Heads-up: this guide is general information about Wisconsin landlord-tenant law as of 2026. It is not legal advice. For specific situations — Section 8, contested evictions, retaliation claims, federally subsidized housing — talk to a Wisconsin landlord-tenant attorney. Bookmark this page; we update it whenever Wisconsin statutes change.
1. Security Deposits
Wisconsin gives landlords broader latitude on security deposits than most states. Here are the rules that actually matter.
Amount
No statutory maximum. Most Brown County landlords charge 1 month's rent. Charging 2 months is legal but uncommon and will hurt your applicant pool. Charging more for tenants with weaker credit is permissible if you apply a consistent written policy.
Holding the deposit
Wisconsin does NOT require a separate interest-bearing account (unlike Illinois or Massachusetts). You can deposit security funds in your normal business account. But you must be able to refund them within 21 days of move-out.
Returning the deposit — 21-day rule
Wis. Stat. § 704.28: you have 21 days from the day the tenant vacates and provides a forwarding address to either:
- Return the full security deposit, OR
- Send an itemized written statement of deductions plus any remaining balance.
Miss the 21-day deadline and you forfeit your right to make deductions — even if the damage is real. The tenant can also sue for double the wrongfully withheld amount + attorney fees. Calendar the 21-day clock the day they hand back the keys.
What you CAN deduct
- Unpaid rent through the end of tenancy
- Damage beyond normal wear-and-tear (photo evidence required)
- Cleaning costs to return unit to move-in condition (only if move-in was documented as clean)
- Costs to repair tenant-caused damage to fixtures, walls, flooring, appliances
- Utility bills the tenant was responsible for and didn't pay
What you CANNOT deduct
- Normal wear-and-tear (faded paint, minor carpet wear, light wall scuffs)
- Pre-existing damage (this is why every move-in inspection must be photo-documented)
- "Carpet cleaning" as a flat fee — it must be tied to actual tenant-caused soiling beyond normal wear
- Costs you would have incurred regardless (routine paint refresh between tenants)
2. Lease Requirements
Wisconsin is a "freedom of contract" state for residential leases, with some required disclosures.
Required disclosures (every lease)
- Lead-based paint disclosure — federal law, pre-1978 buildings. Use HUD form.
- Domestic abuse protections notice — Wis. Stat. § 704.16 requires notice of tenant rights regarding domestic abuse situations.
- Earnest money / move-in check-in — written inventory of the unit's condition must be offered.
- Code violations — landlord must disclose any uncorrected building code violations affecting habitability.
- Utility shutoff / nonpayment history — if utilities have been disconnected in the past 12 months due to landlord nonpayment, this must be disclosed.
Prohibited clauses
Wisconsin specifically voids lease clauses that:
- Waive the tenant's right to a habitable dwelling
- Allow self-help eviction (changing locks, removing belongings without court order)
- Require the tenant to pay landlord's legal fees regardless of who wins
- Authorize confessions of judgment
- Penalize tenants for contacting code enforcement or law enforcement
Term flexibility
Month-to-month, year-long, or multi-year leases are all valid. Most Brown County professional landlords default to a 12-month initial lease that converts to month-to-month after expiration — gives you eviction-friendly terms during the higher-risk first year, then flexibility on both sides afterward.
3. Habitability + Maintenance
Wis. Stat. § 704.07 imposes an implied warranty of habitability. The landlord must keep the rental unit in a condition fit for human habitation. Specifically:
- Working heat capable of maintaining 67°F minimum (Wisconsin winters make this enforceable; in Brown County, you'll get a code citation fast)
- Working plumbing, hot + cold running water
- Functioning electrical system, sufficient for normal use
- Structurally sound roof, walls, floors, windows, doors
- No infestations of vermin or pests (except those caused by tenant)
- Working smoke detectors (Wisconsin requires hard-wired in newer construction; replaceable batteries in older — landlord installs, tenant maintains)
- Carbon monoxide detectors — required in any unit with a fuel-burning appliance, attached garage, or shared wall with one
Repair timing
Wisconsin doesn't have specific statutory deadlines for non-emergency repairs, but courts have interpreted "reasonable time" to mean:
- Life-safety (no heat in winter, gas leak, no water, sewer backup) — 24 hours or less
- Habitability-affecting (broken stove, leaking roof, broken lock on entry door) — 3–7 days
- Quality-of-life (cosmetic issues, minor appliance malfunctions) — 14–30 days
Tenant remedies for landlord nonperformance
If you fail to maintain, the tenant has three escalating options under WI law:
- Written notice → if not fixed in reasonable time → the tenant may terminate the lease with notice.
- Repair-and-deduct (limited): for emergencies and minor repairs the tenant may pay and deduct up to one month's rent.
- Rent escrow: tenants can withhold rent into a court-supervised escrow account if conditions are severe.
4. Entry to the Property
Wisconsin requires "reasonable advance notice" for non-emergency entry. The statutory default is 12 hours notice, but most leases (and case law) require 24 hours as the safer practice. Emergency entry (active leak, fire, suspected death) requires no notice.
Always document entry attempts. Text or email the tenant. If you keep getting refused entry, the eviction system treats this as a substantial lease violation.
5. Rent Increases + Late Fees
Rent increases
Wisconsin has no statewide rent control. You may increase rent any amount, at any time, with proper notice:
- Month-to-month — 28-day written notice
- Fixed-term lease — no increase during the term unless lease specifically allows it. Raise on renewal.
Late fees
Must be "reasonable" — courts have generally upheld late fees in the 5%–10% of monthly rent range plus a per-day late charge. Punitive late fees (e.g. $100/day) get struck down. Best practice: 5% flat late fee after a 3-day grace period.
NSF / returned check fees
Wisconsin allows landlords to charge up to $30 for returned checks (Wis. Stat. § 943.245). State this in the lease.
6. Evictions — Quick Summary
The full eviction process is its own beast — we wrote a step-by-step guide at Wisconsin Eviction Process for Landlords. Quick summary:
- 5-Day Notice — non-payment of rent. Pay or quit.
- 14-Day Notice — non-rent lease violation. Cure or quit.
- 28-Day Notice — terminating month-to-month, or for repeat/serious violations.
- After notice expires unresolved → file in Small Claims (under $10K) or Civil Court (over $10K) at Brown County Courthouse.
- Court hearing typically scheduled 8–21 days from filing.
- If you win → writ of restitution → Brown County Sheriff schedules removal (typically 5–10 days out).
Total timeline for an uncontested Brown County eviction: ~30 days from notice served to keys handed over. Contested evictions can run 45–90 days.
7. Fair Housing — Federal + Wisconsin
Federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, familial status, national origin, and disability. Wisconsin adds marital status, sexual orientation, ancestry, age, and lawful source of income as protected classes (Wis. Stat. § 106.50).
What "lawful source of income" means
You cannot refuse to rent to a tenant solely because they pay rent with housing choice vouchers (Section 8), child support, SSI, or any other lawful source. You can still apply your standard income-to-rent ratio (typically 3× monthly rent) using the voucher's "portion paid" as income — but you can't have a blanket "no vouchers" policy.
Reasonable accommodation requests
A tenant with a documented disability can request reasonable accommodations (allowing a service animal, modifying the unit at their expense, transferring to a ground-floor unit). You must engage in a good-faith interactive process. Blanket "no pets" policies do NOT apply to legitimate service animals or emotional support animals.
Documentation
Every screening decision needs to be documented and based on consistent written criteria. If you reject one applicant for a 580 credit score, you can't accept another with 575. Apply your standards uniformly.
8. Tenant Application + Screening
Wisconsin allows landlords to charge a non-refundable application fee covering the actual cost of credit + background check (Wis. Stat. § 704.085). Most Brown County landlords charge $35–$50.
What you can ask
- Income, employment, prior addresses, prior landlords
- Credit history, criminal background (with HUD-recommended exceptions for old arrests + non-violent offenses)
- Eviction history
- Pet inventory (separate pet deposit / pet rent permitted)
What you cannot ask
- Race, religion, ancestry, sexual orientation, familial status
- Whether the applicant has children (you may ask total number of occupants)
- Country of origin (you may ask legal right to rent in U.S.)
- Disability or medical conditions (you may ask whether the applicant can fulfill lease obligations)
9. Service of Notices
Improperly served notices are the single most common reason Brown County evictions get dismissed. Three valid service methods in Wisconsin:
- Personal delivery — hand the notice to the tenant. Keep a witness if possible.
- Substitute service — leave with a competent adult resident at the unit + mail a copy first-class same day.
- Posting + mailing — post conspicuously on the front door + mail certified, return receipt requested, same day.
Always document service: date, time, method, photo of posted notice if applicable. Save the certified mail return receipt.
10. When to Call a Lawyer
Most Brown County landlord-tenant matters are routine — you can DIY a clean lease, a clean 5-day notice, and a clean eviction. Call a lawyer if any of these apply:
- Tenant raises a habitability counterclaim
- Tenant claims retaliation (e.g. eviction came right after they called code enforcement)
- Section 8 / HUD-subsidized unit (federal rules layer on top)
- Tenant requests reasonable accommodation under fair housing
- Tenant declares bankruptcy (automatic stay halts eviction)
- Damage exceeds $5K or you're considering small claims for unpaid rent + damage
- Anything involving discrimination, harassment, or a domestic-abuse situation
Brown County has experienced landlord-tenant attorneys. We refer clients to a short list of pros we trust. Text us if you need a name.
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This guide reflects Wisconsin law as of 2026 to the best of our understanding. Statutes change. Verify with a Wisconsin attorney before acting on anything specific.