Wisconsin runs its landlord-tenant rules on two tracks: Chapter 704 of the Wisconsin Statutes covers leases and evictions, while the Department of Agriculture, Trade and Consumer Protection’s ATCP 134 rules add consumer-protection obligations that apply to most residential tenancies. Because ATCP 134 is enforceable as an unfair trade practice, a landlord who breaks the deposit rules can face double damages — and, in extreme cases, criminal exposure for never sending the required statement.
The 21-day deposit clock is the rule tenants ask about most: within 21 days after the tenancy ends, the landlord must return the deposit or send a written statement accounting for every dollar withheld (Wis. Stat. § 704.28; ATCP 134.06). Wisconsin also prohibits rent control in private housing, so rent amounts are set by the market — but the notice rules are strict.
This guide covers deposits, pet charges, rent increases, disclosures, repairs, and eviction notices in Wisconsin. It is general information, not legal advice — for a specific situation, contact the Tenant Resource Center, Legal Action of Wisconsin, or a licensed Wisconsin attorney.
| Governing law | Wis. Stat. Chapter 704 and Wis. Admin. Code ATCP 134 |
|---|---|
| Security deposit cap | None set by statute |
| Deposit return deadline | 21 days after the tenancy ends (§ 704.28; ATCP 134.06) |
| Wrongful withholding penalty | Double damages plus attorney’s fees (§ 100.20(5)) |
| Nonpayment notice | 5 days pay-or-quit; 14 days no-cure (§ 704.17) |
| Rent increase notice (month-to-month) | 28 days (§ 704.19) |
Wisconsin Rental Law at a Glance
Chapter 704 supplies the core rules: landlord and tenant duties (704.07), termination notices (704.17), and no-cause termination of periodic tenancies (704.19). Evictions are filed as small claims actions under Chapter 799, which keeps them fast and relatively inexpensive. ATCP 134 adds deposit, disclosure, and late-fee rules with teeth.
Wisconsin is generally balanced between landlord and tenant, but the ATCP 134 rules tilt toward the tenant on paper: grace periods, itemized statements, and disclosure duties are mandatory, and a lease cannot waive most of them. Local ordinances in Madison and Milwaukee can add steps such as mediation and rental registries, but they cannot override the state statutes.
Security Deposits: The 21-Day Rule
Wisconsin does not cap the amount of a security deposit, and it does not require the deposit to earn interest or sit in a separate account. What is strictly regulated is the return: within 21 days after the tenancy ends, the landlord must return the deposit or send a written statement describing each item of damage or other claim and the amount withheld (Wis. Stat. § 704.28(4); ATCP 134.06(4)).
The deduction list is short and specific:
- ✓Damage, waste, or neglect beyond ordinary wear and tear, unpaid rent, and utility or municipal permit charges the landlord became liable for because of the tenant.
- ✓Nothing else — unless the lease includes a separate, signed document titled “NONSTANDARD RENTAL PROVISIONS” that specifically authorizes an extra category. A generic clause buried in the lease does not qualify.
- ✓Normal wear and tear is never deductible, and routine carpet cleaning is specifically barred unless the carpet is actually damaged (ATCP 134.06(3)).
- ✓A tenant who suffers a loss from a violation can sue under Wis. Stat. § 100.20(5) for twice the loss plus reasonable attorney’s fees, and courts have doubled the entire deposit when the landlord never sent any statement.
- ✓Practical tips: tenants should request the move-in checklist and photograph the unit; landlords should treat the 21-day window as non-negotiable and itemize with receipts.
Pet Deposits and Pet Rent in Wisconsin
Wisconsin sets no statewide limit on pet deposits or pet rent. Pet charges should be written into the lease, and any pet-related withholding at move-out beyond damage beyond ordinary wear and tear needs the NONSTANDARD RENTAL PROVISIONS treatment or it will not survive a challenge. Service and assistance animals are not pets — no pet deposit or pet rent for them under fair housing law.
Rent Increases in Wisconsin
Wisconsin law prohibits rent control in private housing, so there is no cap on how much or how often a landlord can raise rent. The guardrails are notice and timing: a landlord can increase rent only when the tenancy ends or the lease permits it, and for a month-to-month tenancy the increase needs the same notice as a termination — 28 days, effective at the end of a rental period (Wis. Stat. § 704.19(3)).
A fixed-term lease locks the rent for the term unless it contains a rent-adjustment clause. Tenants should check the lease’s notice language before assuming 28 days applies, and a suspiciously timed increase after a tenant calls a building inspector can be evidence of illegal retaliation.
Disclosures, Habitability, and Repairs
ATCP 134 requires landlords to disclose uncorrected code violations affecting habitability, explain how utilities are allocated (including shared meters), and put any nonstandard deposit deductions on the separate NONSTANDARD RENTAL PROVISIONS form. State law requires smoke detectors and carbon monoxide detectors in rental housing — Wis. Stat. § 101.149 covers CO detectors — and the federal lead-based paint rule applies to pre-1978 buildings.
Wisconsin courts enforce an implied warranty of habitability, and Wis. Stat. § 704.07 requires the landlord to keep the premises fit for human habitation — structural soundness, plumbing, heating, and landlord-supplied appliances. Wisconsin has no statutory repair-and-deduct, so tenants should:
- ✓Put every repair request in writing and keep copies.
- ✓Report serious violations to the local building inspector; a good-faith complaint is protected from retaliation.
- ✓Be cautious about withholding rent — Wisconsin’s rules for doing so are narrow, and doing it wrong can turn a repair dispute into an eviction.
Evictions in Wisconsin
Wisconsin’s notice periods depend on the tenancy length (Wis. Stat. § 704.17):
After the notice expires, the landlord files an eviction action in small claims court under Chapter 799; a tenant served with a summons and complaint must file an answer by the deadline or risk a default judgment. Notice can be served by personal delivery, by leaving it with a competent household member, by posting plus mailing, or by registered or certified mail (704.21). Self-help evictions are illegal.
- ✓Nonpayment in a month-to-month or week-to-week tenancy: 5 days to pay or vacate on the first default; the landlord may instead elect a 14-day notice for a month-to-month tenancy, and a second default within one year allows a 14-day no-cure notice (704.17(1p)(a)).
- ✓Tenancy of one year or less (including year-to-year): 5-day pay-or-quit on the first default; 14 days for a second default within a year (704.17(2)(a)).
- ✓Tenancy of more than one year: 30 days (704.17(3)(a)).
- ✓No-cause termination of a month-to-month tenancy: 28 days’ notice ending at the end of a rental period (704.19(3)).
Resolving Disputes in Wisconsin
Small claims court handles money claims up to $10,000 (tort and personal injury claims up to $5,000) and all evictions regardless of amount (Chapter 799). Deposit disputes fit comfortably: a $1,500 deposit doubled under § 100.20(5) plus fees is well within the limit.
The Tenant Resource Center in Madison offers counseling and publications, Legal Action of Wisconsin provides free civil legal help, and DATCP publishes landlord-tenant guides and takes complaints. Bring the lease, the move-in checklist, photos, the itemized statement, and payment records — Wisconsin cases are decided on documents.
Guide reviewed 2026-08-19. Rental laws change frequently; verify the current statute text before relying on any rule on this page. This information is not legal advice.