Wisconsin landlord-tenant law.

Security deposits

Deposit limit. No statutory cap on the amount of a security deposit (Wis. Stat. ch. 704, ATCP 134).

Getting it back. Landlord must deliver or mail the deposit balance, with a written itemized statement of any deductions, within 21 days after the tenant surrenders the unit, normal wear and tear can never be deducted (ATCP 134.06(2), (3)(c), (4)(a)).

Late fees and rent

No statutory cap on late fees or mandatory grace period, ATCP 134 and Wis. Stat. ch. 704 do not address late fee amounts directly, so the amount and timing are set by the lease and ordinary contract reasonableness limits.

Ending a tenancy

Nonpayment of rent. For month-to-month or year-to-year tenants, a 5-day notice to pay rent or vacate, rising to a 14-day unconditional notice to vacate if the tenant already received a 5-day notice for a prior default within the past year, for leases longer than one year the notice is 30 days (Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a)).

Month-to-month termination. At least 28 days written notice by either party to end a month-to-month tenancy, or a full rent-paying period if rent is paid more often than monthly (Wis. Stat. § 704.19(2), (3)).

Landlord entry

Landlord must give at least 12 hours advance notice before entering, unless the tenant consents to less, with exceptions for emergencies or a reasonable belief the unit needs protecting while the tenant is away (ATCP 134.09(2)).

Required disclosures

• Federal lead-based paint disclosure and pamphlet for units built before 1978 (42 U.S.C. § 4852d)
• Name and address of the person authorized to manage the premises and collect rent, plus the owner or an in-state agent for service of process (ATCP 134.04(1))
• Any building or housing code violations affecting habitability or safety that the landlord actually knows about (ATCP 134.04(2))
• Any nonstandard rental provision (terms outside the ordinary statutory landlord-tenant framework) must be in a separate signed document titled NONSTANDARD RENTAL PROVISIONS and specifically discussed with the tenant before signing (ATCP 134.09(2)(c))

Lease clauses that do not hold up

• Confession of judgment clauses (ATCP 134.08(5))
• Clauses letting the landlord evict or exclude a tenant without going through the judicial eviction process (ATCP 134.08(2))
• Clauses making the tenant pay the landlord's attorney fees or legal costs (ATCP 134.08(4))
• Clauses waiving the landlord's duty to deliver a fit and habitable unit, or waiving landlord liability for the landlord's own negligent acts (ATCP 134.08(6), (8))

Notes for landlords

Wisconsin regulates rental practices in unusual detail through the ATCP 134 administrative code on top of Wis. Stat. ch. 704, so lease templates written for other states often include clauses that are void here under ATCP 134.08. Landlords should keep a written move-in and move-out condition record since normal wear and tear can never be deducted from a deposit.

Sources

• https://docs.legis.wisconsin.gov/document/administrativecode/ATCP%20134
• https://docs.legis.wisconsin.gov/document/administrativecode/ATCP%20134.04
• https://docs.legis.wisconsin.gov/document/administrativecode/ATCP%20134.06
• https://docs.legis.wisconsin.gov/document/administrativecode/ATCP%20134.08
• https://docs.legis.wisconsin.gov/document/administrativecode/ATCP%20134.09
• https://docs.legis.wisconsin.gov/statutes/statutes/704/17
• https://docs.legis.wisconsin.gov/statutes/statutes/704/19
• https://docs.legis.wisconsin.gov/statutes/statutes/66/X/1015