10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
Security deposit size: No statewide cap. Wis. Stat. § 704.28 limits what may be withheld from a deposit but sets no maximum deposit amount. (Wis. Stat. § 704.28, confirmed 2026-10). Returning the deposit: Within 21 days after the rental agreement terminates (if tenant vacates on the termination date); if the tenant leaves early, 21 days from termination or from the new tenant's move-in if re-rented sooner; if the tenant leaves after termination, 21 days from when the landlord learns the tenant vacated. Return the full deposit less amounts properly withheld, with a written accounting. (Wis. Stat. § 704.28(4), confirmed 2026-10).
How Wisconsin treats the landlord's core obligations
Late fees: No statewide cap and no mandatory grace period. A late fee may be charged only if specifically provided in the rental agreement; rent prepayments must first be applied; no fee may be charged for nonpayment of a late fee. (Wis. Admin. Code ATCP 134.09(8), confirmed 2026-10). Application fees: No general application-fee statute, but a landlord may charge a prospective tenant only the landlord's actual cost, up to $25, for a nationwide consumer credit report (must notify in advance and give a copy), and may not charge if the applicant supplies a report less than 30 days old; the same $25 actual-cost cap applies to background checks on out-of-state applicants. (Wis. Stat. § 704.085(1)(a)–(b), (2); Wis. Admin. Code ATCP 134.05(4), confirmed 2026-10).
Nonpayment notice: Month-to-month and leases of one year or less: 5-day pay-or-vacate notice. Month-to-month: landlord may instead give a 14-day unconditional vacate notice while rent is in default. Leases of one year or less: a 14-day unconditional notice is allowed for a second rent default within one year of a prior noticed default. Leases over one year: 30-day notice to pay or comply. (Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a), confirmed 2026-10). Rent increases: No Wisconsin statute sets a rent-increase notice period. For a month-to-month tenancy the only statutory lever is the § 704.19 termination notice (at least 28 days, effective at the end of a rental period), so a unilateral rent change is in practice served with that lead time; fixed-term leases hold rent for the term. (Wis. Stat. ch. 704 (§ 704.19), confirmed 2026-10). Ending a month-to-month tenancy: At least 28 days' notice to terminate a periodic (month-to-month) tenancy; if rent is payable on a basis less than monthly, notice equal to the rent-paying period suffices; agricultural year-to-year tenancies need 90 days. (Wis. Stat. § 704.19(3), confirmed 2026-10). Entry: At least 12 hours' advance notice and entry at reasonable times (unless the tenant consents to a shorter period); no notice needed if the tenant is absent and entry is reasonably necessary to preserve or protect the premises. (Wis. Admin. Code ATCP 134.09(2)(a)2.; Wis. Stat. § 704.05(2), confirmed 2026-10).
Wisconsin has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is not on file statewide, although cities and counties can add it. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation generally requires a state license: State real estate broker license required for property management for others — confirm with state commission.
Security deposits
What Wisconsin allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.
Security deposit limit
Source-confirmed 2026-10
No statewide cap. Wis. Stat. § 704.28 limits what may be withheld from a deposit but sets no maximum deposit amount.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.
Deposit return deadline
Source-confirmed 2026-10
Within 21 days after the rental agreement terminates (if tenant vacates on the termination date); if the tenant leaves early, 21 days from termination or from the new tenant's move-in if re-rented sooner; if the tenant leaves after termination, 21 days from when the landlord learns the tenant vacated. Return the full deposit less amounts properly withheld, with a written accounting.
“deliver or mail to a tenant the full amount of any security deposit paid by the tenant ... within 21 days after any of the following”
Excerpt from the cited source as read on the date shown.
ATCP 134.06 (DATCP rule) also governs; double damages for violations arise under Wis. Stat.
Reference value in Aptoria's compliance data: “21 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.
Separate pet deposit
Source-confirmed 2026-10
No statewide statute authorizing, prohibiting, or capping a separate pet deposit, and no statewide cap on security deposits. Any refundable pet deposit is part of the 'security deposit' (defined as the total of all payments and deposits given as security, ATCP 134.02(11)) and is subject to the withholding and 21-day return rules of § 704.28.
“the landlord may withhold from the full amount of the security deposit only amounts reasonably necessary to pay for any of the following:”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “Permitted”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.
Rent, late fees and application fees
The fees a Wisconsin lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.
Late fees
Source-confirmed 2026-10
No statewide cap and no mandatory grace period. A late fee may be charged only if specifically provided in the rental agreement; rent prepayments must first be applied; no fee may be charged for nonpayment of a late fee.
“No landlord may charge a late rent fee or late rent penalty to a tenant, except as specifically provided under the rental agreement.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “No statewide cap (reasonableness standard)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.
Application fee limit
Source-confirmed 2026-10
No general application-fee statute, but a landlord may charge a prospective tenant only the landlord's actual cost, up to $25, for a nationwide consumer credit report (must notify in advance and give a copy), and may not charge if the applicant supplies a report less than 30 days old; the same $25 actual-cost cap applies to background checks on out-of-state applicants.
“a landlord may require a prospective tenant to pay the landlord's actual cost, up to $25, to obtain a consumer credit report on the prospective tenant”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “$25”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.
Statewide rent regulation
Source-confirmed 2026-10
(b) Statewide prohibition of local rent control: no city, village, town or county may regulate the amount of rent or fees charged for a residential rental dwelling unit, except for units the public body owns/operates or regulates by agreement (§ 66.1015(2)). No statewide rent cap; a rent change on a month-to-month tenancy is made by 28-day notice under § 704.19(3).
“No city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit.”
Excerpt from the cited source as read on the date shown.
Section title: '66.1015 Municipal rent control, inclusionary zoning, prohibited.' Exceptions in (2)(a)–(b) cover rental agreements for units the municipality/housing authority/WHEDA owns or operates, and agreements with private persons regulating rent for a unit.
Reference value in Aptoria's compliance data: “No statewide rent regulation (check local ordinances)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.
Notices, rent increases and termination
How much written notice Wisconsin requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.
Rent-increase notice
Source-confirmed 2026-10
No Wisconsin statute sets a rent-increase notice period. For a month-to-month tenancy the only statutory lever is the § 704.19 termination notice (at least 28 days, effective at the end of a rental period), so a unilateral rent change is in practice served with that lead time; fixed-term leases hold rent for the term.
Absence confirmed against the ch. 704 section index and ATCP 134; a lease may set its own notice term.
Reference value in Aptoria's compliance data: “28 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.
Month-to-month termination notice
Source-confirmed 2026-10
At least 28 days' notice to terminate a periodic (month-to-month) tenancy; if rent is payable on a basis less than monthly, notice equal to the rent-paying period suffices; agricultural year-to-year tenancies need 90 days.
“Length of notice. At least 28 days' notice must be given except in the following cases”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “28 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.
Pay-or-quit notice
Source-confirmed 2026-10
Month-to-month and leases of one year or less: 5-day pay-or-vacate notice. Month-to-month: landlord may instead give a 14-day unconditional vacate notice while rent is in default. Leases of one year or less: a 14-day unconditional notice is allowed for a second rent default within one year of a prior noticed default. Leases over one year: 30-day notice to pay or comply.
“requiring the tenant to pay rent or vacate on or before a date at least 5 days after the giving of the notice and if the tenant fails to pay accordingly.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “5 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.
Landlord entry
When a Wisconsin landlord may enter an occupied unit and how much notice the tenant must receive.
Non-emergency entry notice
Source-confirmed 2026-10
At least 12 hours' advance notice and entry at reasonable times (unless the tenant consents to a shorter period); no notice needed if the tenant is absent and entry is reasonably necessary to preserve or protect the premises.
“Advance notice means at least 12 hours advance notice unless the tenant, upon being notified of the proposed entry, consents to a shorter time period.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “12 hours”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.
Payments, fair housing and licensing
Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed within card-network limits
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
No statewide protection on file
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
State real estate broker license required for property management for others — confirm with state commission.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.
Wisconsin next to its neighbors
Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
Federal and state disclosures Aptoria's lease workflow surfaces for Wisconsin. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
• Code violations on file
• Utility billing arrangements
Official sources
Primary sources a Wisconsin landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
How much can a landlord charge for a security deposit in Wisconsin?
No statewide cap. Wis. Stat. § 704.28 limits what may be withheld from a deposit but sets no maximum deposit amount. (Wis. Stat. § 704.28, confirmed 2026-10).
How long does a Wisconsin landlord have to return the security deposit?
Within 21 days after the rental agreement terminates (if tenant vacates on the termination date); if the tenant leaves early, 21 days from termination or from the new tenant's move-in if re-rented sooner; if the tenant leaves after termination, 21 days from when the landlord learns the tenant vacated. Return the full deposit less amounts properly withheld, with a written accounting. (Wis. Stat. § 704.28(4), confirmed 2026-10).
What is the maximum late fee in Wisconsin?
No statewide cap and no mandatory grace period. A late fee may be charged only if specifically provided in the rental agreement; rent prepayments must first be applied; no fee may be charged for nonpayment of a late fee. (Wis. Admin. Code ATCP 134.09(8), confirmed 2026-10).
How many days does a Wisconsin pay-or-quit notice give the tenant?
Month-to-month and leases of one year or less: 5-day pay-or-vacate notice. Month-to-month: landlord may instead give a 14-day unconditional vacate notice while rent is in default. Leases of one year or less: a 14-day unconditional notice is allowed for a second rent default within one year of a prior noticed default. Leases over one year: 30-day notice to pay or comply. (Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a), confirmed 2026-10).
How much notice must a Wisconsin landlord give before entering?
At least 12 hours' advance notice and entry at reasonable times (unless the tenant consents to a shorter period); no notice needed if the tenant is absent and entry is reasonably necessary to preserve or protect the premises. (Wis. Admin. Code ATCP 134.09(2)(a)2.; Wis. Stat. § 704.05(2), confirmed 2026-10).
How much notice is required to raise rent in Wisconsin?
No Wisconsin statute sets a rent-increase notice period. For a month-to-month tenancy the only statutory lever is the § 704.19 termination notice (at least 28 days, effective at the end of a rental period), so a unilateral rent change is in practice served with that lead time; fixed-term leases hold rent for the term. (Wis. Stat. ch. 704 (§ 704.19), confirmed 2026-10).
How much notice is required to end a month-to-month tenancy in Wisconsin?
At least 28 days' notice to terminate a periodic (month-to-month) tenancy; if rent is payable on a basis less than monthly, notice equal to the rent-paying period suffices; agricultural year-to-year tenancies need 90 days. (Wis. Stat. § 704.19(3), confirmed 2026-10).
Does Wisconsin have statewide rent control?
No statewide rent regulation is on file for Wisconsin. Local ordinances can still limit increases, so check the city or county where the unit sits before setting a renewal rent.
Is source of income a protected class in Wisconsin?
No statewide source-of-income protection is on file for Wisconsin, but cities and counties can adopt it. Check local law before refusing a voucher or benefit income, and apply any screening criteria consistently.
Can a Wisconsin landlord add a surcharge for paying rent by card?
Allowed within card-network limits. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.
How this page was verified
Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 3 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.