Wisconsin Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in Wisconsin
What are the late fee regulations in Wisconsin?
In Wisconsin, late fees must be reasonable and specified in the written lease agreement. Wisconsin Administrative Code ATCP 134.09(8) requires that late fees must be reasonable and clearly disclosed in the rental agreement. While state law doesn't set a specific maximum late fee amount, courts generally consider fees reasonable if they don't exceed 5% of monthly rent. Wisconsin law requires a minimum 5-day grace period for rent payments before late fees can be assessed. Landlords must provide written notice of late fees in the lease, and cannot charge interest on late fees unless specifically agreed to in the lease.
What are the rules for security deposits in Wisconsin?
Under Wisconsin law (Wis. Stat. § 704.28), landlords must return security deposits within 21 days after the tenant moves out, along with an itemized list of any deductions. There is no statutory limit on the amount of security deposit that can be charged. The deposit can be used for unpaid rent, damage beyond normal wear and tear, and other breaches of the lease agreement. Landlords must provide a check-in sheet documenting the unit's condition within 7 days of move-in. Wisconsin law requires landlords to notify tenants in writing of where the security deposit is being held. If the landlord fails to return the deposit or provide an itemized list within 21 days, the tenant may be entitled to recover double the amount wrongfully withheld plus court costs and reasonable attorney fees.
What are the eviction rules and tenant protections in Wisconsin?
Wisconsin Statute §704.17 governs eviction procedures. Landlords must provide: 1) 5-day notice for non-payment of rent with right to cure, 2) 14-day notice for lease violations, 3) 28-day notice for month-to-month termination. Self-help eviction is illegal - landlords must obtain a court order. Wisconsin provides protections for victims of domestic violence under Wis. Stat. §106.50. Tenants can defend against eviction if the landlord failed to maintain the property or retaliated against the tenant for exercising legal rights. All notices must be in writing and properly served. The eviction process requires filing a complaint with circuit court and obtaining a writ of restitution.
What are the maintenance requirements for landlords in Wisconsin?
Wisconsin Administrative Code ATCP 134.04 requires landlords to maintain rental properties in a fit and habitable condition. Requirements include: 1) Maintaining essential services including electrical, plumbing, and heating systems, 2) Keeping the property structurally sound and weatherproof, 3) Maintaining common areas in a safe and clean condition, 4) Providing proper waste disposal and pest control, 5) Complying with applicable building, housing, and health codes. Tenants must provide written notice of needed repairs. Wisconsin law requires landlords to respond to repair requests within 30 days for non-emergency issues and immediately for emergency repairs. If repairs aren't made, tenants may pursue legal remedies including rent abatement, repair and deduct remedies, or lease termination under Wis. Stat. §704.07.
What notice is required for landlord entry in Wisconsin?
Under Wisconsin law (Wis. Stat. §704.05(2)), landlords must provide at least 12 hours advance notice before entering a rental unit for non-emergency matters. Entry must be at reasonable times (typically between 8 AM and 8 PM unless otherwise agreed). Valid reasons for entry include repairs, inspections, or showing the unit to prospective tenants/buyers. The notice should specify the purpose and approximate time of entry. Tenants cannot unreasonably withhold consent to enter. Wisconsin law protects tenants' right to quiet enjoyment, and landlords cannot abuse their right of access or use it to harass tenants. Emergency situations may justify immediate entry without notice.
What are the rules for rent increases in Wisconsin?
In Wisconsin, landlords must provide at least 28 days' written notice before any rent increase for month-to-month tenancies (Wis. Stat. §704.19). For fixed-term leases, rent can only be increased at the end of the lease term unless the lease specifically allows for increases during the term. The notice must be in writing and properly delivered to the tenant. Rent increases cannot be retaliatory or discriminatory under Wis. Stat. §704.45. Wisconsin does not have rent control laws, but any rent increase must be reasonable and comply with the terms of the lease agreement. For fixed-term leases, any rent increase during the lease term must be explicitly allowed in the original lease agreement. Landlords cannot increase rent as retaliation for tenants exercising their legal rights.
What are my rights regarding repairs in Wisconsin?
Under Wisconsin Statute §704.07, tenants have the right to: 1) A habitable living space that meets building, housing, and health codes, 2) Written notice to landlord of needed repairs, 3) Repairs completed within 30 days for non-emergency issues. If the landlord fails to make necessary repairs after proper notice, tenants may: 1) File a complaint with local building inspector, 2) Make repairs and deduct the cost from rent (following Wis. Admin. Code ATCP 134.07), 3) Withhold rent in accordance with local ordinances, 4) Break the lease without penalty if the unit becomes uninhabitable. The warranty of habitability is implied in every residential lease. Tenants should document all repair requests with photos and written communications. Any self-help remedies must be exercised carefully to avoid legal complications.
What are Wisconsin's requirements for smoke detectors?
Wisconsin Statute §101.645 requires working smoke detectors in all rental properties. Requirements include: 1) At least one smoke detector in each bedroom, 2) At least one smoke detector outside each sleeping area, 3) At least one smoke detector on each floor, 4) Carbon monoxide detectors required in units with fuel-burning appliances or attached garages (Wis. Stat. §101.149). Landlords must: 1) Install and maintain working detectors, 2) Ensure detectors are operational at the start of tenancy, 3) Replace non-functioning detectors within 5 days of notification, 4) Follow manufacturer guidelines for replacement. Tenants are responsible for testing detectors and replacing batteries. Tampering with detectors is prohibited and may result in fines or criminal charges. Local fire codes may have additional requirements.
What disclosures are required from Wisconsin landlords?
Wisconsin landlords must disclose under Wis. Admin. Code ATCP 134.04: • Lead paint hazards (pre-1978 buildings) with federal forms • Security deposit terms and location • Property owner/manager contact information • Utility arrangements and responsibilities • Known defects or damage • Check-in sheet documenting unit condition • Building code violations • Fire safety and protection information • Carbon monoxide and smoke detector locations • Flood hazard areas (if applicable) • Previous methamphetamine contamination • Emergency/maintenance contact information • Foreclosure status • Required insurance coverage • Any local rental regulations • Nonstandard rental provisions • Pest infestations within past 8 months • Utility charges and how they're calculated. Wisconsin has specific disclosure requirements that must be provided in writing before entering into a rental agreement.
What are the rules about security deposit deductions in Wisconsin?
Under Wisconsin Administrative Code ATCP 134.06, landlords can deduct from security deposits for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other breaches of the lease agreement. Landlords must return the deposit within 21 days after move-out, along with an itemized list of any deductions. Wisconsin law doesn't limit the amount of security deposit that can be charged. Tenants should document the unit's condition using the required check-in sheet within 7 days of moving in. If landlords fail to return the deposit or provide an itemized list within 21 days, tenants may be entitled to recover double the amount wrongfully withheld plus court costs and reasonable attorney fees under Wis. Stat. §100.20(5).
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Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
