Wisconsin landlord-tenant laws.
Notable Wisconsin quirk
Deposits have no cap and a 21-day return clock (§ 704.28), but ATCP 134 supplies the teeth: violating its deposit, disclosure, entry, or late-fee rules exposes a landlord to double damages plus attorney fees under § 100.20(5).
Wisconsin landlord law FAQ
How long do I have to return a security deposit in Wisconsin?
21 days after the tenancy ends or the tenant surrenders the premises, whichever is earliest (§ 704.28(1)), with a written statement accounting for all amounts withheld (ATCP 134.06(4)). Wrongful withholding is an ATCP 134 violation — double damages plus attorney fees under § 100.20(5).
Is there a cap on security deposits in Wisconsin?
No — § 704.28 sets no maximum. But before accepting one you must give the tenant at least 7 days to inspect and report preexisting defects and, on request, a list of what you charged the prior tenant's deposit (ATCP 134.06(1)), plus a check-in sheet at occupancy (§ 704.08). You may never withhold for normal wear and tear (§ 704.28(3)).
Can I charge a late fee in Wisconsin?
Only if the rental agreement specifically provides for it (ATCP 134.09(8)) — there is no statutory cap. You must first apply any rent prepayments to the balance, and you may not charge a fee for late payment of a late fee. There is no grace period: a 5-day pay-or-vacate notice can be served as soon as rent is unpaid (§ 704.17).
How much notice before entering a rental in Wisconsin?
At least 12 hours' advance notice, unless the tenant consents to less, and entry only at reasonable times (ATCP 134.09(2); § 704.05(2)). Exceptions: a health or safety emergency, tenant-requested entry, or protecting the premises from damage while the tenant is absent.
What happens if a landlord violates ATCP 134 in Wisconsin?
The tenant can sue and recover twice their pecuniary loss, plus costs and reasonable attorney fees (§ 100.20(5)) — ATCP 134 is an order issued under § 100.20(2). This covers the deposit, disclosure, entry, and late-fee rules, which is why Wisconsin deposit mistakes are unusually expensive.
How much can a landlord charge for late rent in Wisconsin?
No cap — allowed only if specifically provided in the rental agreement. Grace period: None statutory — rent is due on the lease date; a 5-day pay-or-vacate notice can follow immediately (§ 704.17). Late fee terms should always be written into the lease.
What is the security deposit limit in Wisconsin?
No cap. The deposit must be returned within 21 days after move-out.
How much notice does a landlord need to enter a rental in Wisconsin?
12 hours.
Is there rent control in Wisconsin?
Prohibited.
Sources
Summarized from public statutes, state bar guides, and provincial residential tenancy acts. Last reviewed 2026-07-17. Deposit statute: Wis. Stat. § 704.28 + Wis. Admin. Code ATCP 134.06. Late fee statute: Wis. Admin. Code ATCP 134.09(8) (no cap — allowed only if specifically provided in the rental agreement).
- Wis. Stat. § 704.28 (security deposits)
- Wis. Admin. Code ATCP 134.06 (deposit rules)
- Wis. Admin. Code ATCP 134.09 (entry & late fees)
- Wis. Stat. § 100.20(5) (double damages + attorney fees)
- Wis. Stat. § 799.01 (small claims)
This page is general information, not legal advice. Consult a local attorney for your specific situation.