Laws regarding rental properties are confusing in all 50 states, to be sure. And, though Wisconsinites are a famously friendly bunch, the legalese around tenants’ rights don’t have the same reputation. Luckily, we’re here to help!
Whether you’re a Badger State native like Georgia O’Keeffe and Laura Ingalls Wilder or want to make it your adoptive home, we’ve got you covered. In this article, we make all the rental rules and regs readable, break down everything from rental applications to lease terminations and everything in between.
Application fee: up to $25
Application fee refund: non-refundable
Rental agreement required: oral or written
You can notice that Wisconsin is a landlord-friendly state as soon as you apply for a rental here. Like in a few other states, landlords in Wisconsin can request not only an application fee and a security deposit but also a holding deposit.
An application fee is used to process a rental application and run tenant screening. It cannot exceed $25. Also, if you have a fresh credit report (not older than 30 days), you can submit it to the potential landlord instead of paying an application fee.
Another charge you might encounter is a holding deposit, also called the “earnest money deposit” in the landlord-tenant law statutes in Wisconsin. The landlord might ask for it to make sure you will not change your mind at the last moment and to protect themselves from any losses.
There is no cap on how much the holding deposit can be, but usually, it’s about one or two months’ rent. When you sign a rental agreement and move into a new apartment, the landlord must put it towards rent, security deposit, or return to you.
The law determines a few instances in which a property manager must return the earnest money deposit. First, if the landlord rents out a property to someone else or simply rejects your application. Another case will be if you withdraw your application before the landlord decides whether to accept it. Finally, you can ask back for your application fee if the property manager does not make a decision within three business days after accepting the deposit (unless you agreed otherwise in writing).
Similar to other states in the US, landlord-tenant laws in Wisconsin allow both verbal and oral rental contracts. Of course, we always advise signing an agreement, as it gives you full clarity about your and your landlord’s rights and responsibilities.
Pet deposit maximum: not indicated
Security deposit maximum: not indicated
Security deposit interest: no
Return deposit deadline: 21 days
Itemized list of charges with the basis for the claim: required
Legal reasons to keep security deposit: to cover unpaid rent/utilities or property damage beyond normal wear and tear
Wisconsin state laws do not limit the security deposit amount landlords can ask for. For this reason, it is mainly shaped by the rental market — it is common to ask for one or two months’ rent as a security deposit. Make sure you receive a written receipt when you pay a deposit: according to Wisconsin law, every landlord must issue it to you.
A tenant has the right to inspect the rental property before giving the security deposit to the property manager. Also, they can request a list of damages that the landlord charged the previous renter. The statutes designate for this not less than seven days since the tenancy begins.
When the rental agreement ends, and the tenant decides to move out, the property manager has 21 days to return the security deposit. If you decide to leave a few days earlier, the 21-day period would still be counted starting from the end of the lease, not your move-out date.
The landlord has the right to withhold the security deposit or some part of it. However, they must provide the tenant with the itemized written list of charges if they do so. The security deposit can be used to cover unpaid rent or utilities and any damages that go beyond normal wear and tear. Tenants should be aware that Wisconsin tenant-landlord law prohibits using security deposits to cover the costs of cleaning, painting, or cleaning the carpet.
Local laws don’t require landlords to put security deposits in interest-bearing accounts. That’s a common practice in landlord-friendly states.
Smoke alarms: required
Carbon monoxide detectors: required, if there is an attached garage, fireplace, or a fuel-burning appliance
Rekey requirements: not indicated
Similar to other states in the US, Wisconsin landlord-tenant laws require smoke alarms in every residential building. When it comes to the CO detectors, they are always required in those properties that have a garage, fuel-burning appliance, or a fireplace.
It is your responsibility as a tenant to change batteries if needed and inform your landlord about any malfunctions of the detectors.
Maximum rent: not indicated
Rent increase: not indicated
Right to withhold rent for failure to provide essential services (such as water, heat, etc.): not indicated
Late payment limit: not allowed, unless stated otherwise in the rental agreement
According to the landlord-tenant law in Wisconsin, there is no maximum amount a property manager can charge for rent. Furthermore, there is no upper limit to how often or how much the rent increase can be.
To increase the rent, the property manager has to provide notice. If you have a month-to-month tenancy, there is no specified notice period. But, it is usually the same amount of time as it’s given to provide a notice to vacate (at least 28 days).
Of course, if you have a one-year lease, it is illegal for the landlord to change its terms before it terminates. In this case, a rent increase will only be possible when you prolong your lease for the following year.
Withholding rent if the landlord fails to repair significant issues in a prompt manner is a normal practice in many US states. However, Wisconsin rental laws don’t allow withholding rent if your rental has habitability issues or is in need of some essential repairs. There are two ways to go about it, though.
The tenant can move out of the rental for a certain time until the issue is solved. Then, they don’t have to pay rent until they come back. But, be aware that you can only resort to this solution if your health and safety are at risk or if the repairs make it considerably inconvenient to stay in the property.
Another option would be to stay in the apartment and pay only a portion of the rent until the landlord fixes the problem. This has to be agreed with the property manager, and there are no regulations on how much or how little of the rent can be abated.
Local rental laws also don’t regulate late payments — how many days the tenant has before they have to pay interest and how much the interest might be. You should pay attention to this topic in your rental agreement and see if it’s covered there at all.
Notice to terminate lease: 28 days for a month-to-month agreement
Eviction notice for not paying rent: 5 or 14 days
Eviction notice for lease violation: 5 days
If the tenant in Wisconsin has a month-to-month tenancy and fails to pay rent, they might be given two types of notices from the landlord. They can face a 5-day notice, where they would have to either cover the amount of owed rent within this period or vacate the rental. Another alternative is a 14-day notice, where the tenant is given no option to fix the breach of the contract and simply has to move out.
However, if the renter has a long-term lease, the property manager is obligated to deliver a 5-day notice to cure before they can start an eviction process.
For all the instances where the tenant breaches the lease in other ways or is involved in criminal activity, the landlord can give them a 5-day eviction notice.
If you want to terminate your month-to-month rental agreement, you should inform the property manager at least 28 days before. And in the case of a yearly lease agreement, it will be terminated automatically at the end.
Disclaimer: Although we have relied on Official State Statutes and other credible sources to find and analyze information for this post, you’re advised to use it as a starting point only and do not consider this article a substitute for legal advice. Some situations are unique, and it is always better to consult with a qualified lawyer or appropriate government agencies.
Oleksiy Lubinsky, Founder and CEO of Rentberry and former investment banking executive, stands out for his expertise in real estate and entrepreneurship. A Berkeley alumnus, his leadership has propelled Rentberry to notable achievements, establishing him as a trusted and authoritative figure in the real estate industry.
