What are tenant rights in Wisconsin?

Wisconsin tenant rights are governed by Wis. Stat. Chapter 704 and Wis. Admin. Code ATCP 134. State preemption laws (2011 Act 108, 2013 Act 76, 2015 Act 176, 2017 Act 317) have weakened many local protections.

1. Security Deposit — No statutory cap. Under ATCP § 134.06, landlord must return within 21 days of move-out with itemized list of deductions. Failure may expose landlord to double damages plus attorney fees.

2. Habitability — Wis. Stat. § 704.07 requires landlords to keep premises in reasonable state of repair, maintain plumbing, electrical, heating, water, and structural systems, and comply with applicable codes. ATCP § 134.04 requires written disclosure of habitability defects before lease.

3. Tenant Remedies — § 704.07(4) allows rent reduction/abatement when landlord fails to repair. Limited self-help repair available; rent withholding requires court action.

4. Notice for Entry — § 704.05(2) requires 12 hours' advance notice for non-emergency entry.

5. Eviction Notice — § 704.17 requires a 5-day pay-or-cure notice for nonpayment of rent on month-to-month tenancies (5 days to pay or vacate). For tenants with year-long leases, repeat violations may trigger a 14-day notice without right to cure.

6. Termination of Month-to-Month — § 704.19 requires 28 days' notice by either party.

7. Rent Control — Prohibited by Wis. Stat. § 66.1015.

8. Discrimination — Wisconsin Open Housing Act (§ 106.50) prohibits discrimination on race, color, sex, sexual orientation, religion, national origin, ancestry, age, disability, marital status, lawful source of income (including Section 8), familial status, and military status.

9. Retaliation — § 704.45 prohibits retaliation for tenant complaints, organizing, or exercising legal rights, with damages and attorney fees.

This is legal information, not legal advice.