Wisconsin Tenant-Landlord Rental Laws & Rights for 2024

Tenant Rights and Landlord Responsibilities in Wisconsin

In Wisconsin, both tenants and landlords have certain rights and responsibilities under state law. Tenants have the fundamental right to safe, habitable housing that meets all applicable building and housing codes. Rental units must be structurally sound, with working utilities, adequate heat, hot and cold running water, and proper sanitation facilities.

Landlords are responsible for maintaining rental properties in a fit and habitable condition, making any necessary repairs to keep the premises up to code. This includes fixing issues with plumbing, heating, electricity, and other essential services. Tenants have the right to a reasonable period of time to allow the landlord to make repairs after being notified of issues.

Wisconsin law prohibits landlords from retaliating against tenants for exercising their legal rights, such as complaining about unfit conditions or joining a tenant union. Tenants also have protection from discrimination based on race, color, disability, lawful source of income, family status, and other protected classes.

Landlords must provide tenants with contact information for maintenance requests and handle them promptly. They also have an obligation to respect tenants' right to privacy and provide proper notice before entering a rental unit, except in case of emergency. Overall, the law aims to balance tenant rights to decent housing with a landlord's ability to manage their property responsibly.

Security Deposits in Wisconsin

According to Wisconsin security deposit laws, there are limits on how much a landlord can charge for a security deposit. For an unfurnished rental unit, the maximum allowable security deposit is the equivalent of one month's rent. For a furnished rental unit, the landlord can charge up to two months' rent as a security deposit.

Landlords in Wisconsin are required to hold all security deposits in a state-approved reserve account located within the state. This ensures the funds are properly handled and available for refund at the end of the tenancy.

When a tenant moves out, the landlord must return the full security deposit amount within 21 days, unless they are deducting money for unpaid rent or damages beyond normal wear and tear. If any deductions are made, the landlord must provide the tenant with an itemized written statement explaining the specific charges.

Allowable deductions from the security deposit include unpaid rent, repair costs for damages caused by the tenant's abuse or negligence, and cleaning or painting costs only when excessive soiling occurred beyond normal living conditions. However, the landlord cannot withhold any portion of the deposit for routine cleaning or repainting associated with normal use of the rental unit over time.

Any deduction from the security deposit must be reasonably calculated based on the actual costs incurred by the landlord. Arbitrary or excessive charges are not permitted under Wisconsin law. If the tenant disagrees with improper deductions, they can take legal action to recover the full refund owed.

Rent and Rent Control in Wisconsin

Wisconsin’s rental laws govern the relationship between landlords and tenants, including rent payments and regulations regarding rent increases. Understanding these laws is crucial for both parties to ensure a fair and transparent rental experience.

Rent Payments

In Wisconsin, the terms of rent payments, including the due date and amount, are typically outlined in the lease agreement. Tenants are expected to pay rent on time as specified in the lease. If rent is paid late, landlords are allowed to charge late fees. However, any late fee must be clearly stated in the lease agreement. Wisconsin law does not specify a maximum amount for late fees, but they must be reasonable and not punitive.

Notice for Rent Increases

For month-to-month tenancies, Wisconsin landlords must provide tenants with proper notice before increasing the rent. The standard notice period is at least 28 days. This notice must be given in writing and should clearly state the new rent amount and the date the increase will take effect. For fixed-term leases, landlords can only increase the rent at the end of the lease term unless otherwise specified in the lease agreement.

Rent Control

Wisconsin does not have statewide rent control laws. This means landlords are free to set rental prices based on market conditions without statutory limits on how much they can increase rent. However, some local governments may have additional regulations that landlords and tenants should be aware of. In general, the absence of rent control allows landlords to adjust rents according to demand and other economic factors, but it also places the responsibility on tenants to be aware of potential rent hikes and to negotiate lease terms accordingly.

Terminating a Lease in Wisconsin

In Wisconsin, landlords and tenants must follow specific notice requirements to properly terminate a lease agreement. The amount of notice needed depends on the type of rental agreement in place.

For month-to-month rental agreements with no set lease term, a landlord must provide at least 28 days' written notice to terminate the tenancy. The tenant is also required to give at least 28 days' notice before moving out.

If there is a valid lease in place for a set term (e.g. 6 months or 1 year), neither the landlord nor tenant can terminate early without legal grounds. The lease will simply expire at the end of the term unless it is formally renewed.

However, if there is a provision in the lease allowing for early termination with proper notice, those terms must be followed exactly. Typical notice periods in this situation range from 60-90 days.

To properly terminate a lease, written notice should be given stating the planned move-out date. For landlords, this notice must be served in-person or by certified mail. Tenants should follow any instructions in the lease for providing notice.

Verbal notice is generally not considered valid for ending a lease term. Both parties should keep documentation of any termination letters that are sent or received.

A landlord cannot terminate or refuse to renew solely as retaliation if a tenant exercises their legal rights, like requesting repairs. Terminations must be made in good faith according to the lease terms.

Evictions in Wisconsin

A landlord can only evict a tenant in Wisconsin for specific legal reasons outlined in the state's landlord-tenant laws. These include:

• Nonpayment of rent
• Violation of the rental agreement or lease terms
• Causing significant damage to the property
• Engaging in illegal activity on the premises
• Remaining on the property after proper lease termination

The eviction process begins with the landlord serving the tenant with a specific eviction notice, depending on the grounds for eviction. For nonpayment of rent, the landlord must provide a 5-day notice to pay or vacate. For other lease violations, a 14-day notice to remedy the violation or move out is required.

If the tenant does not comply with the eviction notice, the landlord can then file an eviction lawsuit with the local court. The tenant will receive a summons and complaint, and both parties will have an opportunity to present their case before a judge.

Wisconsin law prohibits "self-help" evictions where the landlord attempts to remove the tenant themselves or shuts off essential services like heat or electricity. Only a law enforcement officer can carry out a court-ordered eviction.

Tenants facing eviction have rights during the process, including the ability to dispute the eviction in court and present a defense. Valid defenses may include the landlord's failure to maintain the property, retaliation for requesting repairs, or discriminatory motives.

If the court rules in favor of the landlord, the tenant will receive a specific date by which they must vacate the property. Failure to leave by that date can result in law enforcement removing the tenant and their belongings.

Squatters' Rights in Wisconsin

Squatters' rights in Wisconsin are governed by the legal doctrine of adverse possession, which allows individuals to claim ownership of a property if they meet specific criteria over a continuous period. Adverse possession laws are intended to encourage property owners to actively monitor and maintain their properties, ensuring productive use of the land.

Criteria for Adverse Possession

To establish a claim of adverse possession in Wisconsin, a squatter must satisfy several criteria over a statutory period of 20 years. The key elements include:

• Actual Possession: The squatter must physically occupy the property, using it as an owner would. This includes living on the property, making improvements, or maintaining it.
• Open and Notorious: The possession must be visible and obvious to anyone, including the property owner. The squatter's presence should be apparent and not hidden, providing clear notice to the owner.
• Exclusive Possession: The squatter must be the sole occupant of the property, not sharing control with the owner or others.
• Hostile Possession: The occupation must be without the owner’s permission and against the owner’s interests. Hostility in this context means the squatter does not have legal authorization to be on the property.
• Continuous Possession: The squatter must occupy the property continuously for the entire statutory period without significant interruption.

Color of Title and Adverse Possession

Having color of title can strengthen a squatter's adverse possession claim in Wisconsin. Color of title refers to a situation where the squatter has a document that appears to give them ownership, such as a deed or court order, even if it is legally defective. While having color of title can make it easier to claim adverse possession, the squatter must still meet all other criteria and occupy the property for the required 20-year period.

Property Owners' Rights and Preventative Measures

Property owners in Wisconsin can take several steps to prevent adverse possession claims:

• Regular Inspections: Routinely inspecting and maintaining the property helps identify and address unauthorized occupancy promptly.
• Clear Boundaries: Erecting fences or posting signs can help establish clear property boundaries and deter squatters.
• Prompt Legal Action: Taking swift legal action to remove squatters can prevent them from meeting the continuous possession requirement.
• Granting Permission: Providing explicit permission for someone to use the property can negate the hostility requirement, thereby preventing an adverse possession claim.

Legal Process and Challenges

To establish a claim of adverse possession, a squatter typically needs to file a lawsuit to obtain a court judgment recognizing them as the legal owner of the property. The burden of proof lies with the squatter to demonstrate that all conditions of adverse possession have been met. Property owners can challenge these claims by presenting evidence that the criteria were not fulfilled, such as showing that the squatter’s possession was not continuous or that they had permission to be on the property.

Fees and Charges Allowed in Wisconsin Rentals

Wisconsin law places some restrictions on the types of fees and charges landlords can require from tenants. Application fees are allowed, but they must be limited to the actual costs incurred by the landlord for credit checks, reference checks, and other application processing expenses. Excessive application fees that exceed reasonable costs are prohibited.

Landlords in Wisconsin can charge a monthly pet rent or pet fee for tenants with animals, in addition to the standard rent. However, these pet fees must be reasonably related to the actual costs of having pets on the property, such as increased cleaning and maintenance. Unreasonably high "pet rent" is not permitted.

Late fees for overdue rent payments are allowed, but Wisconsin caps them at 5% of the total monthly rent charge. So if rent is $1,000 per month, the maximum late fee would be $50. Landlords cannot impose excessive late fees beyond this 5% limit.

In addition to rent, landlords can only charge tenants for actual out-of-pocket costs like utilities. Fees not directly tied to a specific service provided are generally not permitted under Wisconsin landlord-tenant laws. Any fees charged must be clearly disclosed upfront in the rental agreement.

Fair Housing Laws in Wisconsin

Wisconsin's fair housing laws prohibit discrimination in housing based on several protected characteristics. Landlords cannot refuse to rent, impose different rental terms, or otherwise make housing unavailable to someone due to their race, color, national origin, sex, disability, religion, familial status, age, lawful source of income, sexual orientation, or status as a victim of domestic abuse, sexual assault, or stalking.

These fair housing protections apply to all aspects of the landlord-tenant relationship, including advertising rentals, screening applicants, setting rental terms and policies, granting access to amenities, processing requests for reasonable accommodations or modifications, and terminating a tenancy. 

Landlords are barred from making discriminatory statements or publishing advertisements that indicate a preference or limitation based on a protected class. They cannot impose more burdensome application requirements, higher security deposits, or stricter standards for certain protected groups.

Landlords must make reasonable accommodations in rules, policies, and operations for tenants with disabilities who require such accommodations. This may include allowing service animals, transferring a tenant to an accessible unit, or permitting a live-in aide. Reasonable modifications to a dwelling, at the tenant's expense, must also be allowed for disability access needs.

Families with children under 18 cannot be discriminated against or restricted from renting certain unit types, with limited exceptions for qualified senior housing. Landlords cannot impose different deposits, rules, or access to amenities for families.

Victims of domestic violence, sexual assault, or stalking are protected from discrimination in housing based on that status. Landlords cannot evict or impose harsher terms due to incidents related to the abuse.

Any person who believes they have experienced illegal housing discrimination can file a complaint with state or federal fair housing agencies. Both monetary damages and injunctive relief may be available for violations.

Repairs and Maintenance Responsibilities

In Wisconsin, landlords have a duty to maintain rental units in a reasonable state of repair and fit for human habitation. This means ensuring compliance with applicable housing codes and keeping vital systems like plumbing, heating, and electricity in proper working order.

When a tenant notifies the landlord of a needed repair, the landlord must address it in a timely manner. For minor issues, 30 days is generally considered a reasonable response time. For more serious problems affecting habitability, such as a broken furnace in winter, the landlord should act within a week or less.

If a landlord fails to make necessary repairs after proper notice from the tenant, the tenant has some potential remedies under Wisconsin law:

• Rent withholding - The tenant can deduct the cost of the repair from the next month's rent payment if the issue makes the unit uninhabitable.
• Repair and deduct - The tenant can hire someone to make the repair and then deduct the cost from rent, up to the price of one month's rent.  
• Termination - For major violations that the landlord fails to fix, the tenant may be able to terminate the rental agreement early without penalty.

Tenants cannot simply abandon the property or stop paying rent due to repair issues. They must provide proper notice and follow the remedies process exactly as prescribed by state law. Improperly withholding rent can lead to eviction.

Tenants are responsible for keeping their rental unit clean and undamaged beyond normal wear and tear. They must promptly notify the landlord of any conditions that need repair.

Landlord Entry to Rental Property

In Wisconsin, landlords cannot enter a tenant's rental unit whenever they wish. There are specific rules and notice requirements that govern when and how a landlord may legally enter the premises.

Generally, a landlord must provide at least 12 hours advance notice before entering a tenant's unit. This notice can be verbal or written. The notice must also state the intended reason for entry, such as to make repairs, conduct an inspection, or show the unit to prospective tenants or buyers.

Permissible reasons for a landlord to enter include:

• Repairs or maintenance
• Inspection of the premises
• To show the unit to prospective tenants or buyers
• In case of an emergency (such as a fire or burst pipe)

Even with proper notice, a tenant can deny entry to the landlord if they have reason to believe the stated purpose is not legitimate. For example, if a landlord gives notice of entry to show the unit, but the tenant suspects it's actually for another reason, they can refuse entry.

Landlords are prohibited from abusing their right of entry to harass, intimidate, or retaliate against tenants. Improper entries without notice or reason may be considered violations of the tenant's right to privacy and peaceful enjoyment of the premises.

It's important for both landlords and tenants to understand and follow these entry rules. Violations can potentially lead to civil penalties or lawsuits.

Security Devices in Wisconsin Rentals

Wisconsin law allows tenants to request certain security measures for their rental units, and landlords must comply with reasonable requests. Tenants have the right to install window locks and door viewers (peepholes) on any entrances at their own expense. If these devices become defective or break, the landlord is responsible for repairing or replacing them.

Landlords are required to rekey any exterior entry door locks or provide new keys when a new tenant moves into a unit that was previously occupied. This prevents former tenants from having access.  

For apartment buildings, landlords must install entry door locks on the main entrances and provide keys to new tenants. These entry doors must be kept locked at all times.

Tenants can also request that their landlord install security cameras on the premises, though the landlord is not obligated to provide this. If security cameras are present, the landlord must post notices informing tenants that the area is under surveillance.

When it comes to installing additional security devices like window bars, door gates, or deadbolts, tenants must get written approval from the landlord before making any modifications. Landlords can only refuse such requests if they are unreasonable. Tenants are responsible for paying for any approved security installations and must leave them in place when they move out unless the landlord requests their removal.

Overall, Wisconsin rental laws aim to give tenants the ability to enhance security at their residences, while also preserving the landlord's property rights through reasonable limitations. Effective communication between both parties is key to finding acceptable security arrangements.

Renter Rights During Property Sale or Condo Conversion

In Wisconsin, tenants have certain protections in place when their rental property is being sold or converted to condominiums. The landlord is required to provide adequate notice to tenants before they must vacate the premises.

If the new owner plans to occupy the unit themselves, they must give at least 60 days written notice to the tenant to vacate after the sale is completed. For condo conversions, tenants with leases must receive 120 days notice before having to move out, or they can remain until their lease expires, whichever is later.  

Tenants are not automatically entitled to relocation assistance or compensation when their building is sold or converted. However, some municipalities like Milwaukee have local ordinances requiring landlords to pay relocation fees in certain situations. For example, in Milwaukee landlords must pay $700-$2,700 per unit depending on whether utilities are included.

Failure by the landlord to provide proper notice can allow the tenant to remain in the unit until the required notice period is satisfied. Tenants facing displacement due to a sale or condo conversion are advised to review their lease and local laws to understand their full rights and potential remedies.

Tenant Protections in Foreclosure Situations

In Wisconsin, tenants have certain protections if the rental property they are living in goes into foreclosure. Federal law requires that tenants be given at least 90 days' notice before being asked to vacate the premises after the completion of a foreclosure sale. 

However, Wisconsin state law goes even further by allowing month-to-month tenants to remain in the property until the end of their lease term, as long as they continue paying rent. For tenants with longer lease periods, they must be permitted to occupy the unit until the existing lease expires.

If the new owner after foreclosure wants the tenants to move sooner, they may offer a "cash for keys" agreement. This provides monetary compensation, typically equal to one or two months' rent, in exchange for the tenants vacating the property by an agreed-upon date without requiring a formal eviction process.

Tenants do not have to accept a cash for keys deal. As long as they have been paying rent on time, they can insist on their rights under Wisconsin law to remain until their lease ends or the 90-day federal notice period expires, whichever is later. The new owner must utilize standard eviction procedures if they want to remove the tenants sooner.

Frequently Asked Questions

What can landlords not do in Wisconsin?

Landlords in Wisconsin cannot engage in discriminatory practices based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, or marital status. They cannot evict tenants without proper notice and a court order, lock tenants out of the property, shut off utilities to force tenants to leave, or retaliate against tenants for exercising their legal rights, such as reporting health or safety violations or joining a tenants' union.

How much notice do you have to give a landlord in Wisconsin?

In Wisconsin, tenants must give proper notice when terminating a rental agreement. For month-to-month tenancies, tenants must provide at least 28 days' written notice before the end of the rental period. For fixed-term leases, the notice period required to terminate the lease early should be specified in the lease agreement. If not specified, the lease generally ends on its expiration date without additional notice.

Can a landlord evict you without going to court in Wisconsin?

No, a landlord cannot legally evict a tenant without going to court in Wisconsin. The landlord must follow the proper legal eviction process, which includes providing the tenant with the appropriate notice to vacate. If the tenant does not leave by the end of the notice period, the landlord must file an eviction lawsuit (also known as an "unlawful detainer" action) in court. Only after obtaining a court order can the landlord proceed with the eviction.

When can a tenant withhold rent in Wisconsin?

In Wisconsin, tenants may withhold rent if the landlord fails to make necessary repairs that affect the health and safety of the rental unit. Before withholding rent, the tenant must provide the landlord with written notice of the needed repairs and allow a reasonable time for the landlord to address the issues. If the landlord does not make the repairs, the tenant can withhold rent or may choose to repair and deduct the cost from the rent. It is advisable for tenants to document all communications and expenses related to the repairs.

How long does a landlord have to fix something in Wisconsin?

Wisconsin law does not specify an exact timeframe for landlords to make repairs. However, repairs must be made within a "reasonable time" after the tenant notifies the landlord of the issue. What constitutes a reasonable time can depend on the severity and nature of the repair. For urgent repairs affecting health and safety, landlords are expected to act promptly.

Can a landlord refuse to renew a lease in Wisconsin?

Yes, a landlord in Wisconsin can refuse to renew a lease at the end of the lease term without providing a reason, as long as the refusal is not based on discriminatory or retaliatory grounds. The landlord must provide proper notice of non-renewal as specified in the lease agreement or according to state law. For month-to-month tenancies, the landlord must provide at least 28 days' notice of non-renewal before the end of the rental period.