Laws by state / Wisconsin

Wisconsin landlord and tenant rules

The figures that decide most disputes between Wisconsin landlords and tenants, each with a calculator and the statute behind it.

Verified against the statutes 2026-10-22By RentByState Research
RuleWisconsinStatuteTool
Maximum security depositNo statutory limitWis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06Deposit rules
Deposit return deadlineFull deposit less itemized withholdings delivered or mailed within 21 days after the tenant surrenders the premises (or, if the tenant vacates before the lease ends, within 21 days after the lease ends or a new tenant moves in)Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06Deposit rules
Interest on the depositNot requiredWis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06
Maximum late feeNo statutory capWis. Stat. ch. 704 (no late-fee provision)Late fee calculator
Landlord notice, month-to-month28 daysWis. Stat. § 704.19(3); § 704.17(1p)(a), (2)(a)Notice calculator
Tenant notice, month-to-month28 daysWis. Stat. § 704.19(3); § 704.17(1p)(a), (2)(a)Notice calculator
Rent increase noticeNo statuteWis. Stat. § 704.19(3); § 704.17(1p)(a), (2)(a)Notice calculator
Pay-or-quit notice5 daysWis. Stat. § 704.19(3); § 704.17(1p)(a), (2)(a)Notice calculator
Rent increase capNone statewide

Security deposits in Wisconsin

Wisconsin sets no statutory limit on the size of a security deposit. The deposit must be returned full deposit less itemized withholdings delivered or mailed within 21 days after the tenant surrenders the premises (or, if the tenant vacates before the lease ends, within 21 days after the lease ends or a new tenant moves in). No interest is owed on the deposit under state law. Withholding for normal wear and tear is prohibited; nonstandard withholding provisions must be in a separate signed document. Violations are unfair trade practices allowing double damages and fees (§ 100.20). Text read via Wayback copy of the official docs.legis.wisconsin.gov page (2023-24 statutes current through 2025 Act 103, published 2026-04-03). Full deposit rules and move-out checklist.

Late fees in Wisconsin

Wisconsin sets no statutory cap on late fees. The amount is whatever the lease says, subject to the general rule that it must not be an unconscionable penalty. There is no statutory grace period, so the lease controls when the fee starts. Calculate the maximum fee.

Notice periods in Wisconsin

A Wisconsin landlord must give 28 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. There is no separate statutory notice period for rent increases; the month-to-month termination notice is the practical minimum. For nonpayment, the landlord must serve a 5-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.

Sources

Frequently asked questions

How much can a landlord charge for a security deposit in Wisconsin?

There is no statutory cap in Wisconsin; the market and the lease decide. Withholding for normal wear and tear is prohibited; nonstandard withholding provisions must be in a separate signed document. Violations are unfair trade practices allowing double damages and fees (§ 100.20). Text read via Wayback copy of the official docs.legis.wisconsin.gov page (2023-24 statutes current through 2025 Act 103, published 2026-04-03).

What is the maximum late fee for rent in Wisconsin?

There is no statutory maximum in Wisconsin. No statutory cap or grace period for residential late fees in Wisconsin; the lease controls (ATCP 134 requires fees to be disclosed in the rental agreement). The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.

How much notice does a landlord have to give a tenant to move out in Wisconsin?

28 days’ written notice for a month-to-month tenancy. At least 28 days' written notice by either party for month-to-month (notice equal to the rent period if rent is paid more often than monthly; 90 days for agricultural year-to-year) Nonpayment: 5-day notice to pay or vacate for month-to-month tenants and leases of one year or less; a landlord may instead give a month-to-month tenant a 14-day unconditional notice to vacate, and a repeat default within a year under a lease of one year or less allows a 14-day notice.

How long is a pay-or-quit notice in Wisconsin?

5 days. The tenant can stop the eviction by paying the full amount within that time.

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