Wisconsin Residential Lease Agreement
What Wisconsin law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free Wisconsin lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other Wisconsin rules your lease has to live with
Beyond the deposit, Wisconsin law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Landlord entry. Wisconsin requires at least 12 hours’ notice before a non-emergency entry. — Wis. Admin. Code ATCP 134.09(2)(a)2. (implementing Wis. Stat. § 704.05(2); am. Register Dec. 1998 No. 516, eff. 1-1-99) ↗
- Late fees. No statutory cap on amount; late fee only if specifically provided in the rental agreement, prepayments must first be applied, and no fee for nonpayment of a late fee — Wis. Admin. Code ATCP 134.09(8) ↗
Each point links to the Wisconsin source it was taken from. Rules change; confirm before relying on them.
What Wisconsin law requires · as of 2026
- Max security deposit
- No statutory limit
- Deposit return deadline
- 21 days after move-out
- Notice to end month-to-month
- 28 days
Source: Wis. Stat. §704.28; Wis. Admin. Code ATCP 134.06 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 21 days after move-out? Ask for it in writing with a Wisconsin security deposit demand letter; if that doesn’t work, the usual next step is Wisconsin small claims court.
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Required disclosures in Wisconsin
What Wisconsin law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.
Identification of landlord or authorized agents
In writing at or before signing: name and address of person managing/collecting rent and of owner or agent for service of process (in-state address). Exempt: owner-occupied ≤4 units.
Source: Wis. Admin. Code ATCP 134.04(1)
Code violations and conditions affecting habitability
Before signing or taking deposit: disclose known uncorrected building/housing code violations threatening health/safety, and listed habitability defects (water, heat to 67°F, electrical, structural, plumbing, sewage).
Source: Wis. Admin. Code ATCP 134.04(2) (CR 14-038, eff. 11/1/2015)
Utility charges
Disclose before signing if water, heat or electricity are not included in rent, and the allocation basis if units are not separately metered.
Source: Wis. Admin. Code ATCP 134.04(3)
Security deposit check-in notice
Before accepting a deposit, written notice that tenant may inspect and report pre-existing damages and request the prior tenant's deduction list within ≥7 days of move-in.
Source: Wis. Admin. Code ATCP 134.06(1)
Frequently asked questions
How much security deposit can a landlord charge in Wisconsin?
Wisconsin does not set a statutory cap on the security deposit, so the amount is negotiable — but it must be returned within 21 days after you move out (as of 2026). Source: Wis. Stat. §704.28; Wis. Admin. Code ATCP 134.06.
Is this lease valid in Wisconsin?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in Wisconsin once both sides sign. What it cannot do is contract around Wisconsin law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
How much notice must a landlord give before entering a rental in Wisconsin?
Wisconsin requires at least 12 hours' notice for a non-emergency entry. Source: Wis. Admin. Code ATCP 134.09(2)(a)2. (implementing Wis. Stat. § 704.05(2); am. Register Dec. 1998 No. 516, eff. 1-1-99).
Can a landlord charge late fees in Wisconsin?
No statutory cap on amount; late fee only if specifically provided in the rental agreement, prepayments must first be applied, and no fee for nonpayment of a late fee Source: Wis. Admin. Code ATCP 134.09(8).
What does a landlord have to disclose in Wisconsin?
Under Wisconsin law: Identification of landlord or authorized agents (Wis. Admin. Code ATCP 134.04(1)); Code violations and conditions affecting habitability (Wis. Admin. Code ATCP 134.04(2) (CR 14-038, eff. 11/1/2015)); Utility charges (Wis. Admin. Code ATCP 134.04(3)); Security deposit check-in notice (Wis. Admin. Code ATCP 134.06(1)). Federal and local rules can add more; each item on this page links to the law it comes from.
How does Wisconsin compare? See the security deposit limits in all 50 states, every figure cited to statute.
How Wisconsin compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Wisconsin: Wis. Stat. §704.28; Wis. Admin. Code ATCP 134.06 ↗.
- Wisconsin is one of 22 of 51 jurisdictions that set no statutory cap on the security deposit (29 cap the deposit by statute).
- Deposit return deadline
Deposit return deadline: 21 days — below the national median of 30 days across the 51 states with a statutory rule.
Ranked #39 of 51 states (tied with 3) — higher means more time for the landlord to return the deposit.
3 other states use the same figure.
Deposit return deadline in neighboring states — Illinois (45 days), Iowa (30 days), Michigan (30 days), Minnesota (21 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 28 days — below the national median of 30 days across the 49 states with a statutory rule.
Ranked #42 of 49 states (tied with 1) — higher means a longer notice period.
1 other state uses the same figure.
Notice to end a month-to-month tenancy in neighboring states — Illinois (30 days), Iowa (30 days), Michigan (30 days), Minnesota (30 days). Wisconsin's 28 days is the shortest among its neighbors.
The rest of what Wisconsin requires
The figures below are Wisconsin's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Wisconsin page for that document.
- Notice for unpaid rent · as of 2026
- 5 days to pay or quit Wis. Stat. § 704.17(1p)/(2) (leases under 1 yr); § 704.19 ↗
- Notice to cure a lease violation · as of 2026
- 5 days Wis. Stat. § 704.17(1p)/(2) (leases under 1 yr); § 704.19 ↗
- Small claims limit · as of 2026
- $10,000 Wis. Stat. § 799.01 ↗
- Where you file · as of 2026
- Circuit Court (small claims procedure under Wis. Stat. ch. 799) · filing fee $94.50 total to commence a small claims action per the official wicourts.gov circuit court fee schedule ($22 clerk fee under Wis. Stat. § 814.62(3)(a) + $51 court support services surcharge + $21.50 justice information surcharge); base fee rises to $39 on Nov. 1, 2026 (2025 Wis. Act 179). Wis. Stat. § 799.01 ↗
- Rental application fee · as of July 2026
- Capped at $25 (credit report cost) Wisconsin Administrative Code ↗
- Bill of sale notarization · as of 2026
- Not required Wisconsin DOT / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization recommended Wis. Stat. §244.05 (form §244.61) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Wis. Stat. §§ 183.0102(13), 183.0105 ↗
- Recording a deed · as of 2026
- County Register of Deeds (Wis. Stat. §§ 706.05(1), 59.43) · no witnesses Wis. Stat. § 706.02 ↗
Lease agreement in other states
More Wisconsin legal forms
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