Not legal advice. This page explains Wisconsin's rental rules in plain English, for tenants and landlords alike. Your lease and facts matter, so for your own situation talk to one of the free services below.
At a Glance
| Topic | The rule |
|---|---|
| Credit check fee | Actual cost, up to $25, with notice first and a copy of the report. None if the applicant brings a nationwide report under 30 days old.(Wis. Stat. 704.085) |
| Earnest money | Back by the end of the next business day if the application is rejected or withdrawn, or isn't approved within 3 business days (or a later agreed date, up to 21 days).(ATCP 134.05) |
| Check-in sheet | Landlord gives it at move-in; tenant has 7 days to fill it in and return it.(Wis. Stat. 704.08) |
| Landlord entry | At least 12 hours' advance notice, at reasonable times, to inspect, repair or show, unless the tenant agrees to less or there's an emergency.(ATCP 134.09) |
| Automatic renewal | Enforceable against a tenant only with a separate written reminder 15 to 30 days before the tenant's notice deadline.(Wis. Stat. 704.15) |
| Ending month-to-month | Written notice at least 28 days ahead, ending at the end of a rental period.(Wis. Stat. 704.19) |
| Deposit back | Within 21 days, with a written list of anything withheld.(Wis. Stat. 704.28)(ATCP 134.06) |
ATCP 134 covers most private rentals. It doesn't cover hotels and other short stays for travelers, government-owned housing, units provided free or as pay to the building's own staff, or institutional housing such as care facilities, among other exceptions.(ATCP 134.01)
Renting Guides
- Security DepositsThe 21-day return deadline for your move-out, and which deductions are allowed.Read the Guide
- Apartment Check-In SheetBuild a room-by-room sheet, print it, and return it within 7 days.Read the Guide
- The Madison Rental YearWhen leasing opens, sublets, the August 15 turnover and the 2026 move-out pickup.Read the Guide
- Homestead Credit EstimatorUp to $1,168 back on rent or property tax, plus the renter's school tax credit.Read the Guide
- Affordable Housing and Rent HelpCDA and county housing lists, what's open now, and HUD's 2026 income limits.Read the Guide
Before Signing
- See the paperwork first. A written lease and rules must be shown to the applicant before signing and before any deposit is taken. The tenant gets a copy at signing.(ATCP 134.03)
- Known problems must be disclosed. Before signing or taking a deposit, a landlord must disclose uncorrected code violations they know of that significantly threaten health or safety in the unit or common areas.(Wis. Stat. 704.07) The same goes for conditions such as no hot or cold running water, heat that can't keep living areas at 67°F, unsafe wiring, or plumbing or sewage that doesn't work.(ATCP 134.04)
- Utilities. If water, heat or electricity isn't included in the rent, the landlord must say so before signing or taking a deposit, and explain how shared meters are split.(ATCP 134.04)
- Who to call. The landlord must give the name and address of the person who manages the property and of the person who accepts legal papers. Owner-occupied buildings with 4 or fewer units are exempt.(ATCP 134.04)
- Promises in writing. Any promise before the lease to clean, repair or improve the unit must be in writing, with a date it will be done.(ATCP 134.07)
- Fees and deposits. A credit check can cost the applicant the landlord's actual cost, up to $25.(Wis. Stat. 704.085) Earnest money can only be taken once the landlord has said which unit the applicant is being considered for, and a receipt is required unless the payment was a check noting its purpose.(ATCP 134.05)(ATCP 134.03)
- Required notice in the lease. Every residential lease must include the state's notice of domestic abuse protections.(Wis. Stat. 704.14)
- Clauses that void a lease. A lease is void if it, for example, lets the landlord evict without going to court, makes the tenant pay the landlord's attorney fees, or waives the landlord's duty to keep the unit fit to live in.(ATCP 134.08)
Moving In
- The landlord gives a check-in sheet when the tenant moves in, and the tenant has 7 days to complete and return it.(Wis. Stat. 704.08) Build one with the check-in sheet builder.
- Before taking a deposit, the landlord must tell the tenant in writing about the right to report existing damage and to ask for the list of damage charged to the previous tenant's deposit.(ATCP 134.06)
- The landlord must hand over the unit on the agreed date, unless something beyond the landlord's control prevents it.(ATCP 134.09)
During the Lease
- Entry. The landlord may enter at reasonable times with advance notice to inspect, repair or show the unit.(Wis. Stat. 704.05) Advance notice means at least 12 hours unless the tenant agrees to less. No notice is needed if the tenant asks for the visit, in a health or safety emergency, or when the tenant is away and entry is needed to protect the property. The landlord must announce themselves and say who they are if asked.(ATCP 134.09)
- Repairs. The landlord must keep the parts of the property they control in reasonable repair, make structural repairs, and follow the local housing code. A lease can't waive this.(Wis. Stat. 704.07)
- Tenant damage. If the tenant's acts or inaction damage the unit, including by causing a pest infestation, the landlord can have the tenant fix it or do the work and charge the reasonable cost.(Wis. Stat. 704.07) The pest guide covers what you're likely seeing and when to call a pro.
- Unlivable conditions. If the unit becomes untenantable, the tenant may move out unless the landlord promptly fixes it. A tenant who stays owes reduced rent to the extent they lose use of the unit, but can't withhold all of it.(Wis. Stat. 704.07)
- In Madison, current tenants can report interior problems to Building Inspection.(City of Madison) If the owner misses the city's repair deadline, tenants can apply for rent abatement, a temporary rent reduction.(City of Madison) Repairs in a Madison rental walks through the process.
- Retaliation is prohibited. A landlord can't end or refuse to renew a tenancy, or cut heat, water or power, because a tenant reported a code violation, joined a tenant union, or used a legal right.(ATCP 134.09)
- Late fees are allowed only if the lease provides for them, and prepaid rent must be applied first.(ATCP 134.09)
- Subletting. Month-to-month tenants need the landlord's consent to sublet. Tenants on a lease can sublet unless the lease restricts it, and stay liable unless the landlord releases them.(Wis. Stat. 704.09)
Ending the Lease
- Month-to-month tenancies end with written notice at least 28 days ahead, at the end of a rental period. Either side can give it.(Wis. Stat. 704.19)
- Automatic renewal clauses bind a tenant only if the landlord sends a separate written reminder 15 to 30 days before the tenant's deadline to give notice.(Wis. Stat. 704.15)(ATCP 134.09)
- Late rent: a tenant on a lease of a year or less who misses rent can be given a notice to pay or move out within at least 5 days.(Wis. Stat. 704.17) Removing a tenant takes a court eviction. Lockouts and utility shutoffs aren't allowed.(ATCP 134.09) The eviction guide covers each step.
- The deposit comes back within 21 days, minus allowed deductions, with a written list of anything withheld.(Wis. Stat. 704.28)(ATCP 134.06) The security deposit checker gives the exact date and checks a deduction.
- Moving out in Madison in August? The Madison rental year has the move-out pickup dates.
What Cities Can't Change
Wisconsin limits what cities, villages, towns and counties can require of residential landlords.(Wis. Stat. 66.0104) Local governments can't:
- Add rules on security deposits, earnest money, or move-in and move-out inspections beyond the state's.
- Limit a landlord from showing the unit, or signing a lease with the next tenant, while the current tenant still lives there.
- Require landlords to give tenants information that federal or state law doesn't require.
- Charge an occupancy or transfer-of-tenancy fee.
Local housing codes, such as the one Madison's Building Inspection enforces, still apply to repairs and conditions.(Wis. Stat. 704.07) ATCP 134 leaves local ordinances in place unless the two directly conflict, and then ATCP 134 controls.(ATCP 134.10)
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. Its housing work covers evictions, housing conditions and security deposits.(Legal Action of Wisconsin)
- DATCP Consumer Protection, the state agency that enforces ATCP 134: (800) 422-7128 or DATCPHotline@wisconsin.gov. Its landlord-tenant guide is at LandlordTenant.wi.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 are a tenant's basic rights in Wisconsin?
State law covers the main ones: disclosures before signing, a check-in sheet with 7 days to return it, at least 12 hours' notice before the landlord enters, repairs and housing code compliance by the landlord, and the deposit back within 21 days with a written list of any deductions. Tenants in turn must pay rent, repair damage they cause and follow the lease and local housing code.
How much notice does a landlord need to enter in Wisconsin?
At least 12 hours, at reasonable times, to inspect, make repairs or show the unit. A tenant can agree to a shorter time. No notice is needed in a health or safety emergency, or when the tenant is away and entry is needed to protect the property.
Can a tenant withhold rent for repairs in Wisconsin?
Not in full while staying in the unit. If a unit becomes untenantable or a serious violation affects health or safety, rent abates to the extent the tenant loses use of it, and the tenant may move out if the landlord doesn't promptly fix it. In Madison, the city's rent abatement process applies after an owner misses a Building Inspection repair deadline.
Can Madison set its own rules on deposits or showings?
Not beyond the state's. Wisconsin law bars cities from adding security deposit, earnest money or move-in and move-out inspection rules, and from limiting showings or new leases during a current tenancy.