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Wisconsin Residential Lease Agreement

Create a free Wisconsin lease agreement: no deposit cap, 21-day deposit return, and a required move-in inspection disclosure. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property, covering the rent, the term, the security deposit, each party's responsibilities, and how the tenancy ends. In Wisconsin, landlord-tenant duties come mainly from Wis. Stat. chapter 704 and the Department of Agriculture, Trade and Consumer Protection's rental-practices rule, Wis. Admin. Code chapter ATCP 134. Wisconsin sets no dollar cap on a security deposit, but under ATCP 134.06 a landlord must return the full deposit, less lawful deductions, within 21 days after the tenant moves out, along with a written itemized statement of any amounts withheld. Before accepting a deposit, the landlord must also disclose the name and address of the person authorized to collect rent, any known building-code violation that threatens health or safety, and whether utilities such as water, heat, or electricity are billed separately from rent (ATCP 134.04). A landlord who wants to enter the unit during the tenancy must give at least 12 hours advance notice except in an emergency (ATCP 134.09). Ending or changing a month-to-month tenancy, including a rent increase, takes at least 28 days notice under Wis. Stat. Section 704.19, and no Wisconsin city or county may impose its own rent control, since Wis. Stat. Section 66.1015 preempts local rent regulation statewide. Attorney review is available as an option before signing.

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Key Things to Know

  1. 1

    A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property: the rent, the term, the security deposit, each party's duties, and how the tenancy ends.

  2. 2

    Wisconsin sets no dollar cap on a security deposit. Wis. Admin. Code ATCP 134.06(2) requires the landlord to return the full deposit, less lawful deductions, within 21 days after the tenant moves out or the tenancy otherwise ends, together with a written itemized statement of any amounts withheld (ATCP 134.06(4)(a)).

  3. 3

    Before the tenant pays a deposit, the landlord must disclose in writing the name and address of the person authorized to collect rent and manage the unit, any known building-code violation threatening health or safety, and whether water, heat, or electricity charges are billed apart from rent (ATCP 134.04). The tenant also gets a right to a move-in inspection and a list of existing defects (ATCP 134.06(1)), and federal law requires a lead-based paint disclosure for housing built before 1978.

  4. 4

    A landlord entering the unit during the tenancy must give at least 12 hours advance notice and enter at a reasonable time, unless the tenant agrees to a shorter notice (ATCP 134.09).

  5. 5

    Wisconsin sets no statutory cap on a late fee, but ATCP 134.09(8) allows a late fee only if the rental agreement specifically provides for one, requires any partial payment to be applied to rent first, and bars a fee on an unpaid late fee. No minimum grace period is required before a late fee can apply.

  6. 6

    Ending or changing the terms of a month-to-month tenancy, including a rent increase, takes at least 28 days written notice under Wis. Stat. Section 704.19, unless rent is paid on a shorter cycle, in which case notice equal to that rent-paying period is enough.

  7. 7

    Wisconsin has no rent control or just-cause eviction regime. Wis. Stat. Section 66.1015 bars every Wisconsin city, village, town, and county from regulating the rent charged for a residential rental unit.

Key decisions before you file

Before you file a Residential Lease Agreement in Wisconsin, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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WISCONSIN RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] (the lessor, meaning the party granting the tenancy) of [ADDRESS], and [TENANT NAME] (the lessee, meaning the party renting the unit), for the property located at [RENTAL ADDRESS], Wisconsin (the premises).

  2. TERM This lease is for a [fixed term of ___ months, from [START DATE] to [END DATE] / month-to-month tenancy beginning [START DATE]]. A month-to-month tenancy continues until either party ends it with the notice required under Section 8 below.

  3. RENT Tenant shall pay rent of $[AMOUNT] per month, due on the [DAY] of each month. Wisconsin sets no statutory cap on a late fee, but Wis. Admin. Code ATCP 134.09(8) allows one only if this lease specifically states it: a late fee of $[AMOUNT] applies if rent is not paid by [DATE]. No minimum grace period is required by law before a late fee applies.

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT]. Wisconsin sets no dollar cap on this amount. Wis. Admin. Code ATCP 134.06(2) requires landlord to return the deposit, less lawful deductions, within 21 days after tenant moves out or the tenancy ends, together with a written itemized statement (an itemization) describing any amounts withheld. No interest or separate escrow account is required by Wisconsin law.

  5. DISCLOSURES Landlord discloses: (a) the federal lead-based paint disclosure and pamphlet, required for housing built before 1978; (b) the name and address of the person authorized to collect rent and manage the premises (ATCP 134.04(1)(a)); (c) any known building-code violation threatening health or safety (ATCP 134.04(2)); and (d) whether water, heat, or electricity is billed apart from rent (ATCP 134.04(3)). Before tenant pays a deposit, landlord shall also give tenant the right to a move-in inspection and a list of existing defects (ATCP 134.06(1)).

  6. ENTRY Landlord shall give tenant at least 12 hours advance notice before entering the premises and shall enter only at a reasonable time, unless tenant consents to shorter notice or a genuine emergency exists (ATCP 134.09).

  7. MAINTENANCE AND USE Tenant shall keep the premises clean and shall not damage the property beyond normal wear and use. Landlord shall maintain the premises in habitable condition. This lease may not contain any provision Wis. Admin. Code ATCP 134.08 prohibits, such as one waiving landlord's habitability duties.

  8. TERMINATION Either party may end a month-to-month tenancy, or landlord may change its terms including rent, by giving at least 28 days written notice under Wis. Stat. Section 704.19 (or notice equal to the rent-paying period if rent is paid more often than monthly). Wisconsin has no rent control: Wis. Stat. Section 66.1015 bars any city, village, town, or county from regulating residential rent.

SIGNATURES

[LANDLORD NAME], Landlord [TENANT NAME], Tenant Date: [DATE] Date: [DATE]

Note: This lease needs no notary or witnesses to be valid in Wisconsin. This is a Wisconsin skeleton governed by Wis. Stat. ch. 704 and Wis. Admin. Code ch. ATCP 134. For the complete, customizable template, see the full Residential Lease Agreement template.

Wisconsin Requirements for Residential Lease Agreement

Security Deposit: No Cap, 21-Day Return

Wisconsin sets no dollar cap on a security deposit. Wis. Admin. Code ATCP 134.06(2) requires the landlord to return the full deposit, less lawful deductions, within 21 days after the tenant moves out or the tenancy ends. If any amount is withheld, ATCP 134.06(4)(a) requires a written itemized statement describing each item and the amount withheld within that same 21-day window.

Move-In Inspection Disclosure

Before a tenant pays a security deposit, or within 7 days after the tenancy starts, Wis. Admin. Code ATCP 134.06(1) requires the landlord to notify the tenant of the right to inspect the premises and to disclose existing defects, along with any deductions taken from the prior tenant's deposit for damage to the same areas.

Landlord and Agent Contact Disclosure

Wis. Admin. Code ATCP 134.04(1)(a) requires the landlord to disclose in writing, at or before signing the rental agreement, the name and address of the person authorized to collect rent and manage the premises, and of the owner or other person authorized to accept legal notices.

Building Code Violation and Habitability Disclosure

Wis. Admin. Code ATCP 134.04(2) requires the landlord to disclose, before the rental agreement is signed or a deposit is accepted, any known building-code or housing-code violation affecting the unit or a common area that presents a significant threat to the tenant's health or safety.

Utilities Not Included in Rent Disclosure

If charges for water, heat, or electricity are not included in the rent, Wis. Admin. Code ATCP 134.04(3) requires the landlord to disclose this to the tenant before the rental agreement is signed or before accepting any earnest money or security deposit.

Entry Requires 12 Hours Advance Notice

Wis. Admin. Code ATCP 134.09 requires a landlord to give a tenant at least 12 hours advance notice before entering the dwelling unit during the tenancy, and to enter only at a reasonable time, unless the tenant consents to a shorter period after being told of the proposed entry.

Late Fees Only if Stated in the Lease

Wis. Admin. Code ATCP 134.09(8) bars a landlord from charging a late rent fee or penalty unless the rental agreement specifically provides for one. Wisconsin sets no statutory cap on the fee amount and no mandatory grace period, but any partial payment must be applied to rent first, and no fee may be charged on an unpaid late fee.

Month-to-Month Notice and No Rent Control

Wis. Stat. Section 704.19 requires at least 28 days written notice to end or change the terms of a month-to-month tenancy, including a rent increase, unless rent is paid on a cycle shorter than monthly, in which case notice equal to that period is enough. Wisconsin has no rent control: Wis. Stat. Section 66.1015 preempts every city, village, town, and county from regulating residential rent.

Frequently Asked Questions

A Wisconsin residential lease should name the landlord and tenant, describe the rental address, set the rent, term, and security-deposit terms, and state the deposit's 21-day return timeline. It must also carry the disclosures Wisconsin requires: the landlord or agent's name and address, any known building-code violation threatening health or safety, and whether utilities are billed apart from rent (Wis. Admin. Code ATCP 134.04), plus the federal lead-based paint disclosure for pre-1978 housing.

Wisconsin sets no statutory dollar cap on a residential security deposit. Whatever amount the lease sets, Wis. Admin. Code ATCP 134.06(2) requires the landlord to return the full deposit, less lawful deductions, within 21 days after the tenant moves out, with a written itemized statement of anything withheld.

Yes. You can generate a Wisconsin residential lease agreement at no cost using this template, then customize the rent, term, and party details for your rental. Attorney review is available afterward as an optional add-on before you sign.

No. A Wisconsin residential lease agreement is a private contract between landlord and tenant and does not require notarization or witnesses to be valid. Both parties simply sign and keep a copy.

No, not for routine entry. Wis. Admin. Code ATCP 134.09 requires a landlord to give at least 12 hours advance notice and enter at a reasonable time, unless the tenant consents to shorter notice or a genuine emergency is involved.

Before signing or accepting a deposit, a Wisconsin landlord must disclose the name and address of the person authorized to collect rent, any known building-code violation posing a health or safety threat, and whether water, heat, or electricity is billed separately from rent (ATCP 134.04). The tenant is also entitled to a move-in inspection disclosing existing defects (ATCP 134.06(1)), and pre-1978 housing carries the federal lead-based paint disclosure.

At least 28 days written notice, under Wis. Stat. Section 704.19, unless rent is paid on a cycle shorter than monthly, in which case notice equal to that rent-paying period is enough. A rent increase on a month-to-month tenancy uses the same 28-day notice.

Only if the rental agreement specifically provides for one. Wis. Admin. Code ATCP 134.09(8) bars a late fee that is not written into the lease, requires any partial payment to go toward rent first, and prohibits charging a fee on an unpaid late fee. Wisconsin sets no dollar cap on the fee amount and no mandatory grace period.