Last reviewed September 2026
Written by LawLease Editorial
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Wisconsin Rent-to-Own Agreement
This Rent-to-Own Agreement is built with Wisconsin as the governing state. These are the Wisconsin landlord-tenant rules that most often bear on it, with the statute for each.
Wisconsin rules at a glance
| 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) |
| Rent-increase notice | No specific statute; for month-to-month, give at least the 28 days’ notice needed to end the tenancy |
| Rent control | Prohibited statewideWis. Stat. §66.1015 |
| 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)). |
| Month-to-month termination | 28 days’ written noticeWis. Stat. §704.19(3) |
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)).
Wisconsin Rent-to-Own 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)).
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)).
More Wisconsin landlord documents
- Wisconsin Residential Lease Agreement
- Wisconsin Eviction Notice
- Wisconsin Security Deposit Return Letter
- Wisconsin Rent Increase Notice
- Wisconsin Notice to Vacate
- Wisconsin Application Approval Letter
- Wisconsin Application Denial Letter
- Wisconsin Background & Credit Check Authorization
- Wisconsin Rental Application
- Wisconsin Co-Signer Guarantor Agreement
- Wisconsin Bed Bug Addendum
- Wisconsin Mold & Mildew Addendum
- Wisconsin No-Smoking Addendum
- Wisconsin Parking & Storage Addendum
- Wisconsin HOA & Community Rules Addendum
- Wisconsin Crime-Free Housing Addendum
- Wisconsin Utilities & Services Addendum
- Wisconsin Early Termination Addendum
- Wisconsin Lease Extension Addendum
- Wisconsin Lead-Based Paint Disclosure
- Wisconsin Military Clause (SCRA)
- Wisconsin Pet Addendum
- Wisconsin Cash for Keys Agreement
- Wisconsin Mutual Lease Termination Agreement
- Wisconsin Lease Renewal Agreement
- Wisconsin Notice of Non-Renewal
- Wisconsin Late Rent Notice
- Wisconsin Lease Violation Notice
- Wisconsin Notice of Entry
- Wisconsin Move-In / Move-Out Inspection Checklist
- Wisconsin Rent Receipt
- Wisconsin Rent Verification Letter
- Wisconsin Tenant Welcome Letter
- Wisconsin Property Management Agreement
- Wisconsin Commercial Lease
- Wisconsin Short-Term Rental Agreement
- Wisconsin Room Rental Agreement
- Wisconsin Roommate Agreement
- Wisconsin Spanish Lease Agreement
- Wisconsin Sublease Agreement
- Wisconsin Lease Amendment
Rent-to-Own Agreement in other states
- Alabama Rent-to-Own Agreement
- Alaska Rent-to-Own Agreement
- Arizona Rent-to-Own Agreement
- Arkansas Rent-to-Own Agreement
- California Rent-to-Own Agreement
- Colorado Rent-to-Own Agreement
- Connecticut Rent-to-Own Agreement
- Delaware Rent-to-Own Agreement
- Florida Rent-to-Own Agreement
- Georgia Rent-to-Own Agreement
- Hawaii Rent-to-Own Agreement
- Idaho Rent-to-Own Agreement
- Illinois Rent-to-Own Agreement
- Indiana Rent-to-Own Agreement
- Iowa Rent-to-Own Agreement
- Kansas Rent-to-Own Agreement
- Kentucky Rent-to-Own Agreement
- Louisiana Rent-to-Own Agreement
- Maine Rent-to-Own Agreement
- Maryland Rent-to-Own Agreement
- Massachusetts Rent-to-Own Agreement
- Michigan Rent-to-Own Agreement
- Minnesota Rent-to-Own Agreement
- Mississippi Rent-to-Own Agreement
- Missouri Rent-to-Own Agreement
- Montana Rent-to-Own Agreement
- Nebraska Rent-to-Own Agreement
- Nevada Rent-to-Own Agreement
- New Hampshire Rent-to-Own Agreement
- New Jersey Rent-to-Own Agreement
- New Mexico Rent-to-Own Agreement
- New York Rent-to-Own Agreement
- North Carolina Rent-to-Own Agreement
- North Dakota Rent-to-Own Agreement
- Ohio Rent-to-Own Agreement
- Oklahoma Rent-to-Own Agreement
- Oregon Rent-to-Own Agreement
- Pennsylvania Rent-to-Own Agreement
- Rhode Island Rent-to-Own Agreement
- South Carolina Rent-to-Own Agreement
- South Dakota Rent-to-Own Agreement
- Tennessee Rent-to-Own Agreement
- Texas Rent-to-Own Agreement
- Utah Rent-to-Own Agreement
- Vermont Rent-to-Own Agreement
- Virginia Rent-to-Own Agreement
- Washington Rent-to-Own Agreement
- West Virginia Rent-to-Own Agreement
- Wyoming Rent-to-Own Agreement
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