Under Wisconsin law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under WI Statutes Chapter 704, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Wisconsin, landlords can’t legally rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Wisconsin’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Not Addressed | Not Addressed |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Sometimes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In Wisconsin, landlords must complete repairs “promptly” after getting written notice from tenants. If repairs aren’t made in a timely manner, Wisconsin tenants can withhold a percentage of the rent. Unlike most states, tenants can only sue the landlord if the landlord promises to make repairs and then fails to do so. Read more
Landlords in Wisconsin may evict tenants for the following reasons:
At-will tenants are entitled to receive at least 28 days of advance notice before eviction. Landlords are also not permitted to evict tenants in retaliation or for discriminatory reasons.
In Wisconsin, it’s illegal for landlords to retaliate by evicting, canceling an automatic lease renewal, reducing utility services, or any other act that’s constructively evicting a tenant who has taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections amd Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
Notice Requirements: Tenants that wish to break a lease in Wisconsin must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 28 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 5 Days |
Early Termination: Wisconsin tenants are allowed to break a lease early for the following reasons:
If a Wisconsin tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Wisconsin does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Wisconsin does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Wisconsin state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Protected Groups: The Federal Fair Housing Act prohibits discrimination based on race, color, national origin, familial status, religion, sex, or disability. Wisconsin also has special protections based on ancestry, marital status, age, sexual orientation, and source of income. These rules do not apply to some owner-occupied homes or homes operated by religious organizations.
Discriminatory Acts and Penalties: The Wisconsin Department of Workforce Development’s Equal Rights Division handles housing discrimination cases. The following behaviors may be considered discriminatory when directed at a member of a protected class:
If you are a victim of housing discrimination, you can file a complaint online. If the complaint is found to be justified, then the tenant has grounds to file civil litigation.
In addition to having laws that address general issues like repairs and security deposits, most states, including Wisconsin, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Wisconsin landlords have the right to enter rental property for maintenance, inspections, and property showings. They must provide at least 12 hours’ notice before entering, except in emergencies. Unlike most states, Wisconsin requires written notice before a landlord’s entry.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. Wisconsin Small Claims Court is a division of Circuit Court. The process takes approximately two to four months.
Wisconsin landlords must provide these mandatory disclosures:
It is extremely important for a landlord to ensure that there are no lease provisions included which may void the rental agreement. Recent Wisconsin caselaw provides that a landlord relying on a voided lease must return to the tenant ALL rent payments across the entire tenancy. [1]
Wisconsin landlords are not allowed to unilaterally change the locks on their tenants, as this is a form of illegal “self help” eviction. Tenants can (at their own expense) require a lock change when they can prove a relevant criminal threat, but they are not allowed to change locks without the landlord’s permission.
Many cities in Wisconsin have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Local ordinances in Milwaukee add discrimination protections for people based on their receipt of rental or housing assistance. There are also protections for gender identity/expression.
Madison’s Equal Opportunities Ordinance prohibits discrimination in housing due to source of income, citizenship status, military discharge, physical appearance, student status, domestic partner status, history of homelessness or unemployment, and history of domestic abuse, sexual assault or stalking.
…when a transaction [including a covenant to rent] is void, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount and shall be entitled to recover any sums paid to the merchant pursuant to the transaction.
Can a Tenant Change the Locks in Wisconsin? Wisconsin tenants cannot change their locks without a landlord's permission, although they can (at their own expense) require a lock change if they are recent victims of domestic abuse. Read more » What Are a Tenant’s Rights in Wisconsin? Wisconsin tenants have the right to seek habitable housing without discrimination. Unlike many states, tenants also have the right to unilaterally withhold a percentage of the rent if necessary repairs aren't made promptly after proper notice. Read more » Is Wisconsin a “Landlord Friendly” State? Wisconsin is a relatively landlord-friendly state. There are no limits to rental prices or fees, and security deposits are only subject to minimal regulation. It's also more difficult than most other states to sue the landlord for a failure to make needed repairs. Read more » Can a Landlord Enter Without Permission in Wisconsin? Wisconsin landlords can enter rental property on proper notice without permission for maintenance, inspections, and property showings. They can also enter without notice in emergencies. These terms of access exist unless there's a specific written agreement otherwise. Read more »
