Renting in Wisconsin
Your rights as a tenant in Wisconsin
In Wisconsin, the landlord has 21 days to return your deposit. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Wisconsin
- To return your deposit
- 21 days
- Wis. Stat. §704.28; Wis. Admin. Code ATCP 134.06(2)
- Notice for late rent
- 5 days
- Wis. Stat. §704.17
- Month-to-month notice
- 28 days
- Wis. Stat. §704.19(3)
What the law says
The rules, one by one
The basic rules for renting in Wisconsin, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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When must they return my deposit?
21 days
If you move out at the end of your lease, the landlord must return your security deposit, minus any amount that may be withheld, within 21 days after you move out. If you move out before the lease ends, the landlord has 21 days from the last day of the lease or the date a new tenant moves in, whichever comes first.
What the law says · Wis. Stat. §704.28; Wis. Admin. Code ATCP 134.06(2)
“If you are moving out at the end of your lease, the landlord must return your security deposit, less any amount that may be withheld, within 21 days after you move out. If you move out before the end of your lease, the landlord has 21 days to return your security deposit from either the last day of your lease or the date a new tenant moves in, whichever comes first.”
Source: Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Tenants' Rights and Responsibilities fact sheet (LT-TenantsRights143) · Verified on October 24, 2026
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If I fall behind on rent, what notice must I get?
5 days
If you do not pay rent, the landlord may give you a written 5-day notice to pay or move out; if you pay in time, the tenancy continues. On a lease, the landlord must first give that 5-day notice. If you pay and are late again within 12 months, the landlord may give a 14-day notice with no option to pay. If you rent month to month, the landlord may give a 14-day notice with no option to pay, without a 5-day notice first.
What the law says · Wis. Stat. §704.17
“Tenants may be given either a written 5-day or 14-day notice to vacate the property. 5-day ”cure” Notice. This written notice from the landlord gives the tenant five days to cure or move out within five days. If the tenant cures, the tenancy continues. 14-day Notice. This written notice specifies that the tenancy has ended because the tenant failed to pay the rent, broke the agreement, or damaged the property. This notice does not offer the option of paying the rent or correcting the breach. For month-to-month tenancies, a landlord may serve a 14-day Notice for either rent non- payment or for damage/lease breach, without first serving a 5-day Notice to cure. For tenants on a lease, the landlord must first provide a 5-day ”cure” Notice and option to cure; if the tenant pays and is then late with rent again within 12 months, the landlord may then serve a 14-day notice with no option to cure.”
Source: Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Tenants' Rights and Responsibilities fact sheet (LT-TenantsRights143) · Verified on October 24, 2026
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How much notice ends a month-to-month rental?
28 days
If you rent month to month, the landlord may end the rental agreement with a written notice given at least 28 days before the next rent due date. You must follow the same procedure to tell the landlord you are leaving.
What the law says · Wis. Stat. §704.19(3)
“If you are renting by the month, the landlord may terminate the rental agreement by giving you a written termination notice at least 28 days before the next rent due date. You must use the same procedure in notifying the landlord of your intent to terminate the rental agreement, Wis. Stat. s. 704.19(3).”
Source: Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Tenants' Rights and Responsibilities fact sheet (LT-TenantsRights143) · Verified on October 24, 2026
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Are there limits on late fees?
A landlord cannot charge a late rent fee or penalty unless your rental agreement specifically provides for it. If you were late the month before and pay this month's rent, the landlord must first apply that payment to rent currently due before using any part of it for a late fee.
What the law says · Wis. Admin. Code ATCP 134.09(8)
“A landlord may not charge a tenant a "late rent fee" or "late rent penalty," unless the rental agreement specifically provides for such a penalty. If the tenant was late paying rent the previous month and gives the landlord a rent payment for the current month, the landlord must first apply that payment to any rent that is currently due before applying any part of that payment to a late fee.”
Source: Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Landlord Tenant Guide (LT-LandlordTenantGuide497, 03/2026) · Verified on October 24, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
A landlord may not lock you out, remove you by force or push you out unless the landlord follows the eviction procedure set by law in court. Cutting off utilities, changing the locks, removing doors or harassing you can count as this kind of eviction.
What the law says · Wis. Admin. Code ATCP 134.09(7)
“A landlord may not exclude, forcibly evict, or constructively evict a tenant from a dwelling unit unless the landlord follows the eviction procedures established by law (Wis. Stat. ch. 799). "Constructive eviction" could include the landlord taking actions like the following: disconnecting utility services, changing the locks, removing the doors from the dwelling unit, or harassing the tenants in other ways.”
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Protection from retaliation
Yes: state law says so
A landlord may not raise your rent, cut services (such as water, electricity or heat), refuse to renew your lease, sue to evict you or threaten to do so in retaliation because you reported a rule or housing code violation to the authorities, complained to the landlord about those violations, or asserted your rights as a tenant, including joining or organizing a tenants' union.
What the law says · Wis. Admin. Code ATCP 134.09(5)
“A landlord may not increase rent, decrease services (such as water, electricity or heat), refuse to renew a lease, bring an action to evict or threaten to do any of these things, if it is caused by the landlord’s desire to retaliate against the tenant because the tenant has: • Reported a violation of ATCP 134 or reported a building or housing code violation to government authorities; • complained to the landlord about a violation of ATCP 134, Wis. Stat. ch. 704 which describes the duties of the landlord; • complained to the landlord about violations of the local housing code; or • asserted or attempted to assert his/her legal rights as a tenant, including joining or attempting to organize a tenants union or organization.”
Eviction
How an eviction works in Wisconsin
Step by step, with the time periods the law sets. No landlord can skip the court.
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Written 5-day notice to pay or move out (or 14-day notice with no option to pay)
at least 5 days
What the law says · Wis. Stat. §704.17
“Tenants may be given either a written 5-day or 14-day notice to vacate the property.”
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Summons and complaint served at least 5 business days before the return date
at least 5 business days
What the law says · Wis. Stat. ch. 799
“Not less than five (5) business days before the return date.”
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Return date; if you do not appear or answer, the landlord may win the case
What the law says · Wis. Stat. ch. 799
“If you do not appear or answer, the plaintiff may win this case and a judgment entered for what the plaintiff is asking.”
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If a court commissioner decided, you may demand a trial before a judge
up to 10 calendar days
What the law says · Wis. Stat. ch. 799
“Within ten (10) calendar days of the oral decision or within 15 calendar days of the written decision.”
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The judge decides; if the ruling favors the landlord, the judge may order you to leave
What the law says · Wis. Stat. §799.44
“If the small claims court judge rules in the landlord’s favor, the judge may issue a court order requiring you to leave the property. If you do not, the county sheriff may remove you and your belongings from the premises.”
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Writ of restitution; the landlord must take it to the sheriff within 30 days
up to 30 days
What the law says · Wis. Stat. §§799.44, 799.45
“If you are granted an eviction judgment and the tenants do not move out, you must have the sheriff help you remove the tenants. In order to do so, you must pay a fee to obtain a signed Writ of Restitution, (SC-512) form from the clerk of court. Take the writ to the sheriff within 30 days of being issued by the court.”
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The sheriff removes the occupants within 10 days after receiving the writ
up to 10 days
What the law says · Wis. Stat. §§799.44, 799.45
“Within 10 days after you receive this writ, you: • remove the defendant and all other persons found upon the premises claiming under the defendant, using such reasonable force as is necessary.”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
A housing discrimination complaint must be filed within one year, either with the Equal Rights Division or through circuit court. The complaint form explains how to submit it for investigation. The Division can investigate complaints, hold formal hearings, award remedies and help the parties settle.
Wisconsin Department of Workforce Development, Equal Rights Division- Legal Action of Wisconsin (free civil legal aid for people with low incomes)legalaction.org
- Wisconsin Judicare (free legal aid in 33 northern Wisconsin counties)judicare.org
- Wisconsin State Law Library: legal help by countywilawlibrary.gov
- Wisconsin Court System: small claims and eviction self-help (guides and forms assistant)wicourts.gov
- Wisconsin Court System: small claims forms (summons SC-500 also in Spanish)wicourts.gov
Frequently asked questions
When must a deposit be returned in Wisconsin?
If you move out at the end of your lease, the landlord must return your security deposit, minus any amount that may be withheld, within 21 days after you move out. If you move out before the lease ends, the landlord has 21 days from the last day of the lease or the date a new tenant moves in, whichever comes first. (Wis. Stat. §704.28; Wis. Admin. Code ATCP 134.06(2))
What notice is required for late rent in Wisconsin?
If you do not pay rent, the landlord may give you a written 5-day notice to pay or move out; if you pay in time, the tenancy continues. On a lease, the landlord must first give that 5-day notice. If you pay and are late again within 12 months, the landlord may give a 14-day notice with no option to pay. If you rent month to month, the landlord may give a 14-day notice with no option to pay, without a 5-day notice first. (Wis. Stat. §704.17)
How much notice ends a month-to-month rental in Wisconsin?
If you rent month to month, the landlord may end the rental agreement with a written notice given at least 28 days before the next rent due date. You must follow the same procedure to tell the landlord you are leaving. (Wis. Stat. §704.19(3))
Are there limits on late fees in Wisconsin?
A landlord cannot charge a late rent fee or penalty unless your rental agreement specifically provides for it. If you were late the month before and pay this month's rent, the landlord must first apply that payment to rent currently due before using any part of it for a late fee. (Wis. Admin. Code ATCP 134.09(8))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these Wisconsin rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- How much can they charge for a deposit? Not verified yet
- How much notice before a rent increase? Not verified yet
- Protection related to immigration status Not verified yet
- Repair and deduct from the rent Not verified yet