Wisconsin Landlord-Tenant Law: 2024 Overview of Rights

Navigating the complexities of Wisconsin landlord-tenant law is no easy feat. To help you grasp these laws, we created this guide. It covers lease agreements, the rights and responsibilities of tenants and landlords, information about rent and security deposits, and the eviction process.

By familiarizing yourself with these key areas, you can protect your interests and ensure a smooth rental experience. Whether you’re a tenant or a landlord, keep reading for the information you need to navigate the legal landscape.

Key Findings: Landlord-Tenant Rights & Responsibilities

Landlords and tenants have specific rights and responsibilities that underpin their relationship. The rental agreement is the legal document that outlines these rights and obligations.

We briefly cover the key points now before getting into more detail below.

Wisconsin landlords have the right to:

• Receive rent on time: As agreed upon in the Wisconsin lease agreement, landlords have the right to receive rent payments on time.
• Collect a security deposit: Landlords can collect a security deposit to cover tenant-caused damages.
• Inspect the property as needed: Landlords can inspect it at reasonable times and with proper notice to ensure its maintenance and identify potential issues.
• Evict tenants: Landlords have the right to evict tenants for non-payment of rent, violation of lease terms, or other lawful reasons, following proper legal procedures.
• Sell the property: Landlords have the right to sell the property, even if there are tenants, as long as they provide proper notice and comply with relevant laws.

Wisconsin landlords are responsible for:

• Maintaining habitable conditions: Landlords must ensure the rental property is habitable, meaning it meets basic standards for safety, health, and sanitation. Standards include providing essential services like heat, water, and electricity.
• Making necessary repairs: Landlords are responsible for making necessary repairs promptly, especially those that affect the property’s habitability.
• Complying with housing laws: Landlords must adhere to all applicable federal, state, and local housing laws, including fair housing laws and building codes.
• Returning the security deposit: Landlords must return the security deposit to the tenant within 21 days after the lease ends, minus any damage deductions or unpaid rent.
• Providing reasonable notice before entering: Landlords must provide tenants reasonable notice before entering the dwelling unit, except in cases of emergency or to make necessary repairs.

Wisconsin tenants have the right to:

• Safe and habitable living conditions: Tenants have the right to live in a safe and healthy environment. They must have access to essential services like heat, water, and electricity.
• Quiet enjoyment: Tenants have the right to peaceful enjoyment of their rental unit without unreasonable disturbances from the landlord or other tenants.
• Prompt security deposit return: Tenants have the right to get their security deposit back, minus any deductions for damages or unpaid rent, within 21 days after the lease ends.
• Privacy: Tenants have the right to privacy within their rental unit. Landlords must give reasonable notice before entering the unit, except in cases of emergency or to make necessary repairs.
• Fair housing: Fair housing laws protect tenants from discrimination based on race, color, religion, national origin, sex, disability, or familial status.

Wisconsin tenants are responsible for:

• Paying rent on time: Tenants are responsible for paying rent on time as specified in the lease agreement.
• Maintaining the property: Tenants are expected to keep the rental unit clean and free from damage. They should also dispose of waste properly.
• Complying with lease terms: Tenants must adhere to all terms and conditions outlined in the lease agreement, including rules about pets, guests, and noise levels.
• Notifying the landlord of any issues: Tenants should promptly notify the landlord of maintenance issues or repairs needed within the rental unit.
• Respecting other tenants: Tenants should respect the rights and privacy of other tenants in the building or complex.

Best Practices for Screening Prospective Tenants

Landlords in Wisconsin are allowed to conduct background and credit checks before leasing to prospective tenants. The state allows landlords to collect a non-refundable fee of $25 to cover the costs of these screenings.

Prospective tenants can waive this cost by providing a copy of a recent credit screening (no more than 30 days old). Landlords must also provide all tenants with a copy of the credit and/or background report (§ 704.085).

To ensure a smooth and compliant tenant screening process, try TurboTenant’s Tenant Screening software. Our software empowers you to confidently rent to trustworthy tenants while adhering to fair housing laws. With TurboTenant, you can streamline your screening process and protect your investment.

Compliance with Fair Housing Laws in Wisconsin

Wisconsin’s Fair Housing Law protects individuals from housing discrimination based on race, color, religion, ancestry, sex, disability, income source, sexual orientation, and familial status. The City of Milwaukee has also added gender/identity expression and people receiving rental assistance as protected parties. In conjunction with federal fair housing laws, this law ensures that all renters have an equal opportunity to find housing.

What actions are considered housing discrimination?

Housing discrimination in Wisconsin is illegal and can have serious consequences for landlords and property owners. Here are some common actions that violate fair housing laws:

Discriminatory Actions

• Refusing to rent: Denying housing to someone based on race, color, religion, national origin, sex, disability, or familial status.
• Discriminatory terms: Imposing different terms or conditions on housing, such as charging higher rents or security deposits, based on a protected characteristic.
• False or misleading advertising: Advertising housing in a way that suggests preference or limitation based on a protected characteristic. For example, using language like “no children allowed.”
• Discriminatory tenant screening: Using criteria in tenant screening that disproportionately impact individuals in protected classes, such as criminal background checks or credit history checks that are not directly related to rental qualifications.
• Harassment: Engaging in harassment or intimidation of tenants based on their protected characteristics, such as making derogatory comments or threats.
• Refusal to make reasonable accommodations: Failing to make reasonable accommodations for tenants with disabilities, such as modifying rental policies or making physical modifications to the unit.

How can discrimination be avoided in rental practices?

To prevent discrimination in rental practices, landlords and property managers should:

• Use fair tenant screening practices: Use objective criteria, such as rental history, income verification, and references. Avoid using factors that could lead to discriminatory outcomes, such as criminal history or credit scores.
• Consistently apply rules: Apply rules and policies consistently to all tenants, regardless of protected characteristics.
• Provide reasonable accommodations: Make reasonable accommodations for tenants with disabilities, as required by law.
• Adequately train staff: Provide regular fair housing law and regulation training. Training ensures that employees understand their obligations and can identify and address potential discrimination.

What are the repercussions for fair housing violations?

Violating fair housing laws in Wisconsin can have severe consequences. Landlords could face:

• Legal actions: Civil lawsuits, administrative proceedings, or even criminal charges
• Financial penalties: Substantial fines and damages
• Reputational damage: Negative publicity and difficulty attracting tenants

Wisconsin Lease Agreements

According to Wisconsin state law, Wisconsin lease agreements are not required to be in writing (ATCP 134.07). Even though it’s not legally required, a written lease agreement clarifies and protects landlords and tenants. It outlines expectations, responsibilities, and remedies to minimize misunderstandings and potential legal complications.

Leases commonly operate on a week-to-week, month-to-month, or fixed-term basis. Week-to-week and month-to-month leases automatically renew until terminated by either party. Fixed-term leases, however, have a specific end date and may turn into month-to-month leases. They may also require renewal and, in some cases, simply terminate at the end of the term.

Which lease terms are legally required in Wisconsin?

Wisconsin lease agreements must include essential terms such as the names of all parties, property address, lease term, rent amount, security deposit amount, and any pet fees or restrictions. Additionally, the lease should outline responsibilities for utilities, maintenance, and property conditions.

What constitutes legal renting in Wisconsin?

Landlords must ensure their properties comply with local building codes and health ordinances to maintain safe and habitable living conditions for tenants. Failure to do so can result in fines, legal penalties, and potential liability.

Further, Wisconsin law doesn’t explicitly set occupancy limits for rental properties. However, local zoning ordinances may impose restrictions based on property size, number of bedrooms, and other factors. Be mindful of these rules to ensure your rental is legal.

What tenant documentation is required?

When renting in Wisconsin, tenants typically must provide a valid government-issued ID, proof of income (such as pay stubs or tax returns), and rental history references. It’s crucial for tenants to maintain copies of all rental agreements, lease documents, and payment records for future reference and legal protection.

What are the mandatory landlord disclosures in Wisconsin?

Landlords are required to include six disclosures in all leases in Wisconsin. Failure to include them could invalidate the lease in court if any disputes arise. The mandatory disclosures include:

1. Landlord identification: The landlord must provide the tenant with written notice of the owner’s name and address, any agent’s name and address, and any individual authorized to manage the property or collect rent (§ 134.04).
2. Move-in checklist: If a landlord collects a security deposit, they must include a written notice that they have the right to inspect the unit for damages or that the new tenant must notify them of any damages previous tenants caused (§ 134.06).
3. Notice of Domestic Abuse Addendum: The lease agreement or an attached addendum must include language describing a tenant’s legal protections if they are a victim of domestic abuse, sexual assault, or stalking (§ 704.14).
4. Water/heat/electricity disclosure: If the tenant is responsible for paying water, heat, or electricity, the landlord must disclose this information before the lease is signed (§ 134.04).
5. Shared Utilities: All utilities sharing a meter must be disclosed, along with the formula used to divide them (§ 134.04).
6. Notice of Past Code Violations: A list of all past code violations on the property must be disclosed (§709.03).
7. Sex Offender Notice: The office of the Wisconsin Department of Corrections website and phone number for information must be disclosed (§704.50).
8. Notice of Electronic Delivery: This notice must be given if electronic delivery methods are to be utilized (§704.10).
9. Security deposit receipt: This is only required if a tenant pays a security deposit in cash. No receipt is required if the tenant paid the deposit via check (§ 134.03).
10. Lead-based paint disclosure: Federal law requires that all residences built before 1978 include a disclosure that notifies tenants of the possible existence of lead-based paint on the premises.

Consider using TurboTenant’s Wisconsin lease agreement builder to ensure your lease agreements comply with legal requirements.

Security Deposits in Wisconsin

Security deposits are a financial safeguard for landlords, protecting against potential damages, unpaid rent, or other financial liabilities that may arise during a tenancy. By requiring a security deposit, landlords can mitigate the risks associated with property management and ensure the preservation of their investment.

What are the guidelines for security deposit collection?

There is no legal limit on how much a Wisconsin landlord can charge for a security deposit. However, charging too high a security deposit could turn away potential tenants. Landlords are also not required to keep a security deposit in a specific banking institution or pay out accrued interest from the deposit.

When can deductions be made from security deposits?

Landlords in Wisconsin can legally deduct from a security deposit for specific reasons, including unpaid rent, damages exceeding normal wear and tear, and unpaid utilities if the tenant is responsible for them. It’s crucial to provide an itemized statement detailing each deduction, including the amount and reason for each charge. This statement ensures transparency and allows the tenant to dispute unjustified deductions (§ 134.06).

How should security deposits be returned?

Landlords in Wisconsin must return the security deposit, minus any deductions, within 21 days of tenants moving out. If the landlord deducts anything, they should send receipts justifying the costs (§ 134.06).

Maintenance Responsibilities of Landlords

Wisconsin landlords are legally obligated to maintain a habitable rental unit. This includes ensuring essential systems like heating, plumbing, and electricity function properly.

Landlords must also address issues that risk tenant health or safety, such as mold, pest infestations, or structural damage. Timely repairs are crucial to maintain tenants’ safe and comfortable living environment.

What are the legal standards for property conditions?

Wisconsin landlords must maintain rental properties that meet basic safety and health standards. This includes ensuring that essential systems like plumbing, heating, and electrical are in good working order.

Landlords must also address issues like pest infestations, mold, and structural damage that could compromise tenant health or safety.

What is the proper protocol for repairs?

Wisconsin law doesn’t mandate how long landlords have to make repairs, but they should repair as quickly as possible to maintain a good landlord-tenant relationship. Further, landlords must ensure their properties are habitable, so delaying any necessary repairs could give tenants the right to withhold rent or sue.

Do landlords need to give tenants advance notice before accessing a rental property?

Wisconsin landlords can enter their properties for routine maintenance or inspection reasons at reasonable times and with at least 12 hours’ notice. They can enter immediately if a health or safety emergency or entry is necessary to protect the property from damage and the tenant is not present (§ 134.09).

Late Rent Fee Regulations

No state laws in Wisconsin dictate how much a landlord can charge for late rent fees. However, the lease agreement must define the amount if a landlord charges a late rent fee (§ 134.09).

Rent Control in Wisconsin

Wisconsin is generally considered a landlord-friendly state because no rent control laws exist. Wisconsin state law forbids any county, city, town, or other local government from limiting how much landlords can increase rent (§ 66.1015).

If a landlord does increase rent, however, they must give tenants at least 28 days’ notice if the tenant pays rent monthly. If rent is paid more frequently than one month, landlords must give a notice equal to the rent-paying period. For example, if rent is due every week, landlords must give one week’s notice that rent is increasing (§ 704.19).

Lease Renewal and Termination

The notice period for lease renewals and terminations will depend on the lease terms. In Wisconsin, notice is not required for a fixed-term lease where the beginning and end dates are written down. If it is a month-to-month lease, landlords and tenants must give 28 days’ notice (§ 704.19).

Landlords in Wisconsin are not obligated to allow tenants to renew expiring leases. Wisconsin law allows tenants to break a lease under certain circumstances, including:

• Military Service: If a tenant is called to active duty, they can terminate the lease early.
• Domestic Violence: Victims of domestic violence may be able to break a lease early.
• Uninhabitable Conditions: If the rental unit becomes uninhabitable due to the landlord’s negligence, the tenant may have grounds to break the lease.

Eviction Procedures for Wisconsin Landlords

Eviction procedures vary by state, so Wisconsin landlords must understand local laws. Failure to follow proper procedures can lead to legal complications and delays in recovering possession of the property.

What justifications exist for eviction?

Wisconsin does not have no-fault eviction laws, so landlords can only evict a tenant with a qualifying reason. Some reasons a landlord might be able to evict a tenant in Wisconsin include:

• Lease violation: If the tenant violates the lease terms, the landlord may have the right to terminate the tenancy.
• Not paying rent: Persistent non-payment of rent can lead to lease termination.
• Illegal activities: If illegal activities occur on the property or the tenant presents a danger to other tenants, the landlord may terminate the lease.

Documenting lease violations, communications, and other relevant information is crucial for landlords in Wisconsin pursuing eviction. This documentation serves as evidence to support the landlord’s claims and helps establish a strong legal case.

What is the eviction process?

In Wisconsin, a tenant can only be evicted by a court order issued by a judge or court commissioner (§ 799.40). Landlords must carefully follow each step in the eviction process.

• Determine the length of notice: All eviction processes in Wisconsin begin with a properly served notice to vacate. These notices commonly range from 5 to 28 days, depending on the specific reason for eviction.
• Serve the notice: Proper service of these notices is crucial, as improper service is a leading cause of failed eviction attempts. Notices can be served by certified mail, by hand-delivering a copy to the tenant, or by securely posting them at the property’s entrance.
• File the lawsuit and attend court: If the tenant doesn’t comply, the landlord can file a lawsuit. A court hearing determines if eviction is justified.
• Eviction: If the court rules for the landlord, the sheriff removes the tenant.

How is property reclaimed after eviction?

Landlords must hold onto any prescription medication or medical equipment abandoned by a tenant for at least 7 days before disposal. Legally, landlords do not have to keep any other property and can dispose of it immediately (§ 704.05).

Local Ordinances for Landlords and Tenants

While this information provides a general overview of Wisconsin’s landlord-tenant laws, it’s important to note that specific regulations can vary by county and city. For the most accurate and up-to-date information, consult the official website of the Wisconsin State Legislature or local government websites for ordinances specific to your area.

Municode and American Legal Publishing are great resources to help Wisconsin landlords understand local laws and regulations.

Federal Landlord-Tenant Laws

It’s important to remember that all federal laws, such as the Fair Housing Act and the Americans with Disabilities Act, apply to all rental situations in the state of Wisconsin.

If landlords have questions about these federal housing regulations, check with these resources for more information:

• Consumer Financial Protection Bureau
• Environmental Protection Agency 
• Department of Housing and Urban Development

Managing Tenant Legal Disputes as a Wisconsin Landlord

Landlord-tenant disputes can escalate quickly. Documenting all interactions, understanding Wisconsin tenant laws, and seeking legal advice when necessary is crucial. Avoid self-help evictions and consider alternative dispute resolution methods like mediation or arbitration.

• Wisconsin State Law Library: This library provides free legal information and self-help resources on various legal issues, including landlord-tenant law.
• Wisconsin Courts Self-Help Center: The official website of the Wisconsin court system for court procedures, forms, and rules. The self-help center offers free resources on landlord-tenant laws in the state.
• Wisconsin State Bar Association: This organization offers free online legal resources and can also connect landlords with attorneys in the state specializing in landlord-tenant law.

Navigate Your Landlord-Tenant Relationship with TurboTenant

Managing a rental property can be a complex endeavor. Streamline your landlord-tenant relationship with TurboTenant, a comprehensive property management software designed to simplify your rental operations.

Key Features for Wisconsin Landlords:

• Online rental listings: Attract quality tenants with professional property listings.
• Tenant screening: Screen potential tenants and stay legally compliant.
• Rent collection: Automate rent collection and track payments.
• Maintenance requests: Efficiently manage maintenance requests and track repairs to avoid habitation issues.
• Lease signing: Create and e-sign legally binding leases online.

Ready to simplify your rental process? Sign up for a free TurboTenant account today and experience the difference.

Wisconsin Landlord-Tenant Law FAQs