Tenant Rights and Responsibilities in Wisconsin

As a tenant in Wisconsin, you have several important rights, including: the right to a habitable dwelling, protection against unlawful discrimination, proper notice before landlord entry (usually 12-24 hours except in emergencies), security deposit protections (must be returned within 21 days after move-out), and protection against retaliation. Wisconsin law (Wis. Stat. Ch. 704) and local ordinances outline these rights in detail. If your landlord violates these rights, you may have legal remedies including withholding rent in certain circumstances, breaking the lease, or seeking damages.

A Wisconsin rental agreement should include: names of all parties, property address, rental amount and due date, security deposit amount, lease term (start and end dates), utilities responsibility, pet policies, maintenance responsibilities, entry notice requirements, and any property-specific rules. Wisconsin law requires certain disclosures including lead-based paint (for pre-1978 buildings), known defects, and information about how security deposits are handled. Make sure to get everything in writing, even if verbal agreements are technically binding in some cases.

Wisconsin state law does not set a maximum limit on security deposits, allowing landlords to charge any amount they deem necessary. However, some municipalities like Madison have local ordinances limiting security deposits to one month's rent. When you move out, your landlord must return your security deposit within 21 days, along with an itemized statement of any deductions. They can only deduct for unpaid rent, damage beyond normal wear and tear, or other costs specified in your lease. If your landlord wrongfully withholds your deposit, you may be entitled to double damages plus court costs and attorney fees.

In Wisconsin, landlords must provide reasonable notice before entering your rental unit, which is typically considered to be at least 12-24 hours advance notice. They can only enter for legitimate purposes such as making repairs, showing the unit to prospective tenants, or inspections. In emergencies, landlords may enter without notice. If your landlord repeatedly enters without proper notice, this may constitute harassment. You can address this by documenting the incidents, sending a written request to respect your privacy rights, and if necessary, seeking legal assistance or filing a complaint with local housing authorities.

If you need repairs in your Wisconsin rental: 1) Notify your landlord in writing, keeping a copy for your records; 2) Give a reasonable timeframe for repairs; 3) If the issue makes the unit uninhabitable and the landlord fails to act, you may have the right to withhold rent, make the repair yourself and deduct the cost from rent, or in extreme cases, break the lease. Wisconsin law requires landlords to maintain premises in a habitable condition, including functioning heat, water, electricity, and structural integrity. For serious health or safety issues, contact your local building inspector if the landlord is unresponsive.

Wisconsin eviction procedures require landlords to: 1) Serve a proper written notice (5-day, 14-day, or 30-day depending on the reason); 2) File an eviction lawsuit if you don't comply with the notice; 3) Attend a court hearing where you can present your defense; 4) If the court rules in the landlord's favor, they'll issue a writ of restitution; 5) Only a sheriff can physically remove you from the property. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Wisconsin. If you receive an eviction notice, seek legal help immediately from Wisconsin Legal Action or another tenant advocacy organization.

In Wisconsin, landlords can raise the rent by any amount when your lease ends, as there are no state rent control laws. For month-to-month tenancies, landlords must provide at least 28 days' written notice before implementing a rent increase. During a fixed-term lease, rent cannot be increased unless the lease specifically allows for it. Some municipalities may have additional notice requirements. If you believe a rent increase is retaliatory (in response to you exercising your legal rights) or discriminatory, you may have grounds to challenge it. Document all communications regarding rent increases in writing.

As a Wisconsin tenant, your responsibilities include: paying rent on time, keeping the rental unit clean and in good condition, properly disposing of garbage, not damaging the property beyond normal wear and tear, not disturbing neighbors, complying with building and housing codes that apply to tenants, and following reasonable rules established in your lease agreement. You're also responsible for minor maintenance like changing light bulbs and batteries in smoke detectors. Failure to fulfill these responsibilities could result in eviction or loss of your security deposit.

Before moving into a Wisconsin rental: 1) Carefully read and understand your lease before signing; 2) Complete a detailed move-in checklist documenting the condition of the property with photos/videos; 3) Get all promises from the landlord in writing; 4) Verify who handles utilities and set them up in your name if needed; 5) Purchase renter's insurance (not legally required but highly recommended); 6) Check if the property complies with local housing codes; 7) Research if the landlord has a history of complaints; and 8) Make sure you understand Wisconsin tenant laws, particularly regarding security deposits, repairs, and privacy rights.