Best Landlord & Tenant Lawyers in Wisconsin

About Landlord & Tenant Law in Wisconsin, United States

Landlord and tenant law in Wisconsin governs the legal relationship between those who rent property (tenants) and those who own and manage rental property (landlords). These laws establish the rights and responsibilities of both parties, covering aspects such as leases, security deposits, rent payments, repairs, and eviction procedures. State statutes and administrative codes provide the framework that protects tenants from unlawful treatment and ensures landlords can manage their properties effectively.

Why You May Need a Lawyer

Consulting with a lawyer experienced in landlord and tenant matters can offer valuable guidance and protection. Common situations where legal help may be necessary include:

• Disputes over lease agreements or terms
• Security deposit disagreements or improper withholding
• Eviction notices or threats of eviction
• Repairs or maintenance issues that go unresolved
• Claims of discrimination in rental applications or practices
• Allegations of harassment or retaliation from either party
• Questions about rights during property sales or foreclosures
• Review or drafting of complex lease agreements

A lawyer can interpret the law, help file or defend against formal complaints, and represent your interests in negotiations or court.

Local Laws Overview

Wisconsin has detailed statutes and administrative rules that govern the landlord-tenant relationship. The most important laws for renters and property owners include:

• Security Deposits: Wisconsin law limits the reasons a landlord can keep all or part of a security deposit and requires the return of funds within 21 days after a tenant leaves.
• Leases: Both verbal and written agreements are recognized, but written leases are recommended for clarity. Leases must include certain disclosures by law.
• Rent Increases: There are no statewide rent control provisions, but landlords must follow lease terms for notice requirements.
• Repairs and Maintenance: Landlords must keep rentals in safe and habitable condition. Tenants may have legal options if essential repairs are ignored.
• Eviction: Landlords must follow formal notice and court procedures for removal of tenants, including specified notice periods for different situations.
• Discrimination: Federal and state laws protect tenants from discrimination based on race, color, national origin, sex, disability, familial status, and other categories.
• Entry Rights: Landlords must generally provide at least 12 hours notice before entering a tenant's unit, except for emergencies.

Local ordinances may expand on these state standards, so it is important to check with city or county housing departments for additional requirements.

Frequently Asked Questions

Does a landlord in Wisconsin have to give a reason for eviction?

Usually, landlords do not need to provide a reason when ending a month-to-month tenancy, but they must follow proper notice procedures. For eviction before the lease ends, there must be a valid reason, such as non-payment of rent or violation of lease terms.

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

There is no statewide limit on the amount a landlord can collect as a security deposit, but local ordinances may impose restrictions in some areas.

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

Landlords must return the security deposit, minus any lawful deductions, within 21 days of the tenant moving out.

Can a tenant withhold rent if repairs are not made?

Tenants should not withhold rent on their own. Instead, they may have options such as contacting building inspectors, using the “repair and deduct” remedy in limited situations, or seeking court action.

Are there restrictions on rent increases in Wisconsin?

No state law restricts the amount by which rent can be increased, but landlords must provide proper notice as specified in the rental agreement or, in absence of an agreement, at least one rental period in advance.

What notice is required to terminate a month-to-month tenancy?

Either party must give at least 28 days’ written notice prior to the end of the rental period.

When can a landlord enter my apartment?

Landlords must give at least 12 hours advance notice before entering, unless there is an emergency or the tenant agrees to waive this notice.

Do tenants have to allow showings if the property is being sold?

Tenants must generally allow reasonable access for showings, provided the landlord gives required notice.

What if my landlord will not make needed repairs?

You should notify your landlord in writing and keep documentation. If urgent repairs are ignored, you can contact local building inspectors or, if necessary, seek legal advice to enforce your rights.

Can a landlord refuse to rent to someone with children?

No. Discrimination based on familial status is illegal under both federal and state law.

Additional Resources

• Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) - handles complaints and offers information on tenant rights
• Legal Action of Wisconsin - provides free civil legal assistance for low-income individuals
• Wisconsin State Law Library - provides legal research materials and guides about landlord-tenant issues
• Local tenant associations or housing authorities - offer support and information
• City or county housing agencies - may have additional protections or support programs

Next Steps

If you have a landlord and tenant issue, start by gathering all relevant documents, such as lease agreements, correspondence, and photographs. Clearly document your concerns and attempts to resolve them directly with the other party. If the problem remains unresolved, contact local housing authorities or legal aid organizations for guidance. Consult a Wisconsin lawyer who specializes in landlord and tenant law for tailored advice. Timely action is critical, as some rights or claims may be lost if you wait too long to seek help.