Wisconsin Rental Laws – An Overview of Landlord Tenant Rights in Milwaukee

Landlords and tenants in Wisconsin automatically obtain certain rights and responsibilities after establishing a lease. The lease could be made orally, in a written text, or if the landlord accepts a payment as rent.

As a landlord or investment property owner, it’s important to know the key basics of this law, especially if you’re self-managing your rental property. Among other things, you’ll know your rights and responsibilities, security deposit rules, lease termination requirements, and tenant eviction rules.

The following is a basic overview of the Wisconsin landlord-tenant laws.

Required Landlord Disclosures in Wisconsin

Landlords in Wisconsin must provide the following disclosures to tenants before signing of the lease.

Information on the use of lead-based paint. This disclosure only applies to landlords renting out homes built in 1978 or earlier.
Contact information of the person or entity tasked with the management of the property.
Any violations of the building codes that may have occurred in the past.
Any habitability issues that may be impacting the rental unit. For example, lack of running hot water.
If utilities aren’t part of the rent, you must disclose that info to the tenant.
A move-in checklist detailing the rental’s condition.
The tenant’s right to inspect the unit for any pre-existing damage.
A disclosure on protection accorded to domestic violence victims.

Rights & Responsibilities of Tenants in Wisconsin

The Wisconsin landlord-tenant laws accord tenants these rights. A right to:

Tenants have the right to live in a rental property that meets the state’s habitability standards, including safe and sanitary conditions.
Be provided with required disclosures, such as information on the property’s code violations, if applicable.
Have at least 12 hours’ advance notice before the landlord enters the rental unit, except in cases of emergency.
Be treated without discrimination based on protected characteristics, in accordance with Wisconsin’s fair housing laws.
Break the lease without penalty for legally justifiable reasons, such as entering active military duty under the Servicemembers Civil Relief Act (SCRA).
To receive their security deposit back, minus any allowable deductions, within 21 days after moving out and providing the landlord with a forwarding address.
Not be retaliated against for exercising legal rights, such as joining or forming a tenants’ union or filing a complaint with a government agency.
Be taken through a proper legal eviction process, which includes receiving appropriate notice and the opportunity to contest the eviction in court.

Tenant responsibilities in the state of Wisconsin include the following.

Tenants must take reasonable care of the rental property, including using provided amenities and facilities properly and avoiding damage.
Tenants are responsible for promptly reporting maintenance issues to the landlord and may be required to handle minor repairs that don’t require professional skills, as long as these responsibilities are clearly outlined in the lease.

Tenants are expected to maintain the unit’s cleanliness according to the standards set in the lease agreement, keeping the property in a condition that does not violate health or safety codes.
Tenants must avoid causing disturbances that could interfere with the peaceful enjoyment of other tenants or neighbors. This includes refraining from loud parties or excessive noise, particularly during quiet hours specified in the lease or by local ordinances.
Tenants are legally obligated to pay rent on time and adhere to all the terms and conditions specified in the lease agreement.

Landlord Rights & Responsibilities in Wisconsin

The state’s tenancy laws accord landlords the following rights. A right to:

Begin eviction proceedings against a tenant who has violated the lease, such as by failing to pay rent, causing damage, or engaging in illegal activities. Eviction must follow the legal process, including providing proper notice and obtaining a court order if necessary.
Draft a lease that includes policies and rules tenants must follow. However, the lease must comply with federal, state, and local laws, including fair housing regulations and habitability standards.
Charge tenants a security deposit. Landlords are also allowed to make deductions from it for unpaid rent, damages beyond normal wear and tear, or other breaches of the lease. The security deposit, minus allowable deductions, must be returned within 21 days after the tenant vacates the property.

Require tenants to pay rent and any other fees stipulated in the lease, such as late fees or charges for utilities.
To carry out essential tasks, such performing inspections or repairs, enter the rented property. But, unless there are emergencies, they have to give tenants at least 12 hours’ notice before entering.
Not renew a lease after the existing term has ended. They may choose to let the lease expire or offer a new lease with different terms.
Hold the tenant financially liable for the remaining rent or until a new tenant is found if a tenant breaks the lease early without a legally justifiable reason.
Raise the rent by any amount and as often as they wish, as Wisconsin does not have rent control laws. However, any rent increase must comply with the lease terms and cannot be discriminatory or retaliatory.

As for responsibilities, they include the following.

Landlords are required to ensure that the rental property meets the state’s habitability standards. This includes keeping the property safe, sanitary, and in good repair. Landlords must make necessary repairs within a reasonable timeframe after being notified of an issue by the tenant.
Landlords must treat tenants fairly and without discrimination based on protected characteristics such as race, color, religion, national origin, sex, disability, or familial status, in accordance with Wisconsin’s fair housing laws.

If a tenant abandons the unit or breaks the lease, landlords are required to make a reasonable effort to re-rent the unit to mitigate the tenant’s financial liability. This means actively trying to find a new tenant rather than simply holding the original tenant responsible for the remaining rent.
Landlords must provide proper notice when terminating a periodic lease (e.g., month-to-month lease). The notice period depends on the lease agreement and Wisconsin law, typically requiring at least 28 days’ notice for month-to-month leases.
Landlords can only make deductions from a tenant’s security deposit for reasons allowed under Wisconsin law, such as unpaid rent, damage beyond normal wear and tear, or other breaches of the lease. The remaining portion of the security deposit must be returned to the tenant within 21 days after they vacate the property.
Landlords are required to adhere to the legal eviction procedure in Wisconsin when evicting a tenant for lease violations. In the event that the tenant refuses to vacate the property, this comprises serving the appropriate notice, obtaining a court order, and filing for eviction.

An Overview of the Landlord-Tenant Laws in Wisconsin

Warranty of Habitability

Wisconsin requires landlords to offer rental properties that adhere to minimal requirements for habitability. This includes having hot and cold running water, functional smoke and carbon monoxide detectors, functioning plumbing and electrical systems, proper heating (at least 67°F in the winter), and taking care of any bug infestations.

For structures constructed prior to 1978, landlords are additionally required to abide with lead-based paint restrictions. Tenants may withhold rent, make repairs and deduct expenses, or end the lease if landlords do not complete the required repairs within a reasonable amount of time after being told.

Tenant Evictions

Tenant evictions must abide by the state’s laws. Firstly, to initiate the process, you must have a legitimate reason for eviction. Such as, the tenant’s failure to pay rent or abide by the terms of the lease agreement.

Next, you must serve the tenant with the appropriate eviction notice. If they don’t abide by its terms, you could proceed and file an eviction lawsuit.

Security Deposit Rules

If you collect a security deposit, you must adhere to state regulations. Only unpaid rent, damages exceeding reasonable wear and tear, and other lease violations are eligible for deductions.

The remaining deposit must be returned to the tenant within 21 days after they move out. For more details, refer to Wisconsin’s Administrative Code ATCP 134 and Statute § 704.28.

Rent Increases in Wisconsin

Wisconsin doesn’t have rent control laws. Local jurisdictions are also prohibited from enacting any rent control laws.

This means that you can raise rent by whatever amount. You can also do it as often as you choose. That said, be mindful not to overcharge tenants, as this can be counterproductive.

Conclusion

Your journey to becoming a successful landlord begins with understanding your obligations. Luckily, this article will help you do just that.

Contact Safe House Property Management to learn more about landlord-tenant law. We’re a trusted full-service property management company in Milwaukee. Get in touch to learn more!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.