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Contents
Landlord Studio is an easy to use property management and accounting software designed for landlords.
Find and screen tenants, collect rent online, track income and expenses, run reports, and more - all for free.
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
All provisions by Wisconsin law to regulate landlord-tenant relations can be found in Wis. Stat. ch. 704, and Wis. Admin. Code ch. ATCP 134.
Below is a breakdown of some of the most important Wisconsin laws as regards landlord-tenant rights and duties.
Are landlords in Wisconsin required to give notice before entering the property?
Yes. A landlord is required to provide at least 12 hours' notice if they need to enter a tenant's home for a legitimate cause, such as performing maintenance, inspecting the property, or giving a prospective tenant or buyer a tour. (Wis. Stat. Ann. §§ 704.05(2)) (PDF guide)
Are landlords in Wisconsin allowed to enter the property to conduct maintenance and repairs?
Yes. Landlords are permitted entry to conduct repairs on the rental property even while tenants have "exclusive possession" of it as long as they give the renter advance notice and provide access at "reasonable times." However, in emergency situations, a landlord may also enter without warning (ATCP 134.09(2), Wis. Stat. 704.05(2)).
ATCP 134.09(8)
Landlords cannot charge a late rent fee unless it is specified under the rental agreement. Additionally, landlords cannot charge a tenant a fee for the late payment or nonpayment of a late fee or rent penalty. (ATCP 134.09(8))
Landlords must only charge a reasonable amount for the late fee and give the tenant a 5-day grace period after the rent due date for them to pay before applying the late fee or filing a notice of termination. A late fee of $20 or 20% of the monthly rental amount, whichever is greater, is presumed reasonable. (Wis. Stat. 704.90(4b))
There are additional late fee restrictions in the city of Madison, Wisconsin, where landlords cannot charge a late fee of more than 5% of the monthly rent, and again it must be detailed in the lease agreement to be valid. (MGO 32.12(11))
Source: Landlord/Tenant Guide - DATCP - Wisconsin.gov, Tenant & Landlord Rights and Responsibilities | City of Madison DPCED.
SECTION 2
There is no cap on rent increases in Wisconsin (with the exception of renters who live in housing that is income-restricted). Neither ATCP 134 nor Wis. Stat. 704 provides any statutes that cover rent hikes. Additionally, counties and municipals in Wisconsin are prohibited from enacting rent control laws, according to Wis. Stat. 66.1015.
Rent cannot be increased during a fixed-term tenancy, and landlords are required to give at least 28 days' notice before the lease end date if they wish to raise the rent. If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient.
Rent increases and modifications are not permitted for fixed-term leases (such as one-year lease arrangements) until the lease has ended and a new tenancy has started.
(Wis. Stat. Ann. §§ 704.19(3))
While landlords in Wisconsin are free to raise rent as they deem fit, there are certain situations where raising rent would be considered illegal. These include:
Source: Landlord-tenant relations in Wisconsin - Department of Agriculture, Trade and Consumer Protection
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SECTION 3
A lease is a contract that outlines the rights and responsibilities of both the landlord and the tenant. It can be either oral or written. For leases of one year or less, an oral agreement is as legally binding as a written one. However, proving the terms of an oral lease can be challenging. A written lease helps to prevent misunderstandings between the landlord and the tenant.
A lease lasting longer than one year must be in writing to be enforceable. A written lease should include specific information and provisions as required by state laws.
Regardless of whether the lease is oral or written, the landlord must provide the tenant with the names and addresses of the property owner(s) and authorized agents, such as a building manager, in writing. The only exception to this requirement is if the owner lives on the premises, and the property has four or fewer dwelling units. In this case, no written disclosure is necessary.
There are certain requirements landlords need to fulfill when creating a Wisconsin lease agreement to make it legally binding.
As per Wisconsin law, landlords are required to include the rental property's address, the names of the tenants who will occupy it, the rent amount they will be paying, and the length of the lease agreement in the contract.
Additionally, other inclusions expected in the contract is information on the security deposit, remedies for damages or late payments, and other important elements.
Here’s a list of what to include in a lease agreement in Wisconsin:
Free Resources: Wisconsin Lease Agreement Templates | eForms
Source: Lease Application Process & Rental Agreements (Leases) Rights
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SECTION 4
Landlords in the state of Wisconsin are allowed to charge a security deposit from renters before moving in. However, there are specific regulations that landlords are obligated to follow when collecting, making deductions, or refunding this deposit.
There’s no limit to how much a landlord can charge as a security deposit in Wisconsin. However, it’s important to note that some counties or municipals might have laws that regulate security deposits. So, landlords should always confirm and abide by local laws on deposits.
Wisconsin security deposit law allows landlords to ask for an additional pet deposit. Disabled people who depend on service and emotional support animals are excluded from paying this deposit. However, they are still liable for any expenses paid if the service animal damages the rented property.
According to Wisconsin law, landlords are permitted to deduct part or withhold the entire deposit to cover for certain expenses. Here are some of the valid grounds for deductions:
(ATCP 134.06(3)), (ATCP 134.06(4))
In Wisconsin, there’s no legal provision for where a landlord should store a tenant's security deposit.
According to Wisconsin law, landlords are required to return the entirety or part of the security deposit that belongs to the tenant within 21 days. The 21-day period begins from the date the tenant vacates the leased property, as indicated in the lease agreement, or when it is determined that the leased property has been abandoned.
If any deductions were made, the tenant is entitled to get an itemized statement detailing the deduction expenses.
Missing this deadline can come with serious legal consequences for a landlord. Tenants may sue them in Small Claims Court to recover reasonable legal fees and court expenses.
No law in Wisconsin mandates landlords to provide tenants with interest accumulated on their security deposits.
Source: Landlord Tenant Guide - DATCP - Wisconsin.gov, (ATCP 134.06)
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SECTION 5
Landlords in Wisconsin cannot evict a tenant without a valid reason. Both landlords and tenants need to understand these reasons to ensure compliance with state regulations.
Here are some of the grounds for eviction in Wisconsin:
A landlord can start the eviction process if the tenant does not pay the rent on time after being served a notice to pay or vacate.
Tenants may face eviction if they violate any of the provisions of their lease, including allowing pets or unauthorized inhabitants, causing damage to the property, or engaging in other violations. Landlords are obligated to give notice, usually with an opportunity for the tenant to correct the infraction.
Landlords can evict a tenant from the rented property if they engage in unlawful activity there. Depending on how bad it is, tenants may have to face immediate eviction without any prior notice required.
Behavior that interferes with other tenants' peaceful use of the property or disturbs them may also be grounds for eviction. However, landlords are required to give the renter due notice and a chance to make amends.
Before a landlord can start the eviction process, they are required to first serve a Wisconsin eviction notice to the renter and give the tenant a chance to rectify or correct any of the aforementioned lease violations.
The type of notice sent and the notice period required is dependent on the situation. See a detailed list of notice requirements under Section 7: Wisconsin Laws Around Breaking A Lease.
Landlords in Wisconsin are required by law to adhere to the eviction process in order to guarantee a just and legitimate eviction. Both landlords who must evict a tenant and tenants who might be facing eviction must comprehend this procedure.
Here is a detailed overview of the Wisconsin Eviction process:
For eviction to be lawful, the landlord must provide a good reason, such as unpaid rent, broken lease terms, or unlawful activity.
The landlord must provide the tenant the legally needed notice, such as a 5-day notice for nonpayment of rent or a 28-day notice to end a month-to-month rental, depending on the reasons for eviction.
The landlord must wait for the notice period to expire after issuing the notice in order to provide the tenant an opportunity to address the situation, for as by making good on past-due rent or fixing a lease breach.
The landlord may file an eviction lawsuit in the local court, known as a "small claims action," if the renter disregards the notice.
The court hearing is attended by both sides. The tenant has the right to provide a defense, and the landlord must establish the validity of the eviction.
A "writ of restitution," or court order for eviction, will be issued if the judge finds in the landlord's favor.
Enforcing the eviction is the last stage, usually done by a sheriff. Tenant cannot be evicted from the property by the landlord in person.
Source: Evictions - Wisconsin.gov
SECTION 6
The state of Wisconsin has certain rental application laws to ensure fairness for both tenants and landlords during the screening process. Here are some of the most important laws to consider:
(Wis. Stat. Sec. 704.085(1)) and (Wis. Admin Code ATCP 134.05(4))
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SECTION 7
In Wisconsin, landlords can end a lease for various reasons, each with specific notice requirements. Here's a summary of the valid reasons and corresponding notice periods:
According to Wisconsin law, landlords are permitted to insert an "Early Termination Clause" in their lease. There, they can outline all the guidelines that the renter must follow to vacate the rental property early.
In most cases, the tenant can terminate the rental arrangement with the landlord in exchange for a penalty fee.
Even after signing a lease agreement, tenants who are starting active military duty are entitled to legal protection under the Servicemembers Civil Relief Act (SCRA).
The SCRA gives tenant protection as soon as the tenant reports for service and continues to do so for 30 to 90 days. However, tenants may only terminate the rental agreement thirty days following the beginning of the subsequent rent period; they will not be allowed to do so automatically.
In order to terminate a lease early, the tenant must provide written notice to their landlord along with evidence that they will be away for work for the next ninety days. Also, they would be required to submit a copy of their deployment orders.
All landlords must endeavor to maintain their premises in compliance with the health and safety regulations of the state. As such, tenants are entitled to request a repair if they discover any hazards on the property.
If repairs are not carried out as required tenants are considered as being "constructively evicted." This releases them from the need to adhere to the conditions of the lease, enabling them to terminate it without incurring any fines.
Landlords infringing on a tenant’s privacy rights can also be considered “constructively evicting” the renter. Here are some of the common cases of Landlord harassment you should watch out for:
Victims of domestic abuse, stalking, or sexual assault are allowed to break a lease without any penalty, under Wisconsin law.
Landlords cannot decline to extend or end a tenancy if the tenant or someone who is legally residing with them has been proven to be the victim of sexual assault, domestic abuse, or stalking. Additionally, the renter may ask for an early lease termination if they believe that staying in the unit would cause them or their child physical damage.
In this case, tenants may seek a lock replacement within 48 hours, but they will be responsible for all associated fees.
Source: Wis. Stat. § 704.29, § 704.19.
SECTION 8
Below is an overview of some Wisconsin HOA Laws that often apply to homeowners associations:
In Wisconsin, homeowner's associations are not specifically governed by any state legislation. The Wisconsin Nonstock Corporations Act, located in Chapter 21 of the Wisconsin Statutes, grants statutory recognition as nonprofit organizations to the majority of HOAs. The internal affairs and duties of members and directors are governed by this statute.
Wisconsin has a statute that shields homeowners from discrimination in housing. It provides state-level protections and is comparable to the federal Fair Housing Act. HOAs are prohibited by law from discriminating against homeowners on the basis of race, handicap, family status, and other factors by the Open Housing Law.
The creation, management, and operations of condominium associations created in accordance with this act are governed by submitting a statement with the county registrar of deeds in the area.
Anyone involved in the sale, exchange, or land contract transfer of real estate with one to four dwelling units is required to provide certain disclosures under the Wisconsin Disclosures by Owners of Real Estate Law Act.
Time-share properties and condominiums fall under this category. Sections 709.02 to 709.04 and 709.06 specify the information and documentation that these associations must submit, unless the transfer is exempt from specific requirements under Wisconsin Statutes 77.25.
Source: Wisconsin Nonstock Corporations Act, Wisconsin Open Housing Law, Wisconsin Condominium Ownership Act, Wisconsin Disclosures by Owners of Real Estate Law Act.
SECTION 9
A squatter must fulfill a number of crucial conditions in order to acquire Wisconsin squatter's rights through adverse possession:
For a minimum of 20 years, the squatter must live there or otherwise occupy the land. This entails living on the property, storing possessions there, taking care of the land, and other activities as though they were the owners.
The squatter is permitted to leave the property for short periods of time, but not for extended periods of time. By "tacking" on time periods from prior possessions to reach 20 years, it is also possible to make up the required 20 years of continuous occupation.
The squatter's profession needs to be antagonistic to the owner of the real estate. They have to be in possession of the property against the will of the rightful owner and without authorization. The way that the squatter uses the land should make it obvious that they are claiming possession rather than having permission from the rightful owner to be there.
In order to notify the legitimate owner, the squatter must occupy the land in a visible and conspicuous manner. They are not allowed to try to hide their residence or limit their use of the land to the evenings. Anyone visiting the property ought to be able to tell that the squatter is in possession of it.
The 20-year occupancy period's final five years are when the squatter is required to pay any land-related property taxes. It is not necessary to pay the taxes in the squatter's name alone. After 20 years, a squatter who satisfies these conditions may be allowed to file an adverse possession claim in Wisconsin and acquire the land legally.
Source: Law of Adverse Possession - Wisconsin Legislative Documents
SECTION 10
Below, you’ll find some helpful Wisconsin landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
