Wisconsin Tenant-Landlord Rental Laws & Rights for 2025

Tenant Rights and Landlord Responsibilities in Wisconsin

Seriously. If you remember nothing else from this, remember these: 5%, 21, 28, and 14. I’ll explain why in a second. I’ve been doing this in Milwaukee and Madison for over a decade. Wisconsin’s laws aren’t vague—they’re a spreadsheet. Get a cell wrong, and it costs you. Here’s your shortcut.

Forget “landlord-friendly” or “tenant-friendly.” Wisconsin is “procedure-friendly.” The party that follows the procedure wins. Every time.

💰 SECURITY DEPOSITS: Day 22 Will Cost You Double.

The statute is Wis. Stat. § 704.28. Here’s the only part you need:

• What You Can Charge: One month’s rent (unfurnished). Two months’ rent (furnished). That’s the cap.
• Where It Goes: A separate account in a Wisconsin bank. Not your checking account.
• The Magic Number: 21. You have 21 days after the tenant moves out. To either return every penny or send a line-item list of deductions. A list that says “for damages - $200” is worthless. It needs details. “$200 to repaint wall where tenant installed unauthorized shelving (6 anchor holes, spackling, paint).”
• The Penalty (This is Important): No list in 21 days? The tenant can take you to small claims and ask for double their deposit back, plus their lawyer fees. I’ve sat in that courtroom. Judges do it.

The “Wear and Tear” Fight (And How to Skip It):
Landlords, you eat the cost of: faded paint, worn carpet from walking, loose handles.
Tenants, you pay for: holes in drywall, pet-stained carpet, broken tiles.
The Only Fix: Photos. On move-in day. Tenants, email a video walkthrough to your landlord that day. Landlords, use an inspection app. This isn’t being paranoid; it’s saving you a lawsuit.

📅 RENT: The 5% Late Fee & The 28-Day Notice.

Wisconsin loves percentages and calendars.

• Late Fees: The law caps them at 5% of the monthly rent (Wis. Stat. § 704.09). $1,200 rent = $60 max. And it must be in the lease. Charging $100? That’s illegal. The tenant can sue to get it back.
• Rent Increases (Month-to-Month): You need to give at least 28 days’ written notice. Not 27. Not “about a month.” Twenty-eight days.
• Ending a Month-to-Month Tenancy: Same rule. 28 days’ notice, from either side.
• Rent Control? Nope. But those notice periods are ironclad.

⚡ EVICTIONS: The 5-Day or 14-Day Countdown.

This is where procedure matters most.

• Didn’t Pay Rent? That’s a 5-Day Notice to Pay or Vacate (Wis. Stat. § 799.40(1)). They have 5 days to pay everything owed, or you can file in court.
• Broke the Lease (noise, pet, damage)? That’s a 14-Day Notice to Cure or Vacate. They get 14 days to fix the problem (like removing an unauthorized pet) or leave.
• The Golden Rule: You cannot change the locks. You cannot shut off the utilities. That’s an illegal “self-help” eviction. You will become the defendant in a very expensive lawsuit. Only the sheriff, with a court order, can remove a tenant.

For Tenants: A 5-day notice is a crisis. Address it immediately. An eviction on your record is a 7-year problem.

🔧 REPAIRS: “Reasonable Time” Isn’t Your Opinion.

Landlords must keep the place habitable. Tenants must report problems in writing.

What happens if the landlord doesn’t fix a broken furnace in January?

1. Tenant sends a written notice. (Email works).
2. Landlord gets a “reasonable time” to fix it. For no heat? 24-48 hours is “reasonable.” For a clogged drain? Maybe a week.
3. If they don’t act, the tenant can: Hire a repair person, pay them, and deduct the cost from the next rent check. (This is “repair and deduct,” and it’s capped at one month’s rent).

🚨 The Big Mistake: Tenants, do not just stop paying rent. If you withhold the entire rent without following the “repair and deduct” steps, your landlord can and will hit you with that 5-Day Notice for non-payment, and they’ll win the eviction. Use the tool the law gives you.

🚪 LANDLORD ENTRY: The 12-Hour Heads-Up.

Your landlord can’t just knock and walk in. They need to give you at least 12 hours notice (can be a call or a note) and have a real reason: to make a repair, do an inspection, or show the place to the next tenant. “Just wanted to see how you’re living” isn’t a reason.

❓ WISCONSIN FAQ (THE QUICK VERSION)

Q: When do I get my security deposit back?
A: Your landlord has 21 days after you move out to mail it or a deduction list.

Q: What’s the max late fee?
A: 5% of your monthly rent. Check your lease.

Q: How much notice to end a month-to-month lease?
A: 28 days, from you or the landlord.

Q: What’s the eviction notice for late rent?
A: A 5-Day Notice to Pay or Vacate.

Q: Can my landlord show up unannounced?
A: No. They need to give you 12 hours notice, except for a true emergency (fire, flood).

😩 “I Started Using Hemlane Because I’m Bad at Calendars.”

True story. I once sent a security deposit deduction statement on day 22. Just one day late. That tenant sued, and I had to write a check for double the deposit. I’m great with properties, but I am a profoundly forgetful human.

That’s the problem Hemlane solves for my Wisconsin rentals. It’s not just software; it’s my external brain for state law.

• It tracks the 21-day security deposit deadline and won’t let me forget.
• It automatically calculates the legal 5% late fee so I never overcharge.
• It drafts the correct 5-Day or 14-Day eviction notice based on the violation.
• Every single maintenance request, message, and payment is logged in one unbreakable record. If I ever go to court, my entire case file is ready in two clicks.

For tenants, it just means things get done. You report a broken appliance in the portal, it gets assigned to a vendor, and you can see the status. No more lost texts or “I never got that email.”

In Wisconsin, where every rule is a specific number of days or a percentage, trying to manage it from memory is a financial risk. Hemlane is the system that remembers the numbers, so I don’t have to.

[If the fear of missing a Wisconsin deadline keeps you up, see how Hemlane builds the guardrails.]

📚 Need the Official Word?

• Wisconsin Legislature: Landlord-Tenant Law: Chapter 704
• WI DATCP: Landlord-Tenant Guide: Consumer Protection Guide

One last, necessary thing: I’m a Wisconsin property manager. I am NOT your attorney. This guide is hard-won, practical insight. It is not legal advice. If you’re staring down an eviction or a lawsuit, your single smartest move is to hire a qualified Wisconsin landlord-tenant lawyer. Consider it the cost of doing business.