What Wisconsin landlord-tenant law covers
Wisconsin landlord law for apartments sits in two places. Chapter 704 of the Wisconsin Statutes sets the rules on notices, deposits and entry, and chapter 799 sets the small claims procedure used for evictions. The Department of Agriculture, Trade and Consumer Protection adds rules in chapter ATCP 134 of the Administrative Code covering disclosures, deposits, entry and fees.
The two sets of rules overlap. A practice can be legal under chapter 704 and still violate ATCP 134, so check both before you change a lease form or keep part of a deposit.
Wisconsin landlord-tenant rules at a glance
The table summarizes the rules apartment owners use most, as of October 2026.
| Rule | Wisconsin requirement | Where it comes from |
|---|---|---|
| Ending a month-to-month tenancy | At least 28 days’ notice | Wis. Stat. 704.19 |
| Nonpayment, month-to-month | 5-day notice to pay or vacate, or 14-day notice to vacate | Wis. Stat. 704.17(1p) |
| Nonpayment, lease of one year or less | 5-day notice to pay or vacate; 14-day notice for a repeat default within one year | Wis. Stat. 704.17(2) |
| Nonpayment, lease over one year | 30-day notice to pay or comply | Wis. Stat. 704.17(3) |
| Security deposit cap | No maximum amount set in the statute or rule | Wis. Stat. 704.28; ATCP 134.06 |
| Deposit return | Within 21 days, with a written accounting of anything withheld | Wis. Stat. 704.28; ATCP 134.06 |
| Late fees | Only if the rental agreement provides for them | ATCP 134.09(8) |
| Entry | At least 12 hours’ advance notice, at reasonable times | ATCP 134.09(2); Wis. Stat. 704.05(2) |
| Rent control | Cities, villages, towns and counties may not regulate rent | Wis. Stat. 66.1015 |
How much notice does a landlord have to give in Wisconsin?
To end a month-to-month tenancy in Wisconsin, a landlord must give at least 28 days’ notice under section 704.19. When rent is paid more often than monthly, such as weekly, notice equal to the rent period is enough.
A fixed-term lease generally runs to its end date, and the rules for ending it early depend on the breach. Notices must be in writing and delivered in one of the ways section 704.21 allows, so keep proof of how and when each notice was served.
Notices for nonpayment of rent
Wisconsin’s nonpayment notices are short, and which one you use depends on the tenancy. For a month-to-month or week-to-week tenant, the landlord can give a 5-day notice to pay or vacate. If the tenant does not pay, the tenancy ends. The landlord may instead give a 14-day notice to vacate while the tenant is in default.
For a lease of one year or less, the first default gets a 5-day notice to pay or vacate. If the tenant pays but defaults again within one year of the earlier default, the landlord can give a 14-day notice to vacate. For a lease longer than a year, the landlord must give a 30-day notice, and the tenant can stop the termination by paying all overdue rent by the date in the notice.
Under section 704.17(1g), rent for these notices includes past-due rent and late fees on that rent.
Security deposits in Wisconsin
Wisconsin sets no maximum security deposit. Neither section 704.28 nor ATCP 134.06 limits the amount a landlord may collect, so it is a matter for the lease and the market. Before accepting a deposit, ATCP 134.06(1) requires the landlord to tell the tenant in writing that the tenant may inspect the unit and report existing damage, and may ask for a list of damages charged to the prior tenant’s deposit, by a deadline at least 7 days after move-in.
A Wisconsin landlord must return the security deposit within 21 days, less only amounts the law allows. The 21 days run from the date the rental agreement ends if the tenant leaves then, from an earlier re-rental date if the tenant leaves early and the unit is rented again, or from the date the landlord learns the tenant has moved out or been removed if the tenant leaves late.
Deductions are limited to tenant damage, waste or neglect, unpaid rent, unpaid utility charges the tenant owed under the agreement, certain government utility and municipal permit charges the landlord became liable for, and other payments allowed by a nonstandard provision. Normal wear and tear cannot be charged.
A nonstandard provision only counts if it is in a separate document titled NONSTANDARD RENTAL PROVISIONS that the tenant saw before signing. If you withhold anything, ATCP 134.06 requires a written statement that accounts for every amount withheld and describes each item of damage or other claim, delivered within the same 21 days.
Late fees and landlord entry
A Wisconsin landlord may charge a late rent fee only if the rental agreement provides for it, under ATCP 134.09(8). Before charging one, the landlord must apply any rent prepayments the tenant has made, and no fee or penalty may be charged for failing to pay a late fee.
To enter a unit during a tenancy, the landlord must give advance notice and enter at reasonable times. ATCP 134.09(2) defines advance notice as at least 12 hours, unless the tenant agrees to a shorter period. Entry without notice is allowed when the tenant asks for it, in a health or safety emergency, or when the tenant is away and entry is needed to protect the premises. Section 704.05(2) lets the landlord enter to inspect, repair and show the unit to prospective tenants or buyers, which covers buyer tours during a sale.
The Wisconsin eviction process and timeline
A Wisconsin eviction is a small claims case under chapter 799 of the statutes, filed in circuit court after the notice period ends without the tenant paying or leaving.
For a tenant who lives in Wisconsin, the summons must set a return date not less than 5 days nor more than 25 days from the date it is issued, and it must be served at least 5 days before the return date. If the court finds for the landlord, it orders judgment for restitution of the premises and a writ of restitution. In cases of hardship, the court can stay the writ for up to 30 days from the judgment, on condition that the tenant pays unpaid rent and the value of occupancy during the stay.
A writ received by the sheriff more than 30 days after it was issued cannot be executed, and the sheriff must execute a writ within 10 days of receiving it. In a fast nonpayment case, the minimums add up to roughly three weeks: 5 days of notice, at least 5 days to the return date, then up to 10 days for the sheriff once the writ arrives. Contested cases, hardship stays and court calendars make it longer.
- Serve the correct notice: 5, 14, 28 or 30 days depending on the tenancy and the reason.
- File the summons and complaint in small claims court; the return date is 5 to 25 days after issue.
- Serve the tenant at least 5 days before the return date.
- Obtain judgment and the writ of restitution; the court may stay it up to 30 days for hardship.
- Deliver the writ to the sheriff within 30 days of issue; the sheriff executes within 10 days of receipt.
Does Wisconsin have rent control?
No. Section 66.1015(1) of the Wisconsin Statutes says no city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit. Milwaukee, Madison and every other local government are bound by it.
The only exceptions let a government body or housing authority, or the Wisconsin Housing and Economic Development Authority, set rent limits through an agreement covering a unit it owns or operates, or through an agreement with a private owner. If your building has that kind of agreement, its rent limits come from the agreement itself, so read how it treats a sale and give the buyer a copy early.
What happens to tenants and deposits when you sell
Existing tenancies generally continue after a sale, and the buyer steps into the landlord’s position under the leases. Section 704.09 says a landlord’s interest may be transferred unless the lease expressly restricts it, and lease terms that are not personal to the original parties can be enforced by and against successors in interest. The buyer is liable only for breaches that occur while it owns the building, unless it agrees to more, and under section 704.09(2) the transfer does not release the seller from its own lease obligations without an express release or a lease term saying otherwise. Confirm with your attorney how any lease in your building treats a sale, since an unusual clause can change the picture.
ATCP 134.04 requires a landlord to disclose in writing the name and address of the person who manages the property and collects rent, and of the owner or another person authorized to accept legal papers at a Wisconsin address. When those change, written notice must go to tenants within 10 business days. A sale changes both, so build the tenant notice into your closing checklist. The rule does not apply to an owner-occupied building with four or fewer units.
Transfer each deposit to the buyer at closing with a schedule showing the amount held for every unit. Expect a buyer to ask for clean deposit records, since a missing or disputed deposit becomes their problem at move-out.
- A rent roll with deposits held for each unit.
- Copies of leases and any NONSTANDARD RENTAL PROVISIONS documents.
- Copies of any 5-, 14-, 28- or 30-day notices served and pending small claims cases.
- Any rent agreement with a government body or housing authority.
Wisconsin landlord-tenant law changes in 2025 and 2026
In the current statute text we reviewed, we found no 2025 or 2026 change to the core rules on this page. The deposit statute, section 704.28, was last amended by 2013 Wisconsin Act 76, and the notice periods in sections 704.17 and 704.19 are as shown in the current statutes.
The change most likely to affect a seller in this period is on the tax side: the 2025 state budget, 2025 Wisconsin Act 15, appears in the history of the income tax rate statute. Our page on Wisconsin capital gains tax on real estate covers the current brackets.
Selling a Wisconsin apartment building with tenants
Skyline buys apartment buildings with five or more units in Wisconsin, occupied and as-is. We buy directly, close on your timeline, and can work inside 1031 deadlines. You don’t need to clear units or finish an eviction before we make an offer, and we handle the tenant notices that come with a change of ownership.
For the carrying costs a buyer looks at, see the property tax rate in Wisconsin, and if you plan to reinvest, the 1031 exchange in Wisconsin.
