Free Wisconsin Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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Wisconsin Residential Lease Agreement

A Wisconsin residential lease (also called a Wisconsin rental agreement) sets the rent, term and house rules for a home rental. A Wisconsin residential lease agreement is governed by Chapter 704 of the Wisconsin Statutes and by the Department of Agriculture, Trade and Consumer Protection’s residential rental rules, Wis. Admin. Code ch. ATCP 134. Wisconsin requires 28 days’ notice to end a month-to-month tenancy, 12 hours’ notice to enter, a 21-day deposit return, and a verbatim domestic-abuse notice in every lease — and a single prohibited clause can void the entire lease.

Wisconsin landlord–tenant law at a glance

Wisconsin residential lease law summary
Security deposit limit	No statutory cap
Deposit return	21 days, generally counted from the end of the rental agreement, with an itemized statementWis. Stat. §704.28(4)
Late fees	No dollar cap; may be charged only if written into the rental agreementATCP 134.09(8)
Rent-increase notice	No specific statute; for month-to-month, give at least the 28 days’ notice needed to end the tenancy
Landlord entry	At least 12 hours’ advance notice, unless the tenant agrees to lessATCP 134.09(2)
Month-to-month termination	28 days’ written noticeWis. Stat. §704.19(3)
Nonpayment eviction notice	5-day pay-or-vacate, or 14-day notice (30 days for leases over one year)Wis. Stat. §704.17
Rent control	Prohibited statewideWis. Stat. §66.1015

Security deposits in Wisconsin

Wisconsin places no cap on a security deposit. The rules on how it is documented, what can be withheld, and when it comes back are split between Wis. Stat. §704.28 and ATCP 134.06 — and a lease drafted from the statute alone will miss half of them.

Check-in — Before accepting a deposit, the landlord must tell the tenant in writing that they may inspect the unit and report pre-existing damage within at least 7 days after the tenancy starts, and may request the list of damages charged to the previous tenant’s deposit (ATCP 134.06(1)).
What can be withheld — Tenant damage, waste, or neglect beyond normal wear and tear; unpaid rent; unpaid utilities or municipal permit fees the landlord is liable for; and any other charge only if it appears in a separately signed “Nonstandard Rental Provisions” document (Wis. Stat. §704.28(1)–(2); ATCP 134.06(3)).
Return deadline — Within 21 days the landlord must deliver or mail the deposit, less lawful withholdings, with a written statement describing each item withheld. The clock starts on the lease’s termination date if the tenant leaves on time; if the tenant leaves early or is evicted, it starts on the termination date or, if the unit is re-rented sooner, the day the new tenancy begins (Wis. Stat. §704.28(4); ATCP 134.06(2), (4)).
Penalty — Wrongful withholding violates ATCP 134, and the tenant can sue for twice the amount wrongfully withheld plus costs and reasonable attorney’s fees (Wis. Stat. §100.20(5)).

Rent, late fees & rent increases

Late fees — No landlord may charge a late fee or penalty unless it is specifically provided for in the rental agreement (ATCP 134.09(8)). There is no statutory dollar or percentage cap, but a fee that is not a reasonable estimate of the landlord’s loss risks being struck as a penalty. Late fees can be taken from the deposit only if listed in the Nonstandard Rental Provisions document.
Rent increases — Wisconsin has no rent-increase notice statute. During a fixed-term lease rent can change only if the lease allows it; for a month-to-month tenancy, a change in rent is effectively a new tenancy term and should be given with at least the 28 days’ notice required to end the tenancy (Wis. Stat. §704.19(3)).
Rent control — Cities, villages, towns, and counties are barred from regulating the amount of rent or fees for private residential units (Wis. Stat. §66.1015).
Automatic renewal — A lease clause that renews automatically unless the tenant gives notice is enforceable only if the landlord reminds the tenant in writing 15 to 30 days before the tenant’s notice deadline (Wis. Stat. §704.15; ATCP 134.09(3)).

Landlord entry & access

By statute, a Wisconsin landlord may enter on advance notice and at reasonable times to inspect, make repairs, or show the unit to prospective tenants or buyers; if the tenant is absent and the landlord reasonably believes entry is necessary to protect the premises, no notice is required (Wis. Stat. §704.05(2)).

ATCP 134.09(2) defines “advance notice” as at least 12 hours, unless the tenant agrees to a shorter time after being told of the proposed entry. No notice is needed if the tenant requests or consents in advance to the entry, in a health or safety emergency, or when the tenant is absent and entry is necessary to protect the premises. On entering, the landlord must announce their presence and identify themselves on request.

Ending a Wisconsin tenancy

Either side ends a month-to-month tenancy with at least 28 days’ written notice — not 30 (Wis. Stat. §704.19(3)). A fixed-term lease ends on its date. Eviction for nonpayment or a breach depends on the type of tenancy.

Notice to end a Wisconsin tenancy for nonpayment of rent (Wis. Stat. §704.17)
Month-to-month	5-day pay-or-vacate, or 14-day notice to vacate while in default
Lease of one year or less	5-day pay-or-vacate; 14-day notice for a repeat default within one year
Lease of more than one year	30-day pay-or-vacate

Other breaches — For a lease violation other than rent, the landlord generally gives a 5-day notice to cure or vacate, with a 14-day no-cure notice for a repeat breach within a year (month-to-month tenancies may instead use a 14-day notice), and 30 days for leases over one year (Wis. Stat. §704.17).
Domestic abuse — A tenant who is a victim of domestic abuse, sexual assault, or stalking may terminate the tenancy in the limited situations and with the documentation set out in Wis. Stat. §704.16.
Military — Servicemembers with qualifying orders may terminate under the federal Servicemembers Civil Relief Act (50 U.S.C. §3955).

Required disclosures in Wisconsin

Domestic-abuse notice — Every residential rental agreement must include, in the lease or an addendum, the “Notice of Domestic Abuse Protections” in the exact statutory wording (Wis. Stat. §704.14). Leaving it out can void the whole lease if the lease also allows termination for criminal activity (Wis. Stat. §704.44(10)).
Code violations — Before signing or accepting earnest money or a deposit, the landlord must disclose known uncorrected building or housing code violations that affect the unit or common areas and pose a significant threat to health or safety (ATCP 134.04(2)).
Utility charges — If heat, water, or electricity isn’t included in rent, that must be disclosed in advance — along with the allocation method if units aren’t separately metered (ATCP 134.04(3)).
Owner & manager — The name and address of the person managing the unit and of the owner or agent authorized to accept service of process, at an in-state address (ATCP 134.04(1)).
Check-in rights — Written notice of the tenant’s 7-day right to report pre-existing damage and request the prior tenant’s damage list (ATCP 134.06(1)).
Nonstandard rental provisions — Any deposit deduction beyond the standard categories must be on a separate document titled “NONSTANDARD RENTAL PROVISIONS” that the tenant signs or initials (Wis. Stat. §704.28(2)).
Lead-based paint — Federal warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).

Habitability & repairs

A Wisconsin landlord must keep the premises in a reasonable state of repair — including the parts of the premises under the landlord’s control, any equipment for heat, water, or air conditioning the landlord has agreed to supply, and plumbing and electrical systems — and must comply with local housing codes (Wis. Stat. §704.07(2)). The tenant is responsible for damage they cause.

If the premises become untenantable because of damage the tenant didn’t cause, or a condition hazardous to health, the tenant may move out unless the landlord promptly makes repairs; rent abates to the extent the tenant is deprived of full normal use (Wis. Stat. §704.07(4)).

Tenant protections you can’t waive

Void leases — A residential lease is void and unenforceable in its entirety if it allows eviction without court process, accelerates rent or waives the landlord’s duty to mitigate damages, makes the tenant pay the landlord’s attorney’s fees, waives the landlord’s habitability or repair duties, or penalizes a tenant for contacting police, health, or safety services, among other listed terms (Wis. Stat. §704.44; ATCP 134.08).
The domestic-abuse notice trap — A lease that lets the landlord terminate for a crime committed in relation to the property is also void unless it contains the §704.14 notice (Wis. Stat. §704.44(10)). Ordinary clauses about unlawful activity on the premises can be read as such a term, so the safest course is to include the notice in every Wisconsin lease — as §704.14 requires anyway.
Repair duties — Any agreement to waive the landlord’s repair and maintenance duties is void (Wis. Stat. §704.07(1)).
No retaliation — A landlord can’t raise rent, reduce services, or evict because a tenant reported a code violation, joined a tenant organization, or asserted legal rights (Wis. Stat. §704.45).
No self-help eviction — A landlord may not exclude, forcibly evict, or constructively evict a tenant — such as by a lockout or cutting off utilities; possession is recovered only through the ch. 799 eviction procedure (ATCP 134.09(7)).

Wisconsin lease agreement FAQs

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

Wisconsin sets no maximum deposit. What it regulates is the check-in process, the categories that can be withheld, and the 21-day return deadline (Wis. Stat. §704.28; ATCP 134.06).

How long does a landlord have to return a security deposit in Wisconsin?

21 days, with an itemized statement of anything withheld. If the tenant leaves when the lease ends, the 21 days run from the termination date; if the tenant leaves early, they run from the termination date or from the start of a new tenant’s lease if the unit is re-rented sooner (Wis. Stat. §704.28(4)). Wrongful withholding can cost double the amount withheld plus attorney’s fees (Wis. Stat. §100.20(5)).

Can a Wisconsin landlord charge a late fee?

Only if the late fee is written into the rental agreement (ATCP 134.09(8)). There is no statutory cap, but the fee should be a reasonable estimate of the landlord’s cost. To deduct unpaid late fees from the deposit, they must be listed in a signed Nonstandard Rental Provisions document (Wis. Stat. §704.28(2)).

How much notice does a Wisconsin landlord need to enter?

At least 12 hours’ advance notice, at reasonable times, unless the tenant agrees to a shorter time (ATCP 134.09(2)). Entry without that notice is allowed only if the tenant requests or consents in advance, in a health or safety emergency, or when the tenant is absent and the landlord reasonably believes entry is necessary to protect the premises from damage (ATCP 134.09(2); Wis. Stat. §704.05(2)).

How much notice is required to end a month-to-month lease in Wisconsin?

At least 28 days’ written notice from either side — not 30 (Wis. Stat. §704.19(3)).

What is the eviction notice for unpaid rent in Wisconsin?

For a month-to-month tenant, a 5-day notice to pay or vacate or a 14-day notice to vacate. For a lease of one year or less, a 5-day pay-or-vacate notice, or a 14-day notice for a repeat default within a year. For a lease longer than one year, a 30-day notice (Wis. Stat. §704.17).

Does a Wisconsin lease need to be notarized?

No. A lease is enforceable once signed. A lease for more than one year must be in writing (Wis. Stat. §704.03), and every residential lease must include the statutory domestic-abuse notice (Wis. Stat. §704.14).

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