Wisconsin landlord and tenant rules

Seayora publishes 10 Wisconsin rules, covering security deposits, notice periods, applications, rent regulation, fair housing, tenant protections, contractor sales tax. Every one is composed from the statute it cites and links to that statute on the state’s own code site.

Wisconsin at a glance

RuleWisconsin
How long does a landlord have to return a security deposit in Wisconsin?21 days
How many days does a tenant get to pay late rent in Wisconsin?5 days to pay
How much notice does a landlord have to give before entering in Wisconsin?12 hours
How much notice does a landlord have to give before raising the rent in Wisconsin?28 days
How much notice must a landlord give to end a tenancy in Wisconsin?28 days
How much can a landlord charge for a rental application fee in Wisconsin?A credit report at cost, up to $25
Is there rent control in Wisconsin?Prohibited by state law
Can a landlord refuse a Section 8 voucher in Wisconsin?Does not cover Section 8 vouchers
Can a landlord retaliate against a tenant for complaining in Wisconsin?Prohibited; no set period
Do contractors charge sales tax in Wisconsin?Consumer of materials

Security deposits in Wisconsin

How long does a landlord have to return a security deposit in Wisconsin?

In Wisconsin, a landlord has 21 days after the tenancy ends to return the security deposit, together with an itemised statement of any deductions. This is Wis. Stat. § 704.28; ATCP 134.06.

Full answer and the checkable figures.

Notice periods in Wisconsin

How many days does a tenant get to pay late rent in Wisconsin?

In Wisconsin, before starting a nonpayment case a landlord must serve a written notice giving the tenant 5 days to pay the rent due. This is Wis. Stat. §§ 704.19, 704.17; Wis. Admin. Code ATCP 134.09(2).

Twenty-eight days' written notice to raise the rent or end a month-to-month tenancy. Entry: at least 12 hours' advance notice, in writing, unless the tenant consents to less or there is a health or safety emergency. Nonpayment: five days to pay or vacate — but a tenant who has already defaulted on rent once in the previous year can be given a 14-day notice with no right to cure at all.

Full answer and the checkable figures.

How much notice does a landlord have to give before entering in Wisconsin?

In Wisconsin, a landlord must give 12 hours notice before entering an occupied rental, other than in an emergency. This is Wis. Stat. §§ 704.19, 704.17; Wis. Admin. Code ATCP 134.09(2).

Twenty-eight days' written notice to raise the rent or end a month-to-month tenancy. Entry: at least 12 hours' advance notice, in writing, unless the tenant consents to less or there is a health or safety emergency. Nonpayment: five days to pay or vacate — but a tenant who has already defaulted on rent once in the previous year can be given a 14-day notice with no right to cure at all.

Full answer and the checkable figures.

How much notice does a landlord have to give before raising the rent in Wisconsin?

In Wisconsin, a landlord must give 28 days written notice before raising the rent. This is Wis. Stat. §§ 704.19, 704.17; Wis. Admin. Code ATCP 134.09(2).

Twenty-eight days' written notice to raise the rent or end a month-to-month tenancy. Entry: at least 12 hours' advance notice, in writing, unless the tenant consents to less or there is a health or safety emergency. Nonpayment: five days to pay or vacate — but a tenant who has already defaulted on rent once in the previous year can be given a 14-day notice with no right to cure at all.

Full answer and the checkable figures.

How much notice must a landlord give to end a tenancy in Wisconsin?

In Wisconsin, a landlord must give 28 days written notice to end a tenancy or decline to renew it. This is Wis. Stat. §§ 704.19, 704.17; Wis. Admin. Code ATCP 134.09(2).

Twenty-eight days' written notice to raise the rent or end a month-to-month tenancy. Entry: at least 12 hours' advance notice, in writing, unless the tenant consents to less or there is a health or safety emergency. Nonpayment: five days to pay or vacate — but a tenant who has already defaulted on rent once in the previous year can be given a 14-day notice with no right to cure at all.

Full answer and the checkable figures.

Applications in Wisconsin

How much can a landlord charge for a rental application fee in Wisconsin?

In Wisconsin, a landlord may charge an applicant the actual cost of a consumer credit report from a nationwide agency, up to $25, and nothing for one where the applicant provides a report less than 30 days old. The applicant must be told of the charge before the report is requested and given a copy of it. This is Wis. Admin. Code ATCP § 134.05(4); Wis. Stat. § 704.085(1)(a).

The applicant must be told of the charge before the report is requested and given a copy of it.

Full answer and the checkable figures.

Rent regulation in Wisconsin

Is there rent control in Wisconsin?

No. Wisconsin has no statewide rent control, and its cities and counties cannot simply adopt their own: no city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit. This is Wis. Stat. § 66.1015.

Full answer and the checkable figures.

Fair housing in Wisconsin

Can a landlord refuse a Section 8 voucher in Wisconsin?

Often, yes. In Wisconsin, a person may not refuse to rent housing, or set different terms, because of lawful source of income. But in Knapp v. Eagle Property Management Corp. (1995), the federal Seventh Circuit held that a Section 8 voucher is not a lawful source of income under that law. Federal law leaves the voucher program voluntary for most landlords, but a property financed with Low-Income Housing Tax Credits may not refuse a tenant because they hold a voucher. This is Wis. Stat. § 106.50.

Full answer and the checkable figures.

Tenant protections in Wisconsin

Can a landlord retaliate against a tenant for complaining in Wisconsin?

No. In Wisconsin, a landlord may not raise the rent, cut services, bring an eviction, refuse to renew a lease, or threaten any of those things if a preponderance of the evidence shows it would not have happened but for retaliation against a tenant’s good-faith complaint about a defect, complaint to the landlord about a code violation, or exercise of a legal right. A landlord may still evict a tenant who has not paid rent, and the statute sets no period of presumed retaliation. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is Wis. Stat. § 704.45.

Full answer and the checkable figures.

Contractor sales tax in Wisconsin

Do contractors charge sales tax in Wisconsin?

In Wisconsin a contractor is treated as the CONSUMER of the materials they build into real property. That means the contractor pays sales tax when they buy the materials, and does not add sales tax to the customer's invoice for that work — the tax is already inside the price. Wisconsin also has county, city or special-district rates on top of the state rate, so the rate depends on where the job site is, not where the contractor is based. Source: Wis. Stat. §77.52(2)(a); Wis. Admin. Code Tax 11.68 (construction contractors are the consumers of materials used in real property construction).

Landscaping and lawn maintenance are separately enumerated taxable services in Wisconsin and are not covered by this row.

Full answer and the checkable figures.

Sources

  • Wis. Admin. Code ATCP § 134.05(4); Wis. Stat. § 704.085(1)(a)
  • Wis. Stat. § 106.50
  • Wis. Stat. § 66.1015
  • Wis. Stat. § 704.28; ATCP 134.06
  • Wis. Stat. § 704.45
  • Wis. Stat. §77.52(2)(a); Wis. Admin. Code Tax 11.68 (construction contractors are the consumers of materials used in real property construction).
  • Wis. Stat. §§ 704.19, 704.17; Wis. Admin. Code ATCP 134.09(2)

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

This is a summary of a state’s published guidance, not tax or legal advice. Rates and rules change, local jurisdictions add their own, and the treatment of a specific job depends on the contract and the work. Check the citation and speak to a CPA or a state tax adviser before relying on it.

How Seayora uses these rules

Security deposits. Seayora computes the deadline this rule sets from the tenancy’s own dates, shows it on the deposit statement, and reminds the landlord before it falls due — so the answer above is not reference material sitting beside the product, it is the rule the product enforces.

Notice periods. Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.

Applications. This page states what the state allows a landlord to charge somebody applying to rent, so a fee can be checked against it before it is advertised or collected.

Rent regulation. This page states whether the state lets its cities control rent, and any statewide limit on an increase, so a renewal can be checked before it is offered. In New York City, Seayora’s rent-increase advisor goes further: it computes the highest increase the Rent Guidelines Board order and the Good Cause standard allow for each apartment, with the law cited, and gives no number where the law is not verified.

Fair housing. This page states whether the state protects renters who pay with a housing voucher, so a listing and its screening rules can be checked against it before they are published. Seayora’s rental search assistant never filters homes by how a renter will pay the rent.

Tenant protections. When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.

Contractor sales tax. Seayora resolves this rule on every invoice a contractor raises — per line, from the job site’s own address — and prints the rate, the jurisdiction and this citation on the document itself, so the estimate a customer accepts is the invoice they are billed. Where the rule is more nuanced than a single answer, Seayora refuses to guess a total rather than quoting a confident wrong one.

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