rent can't go up during a lease unless the lease allows it; for month-to-month tenancies, the landlord can change terms by ending the tenancy with 28 days' notice.
- Rent control
- No. The state consumer protection agency (DATCP) says no state law limits the amount of a rent increase, and Wisconsin cities are generally not allowed to adopt rent control.
Late fees in Wisconsin
No dollar or percent cap was found. A late fee is allowed only if the rental agreement specifically provides for it. Your payment must be applied to current rent before late fees, and the landlord can't charge a fee for not paying a late fee. ATCP 134.09(8).
Retaliation in Wisconsin
The landlord may not raise rent, cut services (like water, electricity or heat), refuse to renew, or bring or threaten an eviction to retaliate because you reported code or ATCP 134 violations to the government, complained to the landlord about violations, asserted your tenant rights, or joined or organized a tenant union. Lease clauses allowing retaliation for calling police, health or safety services make the lease void. ATCP 134.08(1), 134.09(5).
Small claims court in Wisconsin
Deposit disputes usually go to small claims court, where you don't need a lawyer.
Limit: $10,000 ($5,000 for personal injury/tort claims); evictions go to small claims regardless of the rent owed.
Where to get free help in Wisconsin
Good to know in Wisconsin
- You have 7 days after moving in to fill out a check-in sheet listing existing damage; keep a copy.
- Your landlord must return your deposit within 21 days, with a written itemized list of anything withheld.
- Paying rent even one day late can lead to a 5-day or 14-day notice, so read any notice carefully.
Free tools for Wisconsin renters
Pre-set for Wisconsin. They run in your browser and send nothing.
Deposit return calculator for Wisconsin
Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.
Security deposit demand letter for Wisconsin
A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.
Repair request letter for Wisconsin
Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.
Eviction notice timeline for Wisconsin
Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.
This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.
Questions about renters' rights in Wisconsin
How much can a landlord charge for a security deposit in Wisconsin?
No statewide limit. Any payment at the start of a tenancy that is more than one month's prepaid rent is treated as a security deposit.
How long does a landlord have to return a security deposit in Wisconsin?
Within 21 days after the rental agreement ends, the landlord must deliver or mail the deposit (minus proper deductions) to your last known address. If you move out early, the 21 days run from the end of the lease or from when a new tenant moves in, whichever is first. Not leaving a forwarding address does not take away your right to the deposit, but tell the landlord and the post office your new address.
What can I do if my landlord won't return my deposit in Wisconsin?
You can sue (usually in small claims) for twice your money loss plus costs and reasonable attorney fees for a violation of the deposit rules (Wis. Stat. 100.20(5)). DATCP can also seek civil forfeitures of $100 to $10,000 per violation.
What can a landlord deduct from a security deposit in Wisconsin?
Damage, waste or neglect by you or your guests; unpaid rent; unpaid utilities provided by the landlord; unpaid government utility charges that become the landlord's responsibility; and other reasons only if listed in a separately signed 'Nonstandard Rental Provision.' Never for normal wear and tear, including routine cleaning, painting or carpet cleaning.
Does a landlord have to pay interest on a security deposit in Wisconsin?
No. State law does not require interest on deposits.
How do I ask my landlord for repairs in Wisconsin?
Tell the landlord in writing and keep a copy. If the landlord won't fix major defects, report them to your local building or health inspector; the landlord may not retaliate. No statewide deadline for ordinary repairs was found.
Can I repair and deduct the cost from rent in Wisconsin?
No statute found in the official sources we could read. Wisconsin guidance does not describe a repair-and-deduct right.
How much notice does a landlord need to enter in Wisconsin?
At least 12 hours' advance notice, and entry only at reasonable times, to inspect, repair or show the unit, unless you agree to shorter notice or a separately signed Nonstandard Rental Provision allows more. No notice if you request or consent to the time, in a health or safety emergency, or if you are away and the landlord reasonably believes entry is needed to protect the premises. The landlord must knock or announce before entering. Wis. Stat. 704.05; ATCP 134.09(2).
How much notice does a landlord have to give for unpaid rent in Wisconsin?
Month-to-month: the landlord can give a 14-day notice ending the tenancy with no option to pay, or a 5-day notice to pay or move. Lease of one year or less: the landlord must first give a 5-day notice to pay or move out; if you pay and are late again within 12 months, a 14-day notice with no chance to pay. (Leases longer than one year have a longer notice under Wis. Stat. 704.17; not confirmed in the sources we could load.) Even one day late can lead to a notice.
How much notice for a lease violation in Wisconsin?
Same structure as nonpayment: a 5-day notice to fix the breach or move (required first for leases), or a 14-day notice with no cure for month-to-month tenancies or a repeat breach within 12 months. Criminal or drug activity that threatens others: 5-day notice to vacate with no cure, with required content. Wis. Stat. 704.17.
How much notice is needed to end a month-to-month lease in Wisconsin?
Landlord or tenant: written notice at least 28 days before the next rent due date. Tenants may deliver it in person or by certified or registered mail. Wis. Stat. 704.19, 704.21. Leases with automatic renewal clauses can't be enforced unless the landlord sends a reminder 15 to 30 days before your notice deadline (Wis. Stat. 704.15).
How long do I have to respond to an eviction lawsuit in Wisconsin?
You will be served a small claims summons with a court date (return date). Go to court on that date to contest the eviction; if you don't appear, the landlord can automatically win. Evictions are heard in small claims court regardless of the amount owed.
Can my landlord lock me out or shut off utilities in Wisconsin?
Yes. The landlord may not lock you out, force you out, or 'constructively' evict you (for example by cutting utilities, changing locks or removing doors) without a court eviction order, and may not take your belongings except as the law allows. ATCP 134.09(4), (7). A lease clause allowing self-help eviction makes the whole lease void (ATCP 134.08(2)). You can sue for twice your money loss plus attorney fees (Wis. Stat. 100.20(5)).
How much notice is needed for a rent increase in Wisconsin?
No statute sets a rent increase notice. Rent can't go up during a lease unless the lease allows it; for month-to-month tenancies, the landlord can change terms by ending the tenancy with 28 days' notice.
Is there rent control in Wisconsin?
No. The state consumer protection agency (DATCP) says no state law limits the amount of a rent increase, and Wisconsin cities are generally not allowed to adopt rent control.
Is there a limit on late fees in Wisconsin?
No dollar or percent cap was found. A late fee is allowed only if the rental agreement specifically provides for it. Your payment must be applied to current rent before late fees, and the landlord can't charge a fee for not paying a late fee. ATCP 134.09(8).
Can my landlord retaliate if I complain in Wisconsin?
The landlord may not raise rent, cut services (like water, electricity or heat), refuse to renew, or bring or threaten an eviction to retaliate because you reported code or ATCP 134 violations to the government, complained to the landlord about violations, asserted your tenant rights, or joined or organized a tenant union. Lease clauses allowing retaliation for calling police, health or safety services make the lease void. ATCP 134.08(1), 134.09(5).
What is the small claims limit in Wisconsin?
$10,000 ($5,000 for personal injury/tort claims); evictions go to small claims regardless of the rent owed.