Renting Out Your Property in Wisconsin: A Landlord's Guide

In Wisconsin, a valid lease agreement should include the names of all parties, property address, lease term, rent amount and due date, security deposit details, maintenance responsibilities, and rules regarding entry notice. While oral leases can be legally binding for terms less than one year, written leases are strongly recommended to prevent disputes. Wisconsin law requires landlords to provide a copy of the lease to tenants and disclose any known defects in the property.

Wisconsin does not have a statutory limit on security deposit amounts, so landlords can technically charge any amount. However, market standards typically range from one to two months' rent. You must return the security deposit within 21 days after the tenant vacates the property, along with an itemized statement of any deductions. If you fail to return the deposit or provide the statement within this timeframe, tenants may be entitled to double damages plus court costs and reasonable attorney fees.

In Wisconsin, landlords must provide at least 12 hours' advance notice before entering a tenant's unit for non-emergency matters such as repairs, inspections, or showing the property. Entry should be at reasonable times. For emergencies that threaten health, safety, or property damage, you may enter without notice. It's best practice to include entry provisions in your lease agreement. Repeatedly entering without proper notice could be considered harassment and a violation of the tenant's right to quiet enjoyment.

Wisconsin landlords must provide several disclosures, including: lead-based paint hazards for properties built before 1978 (federal requirement), known defects that would present a significant health or safety risk, information about any shared utility arrangements, and the name and address of the person authorized to receive legal notices, collect rent, and manage the premises. Additionally, you must disclose if the property has flooding issues that occurred in the past five years.

Wisconsin evictions require following specific legal procedures. First, serve a proper written notice (5-day, 14-day, or 30-day depending on the situation). If the tenant doesn't comply, file an eviction action (summons and complaint) with the court. After winning a judgment, you must wait for the court to issue a writ of restitution, which the sheriff will execute. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Wisconsin and can result in penalties. The entire legal eviction process typically takes 3-8 weeks.

You can deny rental applications in Wisconsin for legitimate business reasons such as poor credit history, insufficient income, negative references from previous landlords, or criminal history that poses a direct threat to property or other tenants. However, you cannot discriminate based on protected classes under federal and Wisconsin fair housing laws, which include race, color, national origin, religion, sex, familial status, disability, marital status, lawful source of income, sexual orientation, age, or ancestry. Maintain consistent screening criteria for all applicants to avoid discrimination claims.

Wisconsin landlords must maintain premises in a reasonable state of repair and comply with local housing codes. Specific responsibilities include keeping heating, plumbing, electrical systems, and appliances in good working order; maintaining common areas; providing adequate garbage receptacles; and making structural repairs. You must also comply with the implied warranty of habitability, ensuring the property is fit for human habitation. Tenants must notify you of needed repairs, and you must address serious defects within a reasonable timeframe, typically 24-48 hours for emergencies.

For fixed-term leases, you cannot increase rent during the lease period unless the lease specifically allows for it. For month-to-month tenancies, you can increase rent with proper written notice (typically 28 days in Wisconsin). There are no rent control laws in Wisconsin limiting how much you can increase rent, but excessive increases could potentially be challenged as retaliatory if they follow tenant complaints about conditions or exercise of legal rights. Always provide rent increase notices in writing and maintain documentation.

You must return a tenant's security deposit within 21 days after they vacate the property. If you withhold any portion, you must provide a written, itemized statement explaining the deductions. Valid deductions include unpaid rent, damage beyond normal wear and tear, and other breaches of the rental agreement. You cannot deduct for routine cleaning or normal wear and tear. If you fail to return the deposit or provide the itemized statement within 21 days, the tenant may sue for double the amount wrongfully withheld, plus court costs and reasonable attorney fees.