Wisconsin — landlord and rental rules
7 rules across 5 topics, including the county and state rules that bind here. Last verified 2026-09-05.
Rent control
PermalinkVerified on 2026-09-05 — 26 days ago.
Wis. Stat. § 66.1015 prohibits a city, village, town, or county from regulating the amount of rent or fees charged for a residential rental dwelling unit.
The statute preserves government-owned or operated housing and voluntary agreements with private persons. It does not displace independently applicable lease, notice, retaliation, discrimination, subsidy, or federal requirements.
In effect since 1991-08-15.
Sources
- Wisconsin Stat. § 66.1015 — municipal rent control prohibited — Wis. Stat. § 66.1015
- 1991 Wisconsin Act 39 — enactment of municipal rent-control preemption — 1991 Wis. Act 39, effective August 15, 1991
Eviction timeline
PermalinkVerified on 2026-09-05 — 26 days ago.
Wis. Stat. § 704.17 supplies different notice routes for nonpayment, other breach, repeat breach, tenancy length, and specified criminal activity; § 704.21 controls how notice is given, and removal still proceeds through the statutory court process.
No single notice period is safe to project without the lease term, ground, cure history, service facts, protected-status rules, and current court procedure. A notice is not itself an order authorizing physical removal.
In effect since 2018-04-18.
Sources
- Wisconsin Stat. § 704.17 — notice terminating tenancy for breach — Wis. Stat. § 704.17
- Wisconsin Stat. § 704.21 — manner of giving notice — Wis. Stat. § 704.21
- 2017 Wisconsin Act 317 — current notice amendments — 2017 Wis. Act 317, effective April 18, 2018
Habitability
PermalinkVerified on 2026-09-05 — 26 days ago.
Wis. Stat. § 704.07 applies to every residential tenancy. Subject to tenant-caused damage and the section's other boundaries, it requires a landlord to maintain controlled portions and promised service equipment, make necessary structural repairs, and comply with applicable local housing codes; materially unsafe or untenantable conditions can trigger the section's removal or rent-abatement rules.
The condition, notice, cause, lease, local housing code, prompt repair, and degree of lost use matter. This entry does not calculate an abatement or authorize unilateral repair-and-deduct action.
In effect since 2018-04-18.
Sources
- Wisconsin Stat. § 704.07 — repairs and untenantability — Wis. Stat. § 704.07
- 2017 Wisconsin Act 317 — current repair-duty amendments — 2017 Wis. Act 317 §§ 37–40, effective April 18, 2018
Security deposits
PermalinkVerified on 2026-09-05 — 26 days ago.
Wis. Stat. § 704.28 limits residential security-deposit withholding to the listed losses and agreed nonstandard provisions, bars withholding for normal wear and tear, and requires delivery or mailing of the remaining deposit within 21 days after the statutory trigger.
The trigger differs when a tenant leaves on time, leaves or is evicted early, or remains beyond termination. ATCP 134.06 separately governs the itemized statement and other residential deposit practices.
- Return deadline
- 21 days after the applicable § 704.28(4) trigger
In effect since 2014-03-01.
Sources
- Wisconsin Stat. § 704.28 — withholding and return of security deposits — Wis. Stat. § 704.28
- Wisconsin Admin. Code ch. ATCP 134 — residential rental practices — Wis. Admin. Code § ATCP 134.06
- 2013 Wisconsin Act 76 — current statutory deposit framework — 2013 Wis. Act 76, effective March 1, 2014
Other
PermalinkVerified on 2026-09-05 — 26 days ago.
Wis. Stat. § 704.44 makes a residential rental agreement void and unenforceable if it contains any listed prohibited provision, including specified waivers, self-help remedies, attorney-fee shifting, and liability terms.
The result turns on the exact clause and the statute's complete list. This is not a conclusion that an unreviewed lease is valid or invalid.
In effect since 2014-03-01.
Sources
- Wisconsin Stat. § 704.44 — prohibited residential rental provisions — Wis. Stat. § 704.44
- 2013 Wisconsin Act 76 — current prohibited-lease-provision amendments — 2013 Wis. Act 76 §§ 25–26, effective March 1, 2014
Verified on 2026-09-05 — 26 days ago.
Wis. Stat. § 66.0104 withdraws local authority over specified landlord, rental-agreement, fee, inspection, registration, occupancy, and information requirements while preserving only the section's stated exceptions and uniformly applicable powers.
The statute is a subject-by-subject preemption rule, not proof that every local housing, building, zoning, fair-housing, or health ordinance is absent. Any local conclusion still requires the exact current ordinance and an exact jurisdiction match.
In effect since 2018-04-18.
Sources
- Wisconsin Stat. § 66.0104 — limits on local landlord regulation — Wis. Stat. § 66.0104
- 2017 Wisconsin Act 317 — current local-authority amendments — 2017 Wis. Act 317, effective April 18, 2018
Verified on 2026-09-05 — 26 days ago.
The current Wisconsin Chapter 704 and ATCP 134 sources supply this statewide layer. No county, city, village, town, or Nation ordinance is included merely because the authority appears in the official registry.
Local regulation coverage remains 0 until a primary ordinance is sourced, effective-dated, and joined to the exact county-qualified authority. Postal names, unmatched V12 labels, stale registries, and tribal or other ambiguous geography select only the statewide layer.
In effect since 2026-09-05.
Sources
- Wisconsin Statutes Chapter 704 — landlord and tenant — Wis. Stat. ch. 704
- Wisconsin DATCP — tenants' rights and responsibilities — Wisconsin DATCP residential rental guidance