Last reviewed September 2026
Written by LawLease Editorial
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Wisconsin Room Rental Agreement
This Room Rental 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) |
| Landlord entry | At least 12 hours’ advance notice, unless the tenant agrees to lessATCP 134.09(2) |
| Late fees | No dollar cap; may be charged only if written into the rental agreementATCP 134.09(8) |
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.
Wisconsin Room Rental 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)).
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 Rent-to-Own Agreement
- Wisconsin Short-Term Rental Agreement
- Wisconsin Roommate Agreement
- Wisconsin Spanish Lease Agreement
- Wisconsin Sublease Agreement
- Wisconsin Lease Amendment
Room Rental Agreement in other states
- Alabama Room Rental Agreement
- Alaska Room Rental Agreement
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- Arkansas Room Rental Agreement
- California Room Rental Agreement
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- Connecticut Room Rental Agreement
- Delaware Room Rental Agreement
- Florida Room Rental Agreement
- Georgia Room Rental Agreement
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- Nevada Room Rental Agreement
- New Hampshire Room Rental Agreement
- New Jersey Room Rental Agreement
- New Mexico Room Rental Agreement
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- North Carolina Room Rental Agreement
- North Dakota Room Rental Agreement
- Ohio Room Rental Agreement
- Oklahoma Room Rental Agreement
- Oregon Room Rental Agreement
- Pennsylvania Room Rental Agreement
- Rhode Island Room Rental Agreement
- South Carolina Room Rental Agreement
- South Dakota Room Rental Agreement
- Tennessee Room Rental Agreement
- Texas Room Rental Agreement
- Utah Room Rental Agreement
- Vermont Room Rental Agreement
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