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

Renting out property in Wisconsin requires understanding specific state laws that govern landlord-tenant relationships, including security deposit limits, lease requirements, and maintenance obligations. Wisconsin landlords must comply with the Wisconsin Residential Landlord Tenant Act, which provides detailed regulations on everything from proper notice periods to eviction procedures.

Wisconsin law requires landlords to disclose certain information to tenants, including known defects and the presence of lead-based paint in properties built before 1978. Failure to comply with Wisconsin's rental laws can result in financial penalties and difficulty with eviction proceedings.

Key Considerations

Owners of Vacation or Short-Term Rentals

Scenarios

Decisions

Property Owners with Multiple Units

Scenarios

Decisions

First-time Landlords

Scenarios

Decisions

Relevant Laws

Wisconsin Residential Landlord-Tenant Law (Wis. Stat. Chapter 704)

This is the primary law governing residential rental agreements in Wisconsin. It covers essential aspects of the landlord-tenant relationship including lease requirements, security deposits, maintenance responsibilities, and termination procedures. As a landlord in Wisconsin, you must comply with these regulations to legally rent your property.

Wisconsin Administrative Code ATCP 134 (Residential Rental Practices)

These regulations provide specific rules for residential rental practices in Wisconsin, including disclosure requirements, security deposit handling, and prohibited practices. ATCP 134 requires landlords to disclose certain information to tenants before entering into rental agreements and sets strict timelines for security deposit returns.

Wisconsin Fair Housing Law (Wis. Stat. § 106.50)

This law prohibits discrimination in housing based on protected characteristics including race, color, sex, national origin, disability, religion, family status, marital status, sexual orientation, and more. As a landlord, you must ensure your tenant screening and rental practices comply with these anti-discrimination provisions.

Wisconsin Security Deposit Return Law (Wis. Admin. Code ATCP 134.06)

This regulation requires landlords to return security deposits within 21 days after a tenant vacates the premises. It also specifies what deductions are permissible and documentation requirements. Failure to comply can result in a tenant recovering twice the amount of the deposit wrongfully withheld.

Wisconsin Rental Unit Energy Efficiency Standards (Wis. Admin. Code SPS 367)

These standards establish minimum energy efficiency requirements for rental properties in Wisconsin. Before renting your property, you may need to ensure it meets these standards, which can include proper insulation, weatherstripping, and efficient heating systems.

Local Municipal Housing Codes

Many Wisconsin municipalities have additional housing codes and rental property registration requirements. Before renting your property, check with your local government to ensure compliance with city-specific regulations, which may include inspections, permits, or registration fees.

Regional Variances

Major Metropolitan Areas

Milwaukee has additional tenant protections through its local ordinances. Landlords must provide information about building code violations, and the city has specific lead paint disclosure requirements. Milwaukee also has a Residential Rental Inspection program in certain neighborhoods that requires regular property inspections.

Madison has some of the strongest tenant protections in Wisconsin. The city requires landlords to provide detailed information about property conditions and has strict rules about security deposit returns. Madison also prohibits housing discrimination based on source of income, which means landlords cannot refuse tenants who use housing vouchers or other assistance programs.

University Towns

Areas near UW-Madison have specific ordinances addressing student housing. Landlords must follow special lease timing rules, with most leases signed far in advance. The city also has stricter occupancy limits and noise ordinances in student-heavy neighborhoods.

Near UW-Eau Claire, the city has implemented specific rental inspection programs and occupancy restrictions. Landlords must obtain a residential rental license and undergo regular inspections to ensure properties meet safety standards.

Tourist Destinations

Door County has specific regulations for short-term vacation rentals. Property owners must obtain a Tourist Rooming House license from the state and a permit from the county. Additional regulations may apply regarding occupancy limits, parking, and noise restrictions.

Wisconsin Dells has unique zoning regulations for vacation rentals and timeshares. Property owners must comply with specific licensing requirements and tourist accommodation standards that differ from typical residential rental regulations.

Suggested Compliance Checklist

Understand Wisconsin Landlord-Tenant Laws

1 days after starting

Before renting your property, familiarize yourself with Wisconsin's landlord-tenant laws, particularly Wis. Stat. Chapter 704 and ATCP 134 (Wisconsin Administrative Code). These laws govern security deposits, lease requirements, maintenance responsibilities, and eviction procedures. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) website offers resources for landlords.

Prepare a Rental Application Form

3 days after starting

Create a rental application to screen potential tenants. Wisconsin law allows landlords to collect application fees and run credit/background checks. Ensure your application complies with fair housing laws and doesn't discriminate based on protected classes. Include sections for rental history, employment information, references, and authorization to conduct background checks.

Document: Rental Application Form

Create a Residential Lease Agreement

5 days after starting

Draft a comprehensive lease agreement that complies with Wisconsin law. Include terms regarding rent amount, due date, lease duration, security deposit, maintenance responsibilities, and other policies. Wisconsin requires specific disclosures in leases, including information about security deposits and any known building code violations.

Document: Residential Lease Agreement

Develop Landlord's Rules and Regulations

7 days after starting

Create a document outlining house rules that tenants must follow. This may include policies on noise, guests, smoking, pets, parking, and maintenance expectations. In Wisconsin, these rules must be reasonable and provided to tenants before they sign the lease. Any rule changes during tenancy require proper notice.

Document: Landlord's Rules and Regulations

Prepare a Lead-Based Paint Disclosure Form

9 days after starting

Federal law requires landlords of properties built before 1978 to disclose known information about lead-based paint hazards. You must provide tenants with an EPA-approved pamphlet on lead hazards and have them sign a disclosure form. Even if you don't know of any lead paint, the disclosure is still required for pre-1978 buildings.

Document: Lead-Based Paint Disclosure Form

Create a Move-In/Move-Out Inspection Checklist

11 days after starting

Develop a detailed checklist to document the property's condition at move-in and move-out. Wisconsin law requires landlords to give tenants an opportunity to inspect the premises and note any pre-existing damage. This documentation helps prevent disputes over security deposit deductions later.

Document: Move-In/Move-Out Inspection Checklist

Prepare a Security Deposit Receipt

13 days after starting

Wisconsin requires landlords to provide a receipt for security deposits. The receipt should include the amount, date received, and a statement of the tenant's right to inspect the premises. Security deposits in Wisconsin cannot exceed one month's rent, except in specific circumstances.

Document: Security Deposit Receipt

Create a Notice of Entry Form

15 days after starting

Prepare a form to notify tenants when you need to enter the property. Wisconsin law requires at least 12 hours' advance notice before entering a tenant's unit, except in emergencies. This form should include the date, time, and purpose of entry.

Document: Notice of Entry Form

Register with Local Authorities

20 days after starting

Check if your municipality requires rental property registration or licensing. Many Wisconsin cities have local ordinances requiring landlords to register their properties and pay fees. Some municipalities also require periodic inspections or have specific local rental regulations.

Obtain Proper Insurance Coverage

25 days after starting

Secure landlord insurance (also called rental property insurance) that covers the building, liability, and potentially lost rental income. Standard homeowner's insurance typically doesn't cover rental activities. Inform your insurance provider that you're renting the property to ensure proper coverage.

Set Up Tax Reporting Systems

30 days after starting

Establish a system to track rental income and expenses for tax purposes. Rental income must be reported on your tax return, but you can deduct many expenses including mortgage interest, property taxes, insurance, maintenance, and depreciation. Consider consulting with a tax professional familiar with rental property taxation.

Understand Security Deposit Requirements

32 days after starting

Familiarize yourself with Wisconsin's strict rules on security deposits. You must return the deposit within 21 days of tenant move-out, with an itemized statement of any deductions. Wisconsin prohibits deductions for normal wear and tear and requires deposits to be held in a separate account in some cases.

Learn Proper Eviction Procedures

35 days after starting

Understand Wisconsin's eviction process, which requires proper notice periods and court procedures. Self-help evictions (changing locks, removing belongings, etc.) are illegal. Different notice periods apply depending on the reason for eviction (5-day notice for non-payment, 14-day notice for lease violations, etc.).

Comply with Habitability Requirements

40 days after starting

Ensure your property meets Wisconsin's warranty of habitability standards. This includes providing adequate heat, hot water, electricity, plumbing, and maintaining structural elements. You must also comply with local building codes and promptly address repair requests that affect health and safety.

Install and Maintain Smoke and Carbon Monoxide Detectors

42 days after starting

Wisconsin law requires working smoke detectors on each level of the dwelling and in each sleeping area. Carbon monoxide detectors are required in most residential buildings with fuel-burning appliances. Landlords must maintain these safety devices in working order.

Frequently Asked Questions

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.

When renting to college students in Wisconsin, consider using co-signers (typically parents) to provide additional financial security. Be clear about joint and several liability if multiple students share a unit, meaning each tenant is responsible for the entire rent if roommates fail to pay. Many college towns like Madison have specific local ordinances affecting rentals, such as occupancy limits or special inspection requirements. Consider academic-year leases (August to May) rather than calendar-year leases, and be aware that first-time renters may need more guidance on tenant responsibilities.