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Wisconsin Lease Agreement
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Wisconsin at a glance: Security Deposit Limit: No statutory cap · Deposit Return Deadline: 21 days after move-out · Notice to Terminate Month-to-Month: 28 days
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Overview
Lease Agreements in Wisconsin
Wisconsin landlord-tenant law is governed by Wis. Stat. § 704. Wisconsin has no cap on security deposits, which must be returned within 21 days of move-out. Wisconsin state law preempts local rent control ordinances.
The eviction process begins with a 5-day pay-or-quit notice for non-payment. Wisconsin requires landlords to provide detailed move-in/move-out inspection reports and withold deposits only for documented damages.
Key Facts
Wisconsin Lease Agreement — Quick Reference
| Requirement | Wisconsin Rule |
|---|---|
| Security Deposit Limit | No statutory cap |
| Deposit Return Deadline | 21 days after move-out |
| Notice to Terminate Month-to-Month | 28 days |
| Eviction Notice (Non-Payment) | 5-Day Notice |
| Rent Control | Prohibited by state law |
| Governing Law | Wis. Stat. § 704 |
Legal Requirements
Wisconsin Legal Requirements
- Security deposits must be returned within 21 days with itemized deductions.
- Landlords must provide a move-in checklist and document existing damages.
- Lead paint disclosure required for pre-1978 properties.
- 12 hours' advance notice required before landlord entry for non-emergency purposes.
- Wisconsin Admin. Code ATCP 134 provides additional tenant protections including prohibited lease clauses.
Governing Laws
Wisconsin Governing Laws
Wis. Stat. § 704.28
Security Deposits
Requires return within 21 days of move-out with itemized deductions. Requires move-in inspection documentation.
Wis. Stat. § 704.17
Eviction — Non-Payment
Requires 5-day notice to pay or quit for non-payment of rent before the landlord may commence an eviction action.
Wis. Admin. Code ATCP 134
Residential Rental Practices
Administrative rules setting standards for lease terms, deposits, and landlord practices. Prohibits many common abusive lease clauses.
Read the full text of these laws at Cornell Law School's Wisconsin legal resources or your state legislature's official website.
Questions & Answers
Wisconsin Lease Agreement — Frequently Asked Questions
How long does a Wisconsin landlord have to return a security deposit?
Wisconsin landlords must return security deposits within 21 days of move-out with an itemized written statement of any deductions. This is one of the shorter deadlines among US states.
Does Wisconsin have rent control?
No. Wisconsin state law prohibits local governments from enacting rent control or rent stabilization ordinances.
What notice is required to terminate a month-to-month lease in Wisconsin?
Wisconsin requires 28 days' written notice from either party to terminate a month-to-month tenancy.