An independent legal information resource. Not a law firm. Not legal advice.

FreeNetLaw Consumer Legal Reference

Tenant Rights in Wisconsin

A comprehensive guide to your rights as a renter in Wisconsin. Covers security deposits, eviction procedures, rent control, repair obligations, and when to get legal help.

Data last updated: Apr 16, 2026

Key Takeaways

  • Security deposit max: No statutory limit. Landlords may charge any amount..
  • Return deadline: 21 days after the tenancy ends..
  • Rent control: No.
  • Repair and deduct: Allowed.
No statutory limit. Landlords may charge any amount. Security deposit maximum
21 days after the tenancy ends. Deposit return deadline
No Statewide rent control
Required Judicial eviction

Security Deposits

  • Maximum amountNo statutory limit. Landlords may charge any amount.
  • Return deadline21 days after the tenancy ends.

Landlord may deduct for unpaid rent, damages beyond normal wear and tear, and charges under the rental agreement. Must provide an itemized statement within 21 days. Landlord must conduct a check-in/check-out inspection.

Eviction Process

  • Notice requirements5-day notice for nonpayment of rent (with right to cure in the first instance during the lease term). 14-day notice for lease violations (with 14-day cure opportunity). 28-day notice for termination of month-to-month tenancy.
  • Judicial eviction requiredYes
  • Estimated timeline3 to 6 weeks for uncontested cases.

Rent Control

Wisconsin law (Wis. Stat. § 66.1015) prohibits local governments from enacting rent control.

Repair and Habitability

  • Repair and deductAllowed
  • Rent withholdingNot allowed
  • Retaliation protectionYes

Lease Termination

  • Month-to-month notice28 days' written notice by either party.

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to re-rent. Military members may terminate under the SCRA. Victims of domestic abuse, sexual assault, or stalking may terminate early under Wis. Stat. § 704.16.

Key Statutes

  • Wisconsin Landlord-Tenant Law: Wis. Stat. §§ 704.01–704.95
  • Security Deposits (ATCP 134): Wis. Admin. Code ATCP 134
  • Landlord Obligations: Wis. Stat. § 704.07
  • Eviction Procedures: Wis. Stat. § 799.40 to 799.45
  • Retaliation: Wis. Stat. § 704.45
  • Rent Control Preemption: Wis. Stat. § 66.1015

When to Get Legal Help

  • You're facing eviction, especially with short notice
  • Your landlord is withholding a large security deposit
  • You believe you're being discriminated against
  • Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Wisconsin

Frequently Asked Questions

  • Is there a security deposit limit in Wisconsin?

    No. Wisconsin has no statutory cap on security deposits. However, the deposit must be returned within 21 days with an itemized list of deductions. The landlord must conduct check-in and check-out inspections.

  • Can a tenant use repair and deduct in Wisconsin?

    Yes. Under Wisconsin law (Wis. Stat. § 704.07), if the landlord fails to repair a condition that materially affects health or safety after notice, the tenant may repair the condition and deduct the reasonable cost from rent.

  • Does Wisconsin have rent control?

    No. Wisconsin law prohibits local governments from enacting rent control ordinances under Wis. Stat. § 66.1015.

  • How much notice is needed to end a month-to-month tenancy in Wisconsin?

    Wisconsin requires 28 days' written notice to terminate a month-to-month tenancy, which is slightly shorter than the typical 30-day requirement in most states.

Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice. The information on this site is not a substitute for consultation with a licensed attorney. Laws vary by jurisdiction and change frequently. Always verify information with official sources and consult a qualified attorney for advice about your specific situation.

Sources