Wisconsin Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What Wisconsin law says about the clauses that matter most in a residential lease. Data as of 2026-10-21.

Main statute: Wisconsin Statutes ch. 704 (Landlord and Tenant) and Wis. Admin. Code ch. ATCP 134 (Residential Rental Practices) (Wis. Stat. ch. 704; Wis. Admin. Code ATCP 134)

Security deposits

Max: No statutory cap on the deposit amount in Wis. Stat. 704.28 or ATCP 134.06. Any rent prepayment above one month's prepaid rent counts as a 'security deposit' and must be returned under the same rules (ATCP 134.06(2) note). Before accepting a deposit the landlord must tell the tenant in writing they may inspect the unit and report pre-existing damage, or request a list of damage charged to the previous tenant, by a deadline at least 7 days after the tenancy starts (ATCP 134.06(1)). Wisconsin law has no deposit-interest or separate-account rule in these sections.
Return deadline days: 21 days
Itemization required: Yes
Interest required: No interest requirement in Wis. Stat. 704.28 or ATCP 134.06.

Source: Wis. Stat. 704.28; Wis. Admin. Code ATCP 134.06

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Late fees

Rule: A landlord may charge a late rent fee or penalty only if the rental agreement specifically provides for it. Before charging a late fee the landlord must apply any rent prepayments received from that tenant against the rent owed, and may not charge a fee or penalty for non-payment of a late fee. The rules cited set no dollar or percentage cap and no grace period.

Source: Wis. Admin. Code ATCP 134.09(8)

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Landlord entry

Notice: Entry is allowed only to inspect, make repairs or show the unit to prospective tenants or purchasers, on advance notice and at reasonable times, for no longer than reasonably needed. Advance notice means at least 12 hours unless the tenant, once told of the proposed entry, agrees to a shorter time. No notice is needed if the tenant requests or consents in advance knowing the time, there is a health or safety emergency, or the tenant is absent and the landlord reasonably believes entry is needed to protect the premises from damage. The landlord must announce their presence before entering and identify themselves on request. A lease may add other entry rights only through a separate signed 'NONSTANDARD RENTAL PROVISIONS' document.

Source: Wis. Admin. Code ATCP 134.09(2); Wis. Stat. 704.05(2)

Ending a month-to-month tenancy

Tenant: At least 28 days' written notice, ending at the end of a rental period (periodic tenancy or tenancy at will). Rent payable on a basis shorter than monthly: notice at least equal to the rent-paying period.
Landlord: Same 28 days' written notice for a periodic tenancy or tenancy at will. For unpaid rent, a month-to-month tenant can be given notice to pay rent or vacate within at least 5 days; a month-to-month tenancy is also terminated if, while the tenant is in default on rent, the landlord gives at least 14 days' notice to vacate. For other lease breaches the landlord can require the tenant to cure or vacate within at least 5 days, or give 14 days' notice to vacate if the same kind of breach recurs within a year. Notice must be given by a method in s. 704.21.

Source: Wis. Stat. 704.19, 704.17(1p), 704.21

Rent increases

Statewide rent control: No statewide rent control or rent-increase notice rule found in ch. 704 or ATCP 134. Cities, villages, towns and counties may not regulate the amount of rent or fees charged for a residential rental unit (Wis. Stat. 66.1015(1)), with exceptions for housing they own or operate. A landlord may not increase rent in retaliation for protected tenant conduct (Wis. Stat. 704.45).

Source: Wis. Stat. 66.1015, 704.45

Repairs & habitability

Rule: Unless the tenant caused the problem by negligence or improper use, the landlord must keep in reasonable repair the parts of the premises the landlord controls, keep equipment for services the landlord agreed to supply (such as heat, water, elevator, air conditioning) in reasonable repair, make necessary structural repairs, and in a residential tenancy comply with the local housing code (Wis. Stat. 704.07(2)). If a unit becomes untenantable, or a substantial violation materially affects the tenant's health or safety and the landlord does not promptly repair, the tenant may move out; if the tenant stays, rent abates in proportion to the loss of normal use, but the statute does not allow withholding all rent while in possession (704.07(4)). The landlord must disclose known, uncorrected housing or building code violations that pose a significant threat to health or safety before the lease or any deposit (704.07(2)(bm)); the statute lists no repair-and-deduct remedy.

Source: Wis. Stat. 704.07, 704.08, ATCP 134.04

Retaliation

Rule: A residential landlord may not raise rent, cut services, start an action for possession, refuse to renew a lease, or threaten any of these if the tenant shows by a preponderance of the evidence the action would not occur but for retaliation for: a good-faith complaint about a premises defect to an elected official or local housing code agency; complaining to the landlord about a violation of s. 704.07 or the housing code; or exercising a legal right relating to residential tenancies. The landlord may still sue for possession for unpaid rent (other than a prohibited rent increase), and the section does not cover defects caused by the tenant's negligence or improper use (704.45). The rules also bar terminating a tenancy, refusing renewal or constructively evicting a tenant in retaliation for reporting a code or ATCP 134 violation, joining a tenant union, or asserting rights under state or local law (ATCP 134.09(5)). No fixed look-back presumption period.

Source: Wis. Stat. 704.45; Wis. Admin. Code ATCP 134.09(5)

Clauses often unenforceable in Wisconsin

Allowing the landlord to raise rent, cut services, sue for possession, refuse renewal or threaten these because the tenant contacted police, health or safety services (Wis. Stat. 704.44(1m); ATCP 134.08(1))
Authorizing eviction or exclusion other than through court eviction procedure (Wis. Stat. 704.44(2m); ATCP 134.08(2))
Accelerating rent on default or waiving the landlord's duty to mitigate damages (Wis. Stat. 704.44(3m); ATCP 134.08(3))
Making the tenant pay the landlord's attorney fees or costs in a dispute under the lease (Wis. Stat. 704.44(4m); ATCP 134.08(4); court-ordered fees under chs. 799 or 814 still allowed)
Letting the landlord confess judgment against the tenant (Wis. Stat. 704.44(5m); ATCP 134.08(5))
Saying the landlord is not liable for property damage or injury caused by the landlord's negligence (Wis. Stat. 704.44(6); ATCP 134.08(6))
Making the tenant liable for personal injury beyond their control or property damage from natural disasters or non-guests (ATCP 134.08(7))
Waiving the landlord's duty to deliver a fit, habitable unit or maintain it (ATCP 134.08(8))
Letting the landlord end the tenancy solely because the tenant (or household member) is a crime victim, or for crime without the s. 704.14 domestic-abuse notice in the lease (ATCP 134.08(9), (10))
Withholding deposit for normal wear and tear (Wis. Stat. 704.28(3); ATCP 134.06(3)(c))

Notes

Deposit return: within 21 days after the later-defined trigger in s. 704.28(4): the lease end date if the tenant leaves on time; if the tenant leaves or is evicted early, the lease end date or, if the landlord re-rents sooner, the date the new tenancy begins; if the tenant leaves after the lease end, the date the landlord learns the unit is vacated or the tenant is removed. If anything is kept, a written statement must go to the tenant within the same time describing each damage item and the amount held for it (ATCP 134.06(4)); intentionally falsifying a claim is prohibited. The tenant is not required to give a forwarding address, but a landlord who complied is not in violation solely because mail was undeliverable (ATCP 134.06(5)). Deductions are limited to tenant damage, waste or neglect, unpaid rent, landlord-provided utilities, unpaid government utility or municipal permit fees the landlord becomes liable for, and items in a separate signed 'NONSTANDARD RENTAL PROVISIONS' document (704.28(1)-(2)). Earnest money must be refunded or credited under ATCP 134.05, and a credit or background check fee is capped at the landlord's actual cost up to $25 each with notice before the request and a copy of the report (704.085; ATCP 134.05(4)). Leases must include the s. 704.14 domestic-abuse notice. A lease with an automatic renewal clause is enforceable only if the tenant got separate written notice 15 to 30 days before the renewal date (704.15; ATCP 134.09(3)). The landlord must give a new residential tenant a check-in sheet, with 7 days to return it (704.08). Where utilities are not in the rent the landlord must disclose that before the lease or any deposit (ATCP 134.04(3)). Remedies for deposit violations (the ATCP 134.06 note points to Pierce v. Norwick, 202 Wis. 2d 588 (1996)) and any statutory penalty provision were not checked and are left out.

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General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.