How much notice does a landlord have to give before eviction in Wisconsin?

Wisconsin sets specific notice periods that depend on the reason for eviction: non-payment of rent, lease term breach, or end of lease term. Notice must generally be in writing and served correctly to be valid. The eviction section above details the required notice for each case in Wisconsin; in most situations, a landlord must go through the courts before removing a tenant, changing the locks, or shutting off utilities, but state-by-state exceptions can apply (e.g., abandonment statutes), so review the state guide below before acting.

What habitability standards must landlords meet in Wisconsin?

Under Wisconsin law, landlords are generally responsible for keeping the unit safe and livable: working heat, hot water, plumbing, electrical, locks, and a structurally sound building. If you report a serious habitability problem in writing and the landlord fails to fix it within a reasonable time, many states let you pursue remedies like repair-and-deduct, rent withholding, or lease termination, but the available remedies and the procedures to use them vary by state, and a few states do not recognize all of them. See the habitability section above for the procedures that apply in Wisconsin.

State Reference Guide · Midwest

Wisconsin
Tenant Rights.

This guide provides a detailed overview of the rights and responsibilities of tenants in the State of Wisconsin. Wisconsin law is primarily governed by Chapter 704 of the Wisconsin Statutes and Chapter ATCP 134 of the Wisconsin Administrative Code.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

Security Deposit Limit

None

Deposit Return Deadline

21 Days

Notice for Entry

12 Hours

Nonpayment Notice

5 Days

with cure

What rights do tenants have in Wisconsin?

Tenants in Wisconsin are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Wisconsin sometimes add stronger protections on top of these state-wide rules.

MONEY

Security Deposits

Wisconsin law is specific about how deposits must be handled, but it is unique in that it does not set a statewide limit on the amount a landlord can charge.

Maximum Amount

There is no state-imposed limit on the amount a landlord can charge for a security deposit.

Return Deadline

Landlords must return the security deposit (minus any legal withholdings) within 21 days after the tenant vacates the unit or the lease ends (Wis. Admin. Code ATCP 134.06(2)).

Itemization Requirements

If any portion of the deposit is withheld, the landlord must provide a written, itemized statement describing each deduction and the amount.

The Check-In Sheet

Landlords must provide tenants with a check-in sheet at the start of the lease. Tenants have 7 days to return it to document pre-existing damages (Wis. Stat. § 704.08).

Nonstandard Rental Provisions

Landlords may only withhold money for things other than "routine" items (like unpaid rent or damage) if those items are listed in a separate document signed by the tenant called "Nonstandard Rental Provisions" (Wis. Admin. Code ATCP 134.06(3)).

Penalties

If a landlord violates these rules, the tenant may sue for double damages, court costs, and reasonable attorney fees under Wis. Stat. § 100.20(5).

NOTICE

Eviction Notices

Wisconsin uses specific timelines for ending a tenancy, which vary based on the type of lease and the nature of the violation.

Nonpayment of Rent

Fixed-term lease (e.g., one year): The landlord must give a 5-day "Right to Cure" notice. If the tenant pays within 5 days, the lease continues. If it happens again within a year, the landlord can issue a 14-day notice without the right to cure.Month-to-month: The landlord can issue a 5-day notice with cure or a 14-day notice without cure immediately.

Lease Violations

Similar to rent, landlords usually provide a 5-day notice to cure the violation. If the same violation occurs again within a year, a 14-day notice to vacate (no cure) may be issued (Wis. Stat. § 704.17).

Month-to-Month Termination

Either party can terminate a month-to-month tenancy by giving at least 28 days' written notice (Wis. Stat. § 704.19).

Self-Help Eviction

It is illegal for a landlord to change locks, remove property, or shut off utilities to force a tenant out. All evictions must go through the court system (Wis. Admin. Code ATCP 134.09(7)).

NOTICE

Landlord Entry Requirements

Wisconsin balances a tenant's right to privacy with a landlord's need to manage the property.

Notice Period

Landlords must provide at least 12 hours' notice before entering for non-emergency reasons, such as repairs or inspections, unless the tenant consents to a shorter time (Wis. Stat. § 704.05(2) and Wis. Admin. Code ATCP 134.09(2)).

Emergency Exceptions

A landlord may enter without notice in an emergency (e.g., a bursting pipe or fire) or if the tenant is absent and the landlord believes entry is necessary to protect the premises.

Entry Hours

Entry must be at "reasonable times."

MONEY

Rent Control and Increases

Rent Control Status

Rent control does not exist in Wisconsin.

State Preemption

Under Wis. Stat. § 66.1015, local municipalities (like Milwaukee or Madison) are prohibited from enacting any form of rent control.

Rent Increases

For a fixed-term lease, rent cannot be increased until the lease expires. For month-to-month tenants, landlords must provide a written notice at least 28 days before the next rent payment is due to increase the rent.

SAFETY

Habitability and Repairs

Landlords are required to keep the premises in a "reasonable state of repair."

Landlord Obligations

The landlord must maintain plumbing, heating, electrical, and structural components in safe and working order (Wis. Stat. § 704.07(2)).

Untenantability

If a unit becomes "untenantable" (uninhabitable) due to damage not caused by the tenant, the tenant may move out and stop paying rent, or stay and pay a reduced "pro-rata" rent while the issues persist (Wis. Stat. § 704.07(4)).

Repair and Deduct

Wisconsin law does not have a clear, broad "repair and deduct" statute. Tenants who withhold rent or deduct repair costs from rent do so at significant risk of eviction. It is generally advised to use the "untenantability" statute or seek a court order instead.

SAFETY

Retaliation Protections

Wisconsin law protects tenants who exercise their legal rights.

Protected Activities

A landlord cannot increase rent, decrease services, or file for eviction because a tenant has complained to a government agency, joined a tenant union, or asserted their rights under the law (Wis. Stat. § 704.45).

Enforcement

If a landlord takes "adverse action" shortly after a tenant's complaint, the tenant can use retaliation as a defense in an eviction case. Unlike some states, Wisconsin does not have a specific "presumption period" (like 6 months); the tenant must generally prove the landlord's motive was retaliatory.

LEASE

Lease Requirements and Disclosures

Wisconsin has strict disclosure requirements that must be met before a lease is signed.

Written vs. Oral

Leases for more than one year must be in writing. However, written leases are strongly encouraged for all tenancies.

Required Disclosures (Wis. Admin. Code ATCP 134.04)

Code Violations: Landlords must disclose any uncorrected building or housing code violations they have been notified of.Utilities: If the tenant is responsible for utilities that also serve other areas (like a shared hallway or another unit), the landlord must disclose how the charges are split.Habitability Issues: Landlords must disclose a lack of hot/cold running water, non-functioning heat, or lack of electricity.

Prohibited Lease Clauses

Under Wis. Admin. Code ATCP 134.08, a lease is void and unenforceable if it contains certain "illegal" clauses, such as: - Allowing the landlord to evict without a court order.Forcing the tenant to pay the landlord's attorney fees for an eviction.Exonerating the landlord from liability for property damage or injury caused by negligence.

Summary

Quick reference table.

Topic	Wisconsin Law	Statute/Code
Security Deposit Limit	None	N/A
Deposit Return Deadline	21 Days	ATCP 134.06
Notice for Entry	12 Hours	ATCP 134.09 / 704.05
Nonpayment Notice	5-Day (with cure)	704.17
Rent Control	Prohibited (Preempted)	66.1015
Double Damages	Available for Deposit Violations	100.20(5)

Cities with local protections

These Wisconsin cities layer extra tenant protections on top of state law: Appleton, Bayside, Brown Deer, Cedarburg, Eau Claire, Fitchburg, Fond Du Lac, Fox Point, Glendale, Grafton, Green Bay, Kenosha, La Crosse, Madison, Menomonie, Mequon, Milwaukee, Monona, Oshkosh, Pewaukee, Platteville, River Falls, Shorewood, Stevens Point, Waukesha, Wauwatosa, West Allis, Whitewater.

Common Questions

Frequently Asked

Security deposit limits in Wisconsin are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Wisconsin statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

Apartments

Find student apartments in Wisconsin

Browse off-campus housing across every Wisconsin university with tenant reviews, walk and safety scores, and percentile-trimmed price bands.

Browse Wisconsin apartments

Browse All States

WisconsinTenant Rights.