Not legal advice. This page explains Wisconsin's rental rules in plain English, for landlords and tenants alike. Your lease and facts matter, so for your own situation talk to one of the free services below or a lawyer.
Tick items off as you go; the boxes are just for you and aren't saved.
The Lease
- Include the domestic abuse notice from Wis. Stat. 704.14, in the lease or an addendum.(Wis. Stat. 704.14)
- Leave out clauses that void the whole lease: eviction without court, acceleration of rent, making the tenant pay your attorney fees, confession of judgment, excusing your own negligence, making the tenant liable for damage from natural disasters or strangers, waiving habitability, or ending a tenancy because the tenant was a crime victim. A court voided one lease for lacking the 704.14 notice.(Wis. Stat. 704.44)
- Put any extra deposit deductions (beyond damage, unpaid rent and certain utilities) in a separate document titled NONSTANDARD RENTAL PROVISIONS, and go over each one before signing.(Wis. Stat. 704.28)
- If you won't store property a tenant leaves behind, say so in writing at signing or renewal.(Wis. Stat. 704.05)
- Want to deliver the lease, deposit accounting or entry notices by email? The lease has to allow it.(Wis. Stat. 704.10)
- Late fees only if the lease provides for them.(ATCP 134.09)
Before Signing or Taking a Deposit
- Show the applicant the lease and rules before they sign or pay a deposit, and give a copy at signing.(ATCP 134.03)
- Disclose known uncorrected code violations that significantly threaten health or safety, and conditions like no hot water, heat that can't hold 67°F, or unsafe wiring or plumbing.(Wis. Stat. 704.07)(ATCP 134.04)
- Say which of water, heat and electricity aren't included in rent, and how shared meters are split.(ATCP 134.04)
- Give the name and address of the manager and of the person who accepts legal papers (not required in an owner-occupied building of 4 or fewer units).(ATCP 134.04)
- Pre-1978 building: give the lead disclosure, the EPA pamphlet and the Lead Warning Statement, and keep a signed copy for 3 years.(EPA)
- Credit check: charge no more than your actual cost, up to $25, and tell the applicant first.(Wis. Stat. 704.085)
- Earnest money: give a receipt, and return it by the end of the next business day if the application is rejected or withdrawn.(ATCP 134.05)
- Any promise to clean, repair or improve the unit goes in writing with a completion date.(ATCP 134.07)
Move-In
- Before taking the deposit, tell the tenant in writing they can report existing damage (by a deadline at least 7 days after move-in) and ask for the last tenant's damage list.(ATCP 134.06)
- Give a check-in sheet; the tenant has 7 days to return it. The check-in sheet builder makes one.(Wis. Stat. 704.08)
- Give a receipt for the security deposit, unless it was paid by a check noting its purpose.(ATCP 134.03)
- Smoke detectors installed where the law requires; CO alarms on every level in a one- or two-family home with a fuel-burning appliance, fireplace or attached garage.(Wis. Stat. 101.145)(Wis. Stat. 101.647)
- In Madison: register the rental's emergency contact with Building Inspection, once per parcel.(City of Madison)
During the Tenancy
- Give at least 12 hours' notice before entering, except in an emergency or when the tenant agrees to less.(ATCP 134.09)
- Keep the property in reasonable repair and follow the local housing code. A lease can't waive this.(Wis. Stat. 704.07)
- Fix a smoke or CO alarm within 5 days of the tenant's written notice that it isn't working.(Wis. Stat. 101.145)(Wis. Stat. 101.647)
- Don't retaliate (raise rent, cut services, refuse to renew or evict) because a tenant complained to a code agency or used a legal right.(Wis. Stat. 704.45)
- Automatic renewal clauses bind a tenant only if you send a separate written reminder 15 to 30 days before their notice deadline.(Wis. Stat. 704.15)
Ending a Tenancy
- Month-to-month: at least 28 days' written notice, ending at the end of a rental period.(Wis. Stat. 704.19)
- Unpaid rent or a broken rule: use the right notice for the type of tenancy, delivered the way the law allows. The eviction timeline finds the dates.(Wis. Stat. 704.17)(Wis. Stat. 704.21)
- Never lock a tenant out, remove their things or shut off utilities to force a move. Only a court eviction can remove a tenant.(ATCP 134.09)
- Return the deposit within 21 days, with a written list of anything withheld. The security deposit checker finds the exact date.(Wis. Stat. 704.28)(ATCP 134.06)
- Hold prescription medicine or medical equipment left behind for 7 days; other items can be presumed abandoned unless your written agreement says otherwise.(Wis. Stat. 704.05)
Fair Housing
- Federal law bars discrimination based on race or color, religion, sex, national origin, familial status or disability.(U.S. Department of Justice)
- Wisconsin adds marital status, sexual orientation, lawful source of income, age, ancestry, and status as a victim of domestic abuse, sexual assault or stalking.(Wis. Stat. 106.50) Source of income includes wages, vouchers, Social Security and public assistance.(Wisconsin DWD)
- Madison's ordinance adds more, including student status, receipt of rental assistance, citizenship status and being a building code complainant.(City of Madison)
Rental Registration by Town
State law lets a town require only a simple registration and limits rental inspections to complaints, designated inspection districts, special warrants and inspections other law requires.(Wis. Stat. 66.0104) Short-term rentals are licensed separately: see short-term rental rules by town.
| Town | Long-term rental registration or license |
|---|---|
| Cottage Grove | Not confirmed. Ask the clerk or building inspector. |
| DeForest | None found No rental license or registration in the village code; rental owners must post two or more emergency contacts for tenants.(DeForest) |
| Fitchburg | None found No rental registration or license in the city code; the housing code (ch. 37) and landlord-tenant chapter (ch. 72) apply to rentals.(Fitchburg) |
| Madison | Rental Property Emergency Contact (RPEC) registration Every rental must have an emergency contact registered once per parcel with Building Inspection; there is no rental license, and proactive (systematic) inspections happen only in designated areas.(Madison) |
| Maple Bluff | Not confirmed. Ask the clerk or building inspector. |
| McFarland | None found The village licenses tourist rooming houses (short-term rentals) but has no long-term rental license or registration in its code.(McFarland) |
| Middleton | None found Ordinary rentals need no registration or license; only lodging houses with 5 or more unrelated roomers need an annual city license.(Middleton) |
| Monona | Not confirmed. Ask the clerk or building inspector. |
| Mount Horeb | Not confirmed. Ask the clerk or building inspector. |
| Oregon | None found The village's list of required licenses includes nothing for rentals, and the code has no rental registration.(Oregon) |
| Shorewood Hills | None found No rental registration in the village housing code; only short-term rentals need a village license.(Shorewood Hills) |
| Stoughton | None found Ordinary rentals need no registration; rental inspections are complaint-based, and only roominghouses need an annual permit.(Stoughton) |
| Sun Prairie | None found No rental registration or license in the city code; the property maintenance code lets the building inspector inspect with 5 days' notice or on probable cause.(Sun Prairie) |
| Verona | None found No long-term rental registration or license in the city code (short-term rentals are licensed); the building inspector can inspect residential buildings, by warrant if refused.(Verona) |
| Waunakee | None found No long-term rental registration or license in the village code (short-term rentals are licensed); rental inspections start from a written complaint.(Waunakee) |
Hiring someone to run the rental for you? Wisconsin generally requires a real estate license for that work: see property managers in Wisconsin.
"None found" means we read the town's code and found no registration or license for ordinary rentals; it isn't a statement by the town.
Free Help
- Tenant Resource Center, a Madison nonprofit with information for tenants and landlords.(Tenant Resource Center) Rental Rights Hotline: 608-257-0006. It also offers housing counseling for both sides and mediation for disputes such as security deposits and lease violations.(City of Madison)
- Legal Action of Wisconsin: apply for free legal help at (855) 947-2529. Not everyone qualifies. Its housing work covers evictions, housing conditions and security deposits.(Legal Action of Wisconsin)
- State Bar Lawyer Referral and Information Service: (800) 362-9082. The court doesn't appoint lawyers in eviction cases.(Dane County Circuit Court)
- DATCP Consumer Protection, the state agency that enforces ATCP 134: (800) 422-7128 or DATCPHotline@wisconsin.gov.(DATCP)
- City of Madison: Building Inspection takes housing code complaints at 608-266-4551,(City of Madison) and the Department of Civil Rights takes housing discrimination complaints at 608-266-4910.(City of Madison)
Questions
What does a Wisconsin lease have to include?
The state's domestic abuse notice, in the lease or an addendum. Without it, some termination clauses don't hold, and a court has voided a whole lease over it. A lease is also void if it includes clauses such as eviction without going to court, making the tenant pay the landlord's attorney fees, or waiving the landlord's duty to keep the unit fit to live in.
What are nonstandard rental provisions in Wisconsin?
Any deduction from the security deposit beyond the standard list (damage, unpaid rent, certain utilities) must be in a separate document titled NONSTANDARD RENTAL PROVISIONS that the landlord goes over with the tenant before signing.
Do Wisconsin landlords have to pay interest on security deposits?
Neither the statute nor DATCP's rule mentions interest, and we found no official source that requires it.
Do I need a lead paint disclosure for my rental?
Yes, if it was built before 1978, unless an exemption applies (for example a lease of 100 days or less). Disclose any known lead paint, give the EPA pamphlet, attach the warning statement, and keep a signed copy for three years.
Can a Madison landlord be required to register?
Yes, Madison requires every rental to register an emergency contact with Building Inspection, once per parcel. State law limits any city's registration to contact information and a one-time fee of no more than $10 per building.