Wisconsin Landlord-Tenant Law for DIY Landlords (2026)

Security deposits, the 21-day return rule, 12-hour entry notice, 5-day and 14-day notices and the eviction timeline in Wisconsin, in plain English for landlords who manage their own rentals.

Last updated September 23, 2026

Wisconsin keeps its rental rules in two places, and that trips up a lot of small landlords. Chapter 704 of the statutes is one half. ATCP 134, a consumer protection rule written by the Department of Agriculture, Trade and Consumer Protection, is the other half. The rule is where most of the paperwork deadlines live, and breaking it can cost you double damages plus the tenant's attorney fees (Wis. Stat. § 100.20(5)).

Here is what a Wisconsin landlord has to get right, with the section behind each rule.

Security deposits

There is no cap on the amount. Wisconsin sets no statutory limit on what you can collect. Nothing in ch. 704 or ATCP 134 caps it, so the market sets the number.

Extra prepaid rent counts as a deposit. A security deposit is every payment a tenant gives you as security for performance, and it includes all rent payments beyond one month of prepaid rent (ATCP 134.02(11)). Calling money a fee does not take it out of the deposit rules.

You have 21 days to return it. The clock starts on the day the rental agreement ends, the day a new tenant's tenancy starts if you re-rent early, or the day you learn the tenant moved out and gave up the unit (Wis. Stat. § 704.28(4), ATCP 134.06(2)).

Deductions are a short list. You can withhold for tenant damage, waste or neglect beyond normal wear and tear, unpaid rent, utility charges the tenant owed under the lease, certain municipal utility debts and permit fees you became liable for, and anything covered by a signed nonstandard rental provision (§ 704.28(1), (2)). Normal wear and tear is off limits (§ 704.28(3)).

Withhold anything and you owe a written statement. Inside the same 21 days, send an itemized statement describing each item you kept money for and the dollar amount of each (ATCP 134.06(4)). Vague statements are the single most common way Wisconsin landlords lose these cases.

Give the check-in sheet. Hand every new residential tenant a check-in sheet so they can record existing damage. The tenant gets 7 days from the start of occupancy to complete it and return it (§ 704.08). Before you accept a deposit you have to tell the tenant in writing that they have at least 7 days to inspect and to ask for a record of what you withheld from the last tenant (ATCP 134.06(1)).

The penalty is double. A violation of ATCP 134 lets the tenant sue for twice the actual loss, court costs and reasonable attorney fees (§ 100.20(5)). On a $1,200 deposit that is a $2,400 judgment plus the lawyer.

Late fees and grace periods

Wisconsin sets no late fee cap and no statutory grace period. You can charge a late fee only if the rental agreement says so in writing (ATCP 134.09(8)). You have to apply any rent prepayment the tenant made before you treat rent as late, and you cannot charge a late fee on an unpaid late fee. Keep the number reasonable and keep it in the lease.

Rent increases and rent control

No city, village, town or county in Wisconsin may regulate the amount of rent or fees charged for a residential rental unit (§ 66.1015). Rent control is off the table statewide. Your limit on an increase is the lease term. Raise rent at renewal, or end a month-to-month tenancy with proper notice and offer new terms.

Entering the unit

You may inspect, make repairs and show the unit to prospective tenants or buyers on advance notice, at reasonable times (§ 704.05(2)). ATCP 134.09(2) puts a number on it. Give at least 12 hours advance notice, say what the entry is for, and enter at a reasonable time. A tenant can agree to less notice. You can enter without notice when you reasonably believe it is needed to protect the property or a person from harm.

Ending a month-to-month tenancy

Either side needs at least 28 days' written notice (§ 704.19). The notice has to end the tenancy at the end of a rental period. Tenancies with a rent period shorter than a month need notice equal to that rent period.

When rent isn't paid

Wisconsin gives you two different notices, and which one you can use depends on the tenancy.

Month-to-month tenants. Serve a 5-day notice to pay or vacate. If the tenant pays in full inside those 5 days, the tenancy continues. You have the option of a 14-day notice to vacate with no right to cure, as long as the tenant is in default when you serve it (§ 704.17(1p)(a)).

Leases of one year or less, and year-to-year tenants. Start with a 5-day pay-or-vacate notice. The 14-day unconditional notice is available only on a second missed payment within one year of a prior notice (§ 704.17(2)(a)).

Leases longer than one year. The tenant gets at least 30 days to fix the default (§ 704.17(3)).

Serve the notice the way § 704.21 allows. A bad service method sinks the case at the return date.

The eviction timeline

Notice expires. Nothing gets filed until the 5-day, 14-day or 30-day period runs out.
File the eviction action. Eviction is a small claims action under ch. 799. The complaint goes with the summons (§ 799.42).
Return date. For a Wisconsin resident the return date is not less than 5 days and not more than 25 days from the issue date, and service happens at least 5 days before the return date (§ 799.05(3)(b)).
Court appearance. If the tenant contests, the court sets the matter for trial. If the tenant does not appear, the court can enter judgment for possession.
Writ of restitution. If you win, the court enters an order for judgment restoring possession (§ 799.44(1)). The court can stay the writ up to 30 days on conditions (§ 799.44(3)). No writ may be executed if the sheriff got it more than 30 days after issue (§ 799.44(2)).

Only the sheriff removes a tenant. Lockouts and utility shutoffs are not an option.

Repairs and habitability

You have to keep the parts of the property under your control in reasonable repair, maintain the equipment that supplies heat, water and other services, make structural repairs, and follow any local housing code (§ 704.07(2)). If the unit becomes untenantable, or you commit a substantial violation that materially affects health or safety, the tenant can move out, or rent abates to the extent the tenant loses the full normal use of the unit (§ 704.07(4)).

Retaliation is prohibited. You cannot raise rent, cut services, refuse to renew or file for possession in retaliation for a good faith complaint about a defect, or for a tenant exercising a legal right (§ 704.45).

Lease clauses that void the whole agreement

Wisconsin voids an entire residential rental agreement that contains certain provisions (§ 704.44). The list includes eviction outside ch. 799, accelerated rent, a waiver of your duty to mitigate, making the tenant pay your attorney fees, confession of judgment, waivers of your liability for negligence, and any waiver of habitability. Run your template against that section once and fix it.

The short version

No deposit cap, but 21 days to return it with an itemized statement
Check-in sheet at move-in, 7 days for the tenant to return it
No late fee cap, and the fee works only if the lease says so
12 hours advance notice to enter
28 days to end a month-to-month, from either side
5-day pay-or-vacate, or a 14-day notice to vacate on a month-to-month
Return date within 25 days of issue, service at least 5 days ahead
Double damages plus attorney fees for an ATCP 134 slip

Let Taz handle the paperwork

Taz is an AI property manager for landlords who would rather not read administrative code on a Sunday. It tracks the 21-day deposit clock, sends rent reminders, takes maintenance requests day and night, and keeps the records a Wisconsin small claims court would ask for, for a flat monthly price per door instead of a cut of your rent. See how Taz works.

Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.

This guide is general information, not legal advice. Laws change, and your city or county may add rules. Talk to a Wisconsin attorney before acting on a specific situation. Last checked September 2026.