Wisconsin State Law Library

Many Wisconsin residents live in rental housing. State law provides a legal framework for the relationship between landlords and tenants. Many disputes between landlords and tenants can be avoided if both parties understand their legal rights and responsibilities (Source: DATCP).

The Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) handles consumer complaints between landlords and tenants, and includes landlord-tenant guides on their website.

The Tenant Resource Center, located in Dane County, has information on topics like security deposits, eviction, roommates, and more.

Popular questions

Can I get rent help?

Use 211 Wisconsin to find rent assistance programs near you. The US Consumer Financial Protection Bureau also has a guide on how to find help with rent and paying bills.

How long does an eviction stay on WCCA (also known as CCAP)?

An eviction stays on WCCA between two years (dismissed) and ten years (after evicted/writ issued). Evictions due to foreclosure are not posted on WCCA.

I need to find an eviction notice form

Because everyone’s situation is different, the Library can’t advise you on what form you need.

You can learn about eviction notices on the Tenant Resource Center website, or see the eviction notice grid from the Milwaukee Justice Center. The library re-sells some landlord/tenant notice forms.

The Tenant Resource Center provides sample notices for ending a tenancy on their website.

Can my landlord increase the rent?

According to a WI Consumer Protection Bureau brochure on Tenants Rights and Responsibilities, "There are no state laws limiting the amount of a rent increase." The Consumer Protection Bureau also has a discussion of rent and mobile home leases online. Notice requirements vary depending on the type of lease. The Tenant Resource Center writes about rent increases in a 2023 blog post.

Laws

Additional statutes, regulations & opinions may apply to your specific situation. Search the Wisconsin statutes & administrative code online.

• WI Statute s. 100.20(5) "Double damages"
• WI Statute: s. 106.50 "Open Housing"
• WI Statutes: ch. 704 "Landlord and Tenant"
• WI Statute: s. 943.215 "Absconding Without Paying Rent"
• WI Admin. Code: ATCP 134 "Residential Rental Practices"
• WI Admin. Code: SPS 320-325 "Uniform Dwelling Code"
• U.S. Code 42 USC ch. 45 "Fair Housing"
• WI Attorney General Opinions
  • Lease Provisions Requiring Tenants Pay for Carpet Cleaning

  Forms

  • Residential Lease / Notice to Terminate Tenancy / 5, 14, and 28-day Notices $(WSLL)
  • Small Claims forms for evictions(WI Court System)
  • Forms Assistant(WI Court System)
  • Tenant Resource Center forms
    • CheckIn Form
    • Check-Out Form
    • Nonrenewal of Month-to-Month Tenancy
    • Rent Payment Agreement
    • Repair Request
    • Roommate Agreement
    • Sample Letter for Breaking a Lease
    • Sample Letter for a Wrongfully Withheld Security Deposit
    • Security Deposit Payment Agreement
    • Sublet Agreement
    • Termination of Tenancy by Mutual Agreement

    County resources

    • Writ of Restitution and Request for Writ(Manitowoc Clerk of Court)

    Research links

    Agencies & Organizations

    • Tenant Resource Center
      Includes information on security deposits, repairs, ending a lease, eviction, roommates, pets, carpet cleaning, discrimination, etc. Includes blog examining various rental issues.
    • WI Dept of Agriculture, Trade & Consumer Protection
    • Legal Tune Up(Lift Dane)
      Helps remove eligible eviction records from WCCA. Accesses public data to assist users with resolving some legal issues and directs people to the legal and employment services they may need or want.

    Complaints

    • Discrimination Complaint Fair Housing(WI Dept. of Workforce Development)
    • Landlord/Tenant Complaint(WI Dept. of Agriculture Trade & Consumer Protection)
    • Landlords in Federal Housing(U.S. Dept. of Housing & Urban Development)

    Directories

    • Attorney referral list for Equal Rights Division cases(WI Dept. of Workforce Development)
      List of lawyers "who may be willing to represent persons in cases filed before the Equal Rights Division (ERD)"

    Bed Bugs

    • Tackling bed bugs: a starter guide for local governments(University of Washington)
    • What landlords need to know about bed bugs(EPA)

    Eviction

    • Pre-Judgment: Basic Steps for Handling a Small Claims Case for Eviction(WI Court System)
    • Eviction(Tenant Resource Center)
    Eviction Timeline (Legal Action of Wisconsin)
    • Self-Help Evictions: Lock outs, open ups, and shut offs
    • Bloqueos, Aperturas y Cierres de Servicios Pùblicos Desalojo de Autoayuda - Spanish Lock Out Fact Sheet
    • Xauv Tawm, Qhib, thiab Kaw Kev Pab Yus Tus Kheej Ntiab Tawm - Hmong Lock Out Fact Sheet
    • Forms
      • Small Claims(WI Court System)
      • Forms Assistant(WI Court System)
      • Notice to Terminate Tenancy / 5, 14, and 28-day Notices $(WSLL). See the Forms section (above) for some sample forms for terminating a tenancy in certain situations
      • Notices. You can learn about eviction notices on the Tenant Resource Center website, or see the eviction notice grid from the Milwaukee Justice Center. The library re-sells some landlord/tenant notice forms.

      Farm Rentals

      • See Agriculture & Food Law(WI State Law Library)

      FAQs & Guides

      • Landlord / Tenant: Answering Your Legal Questions(State Bar of WI)
      • Landlord / Tenant Guide(WI Dept. of Agriculture, Trade & Consumer Protection)
        
      • Landlord/Tenant Forms & Guides from Wisconsin Counties(WI State Law Library)
        Includes guides on the eviction process in various counties.
      • Landlords and Tenants Rights and Responsibilities(WI Legislative Council)
      • Background checks(Federal Trade Commission)
      • Tenant Sourcebook(Legal Action of Wisconsin)
        • Housing consumer guides

        Foreclosure

        • Foreclosure in Rental Units(Tenant Resource Center)
        • Tenant Sourcebook(Legal Action of Wisconsin)
          Includes information on renting and foreclosure

        Hotels & Motels

        • Landlord Tenant guide(DATCP)
          Discusses the applicability of residential rental practices rules to hotels and motels.

        Mobile Homes

        • Mobile Home Park / Manufactured Home Community(WI Bureau of Consumer Protection)
        • WI Admin. Code: ATCP 125 "Manufactured home communities"

        Service Animals

        • Service Animals(WI State Law Library)

        Short Term Rentals

        • Vacation rental laws in Wisconsin(WI State Law Library)

        Utility Bills

        • Municipal Utilities' Tax Lien Bill Collection Powers and Their Application to Rental Properties(WI Legislative Council)
        • Utility Billing Tax Lien Process for Residential Rental Properties (League of WI Municipalities)
          Used when tenant is responsible.
        • Wis. Statute: s. 66.0809 "Municipal public utility charges"

        Vehicles

        • Involuntary Lien Transfers and Abandonment of Property to a Landlord(WI Dept. of Transportation)

        WI Communities

        • Civil rights decision digest(City of Madison)
          Includes housing discrimination decisions
        • Local Ordinances may also contain landlord/tenant requirements.
        • Landlord Tenant Handbook: a guide to rental practices(City of Janesville, WI)
          Includes local agency contact information and procedures.

        County Resources

        Legal Assistance

        • Community Advocates
          (414) 449-4777 Serving people in need of urgent help, victims of domestic violence, people living with mental illness, and people dealing with substance abuse. Services include assistance with housing, utilities, health care, SSI and disability, homelessness and mental illness, and family violence.
        • Eviction defense clinic
          Call 608-890-0678 or email eji@law.wisc.edu for help. Se habla español.
        • Eviction Defense Project
          Meets in room 406 of the Milwaukee County Courthouse on Mondays and Wednesdays starting at 12:30PM. Limited Capacity (First Come - First Served)
        • Eviction defense project
          Legal Action of Wisconsin's Eviction Defense Project (EDP) is court-based, FREE legal aid for low-income tenants who are facing eviction. During the COVID-19 pandemic, the Dane County clinic is located at 744 Williamson St (same building as Ground Zero and El Dorado Grill). The office hours are Mondays, Tuesdays, and certain Fridays. Call the intake line to schedule an appointment: 855-947-2529.
        • LIFT Wisconsin
          Provides a legal tune up tool to search public data and help users resolve civil legal issues, fill out forms, and resolve issues with background check, criminal court records, and eviction court records.
        • Rental Housing Center
          Rent and utilities help for tenants, landlord/tenant dispute resolution, relocation assistance.
        • Tenant Resource Center (UW-Madison location)
          (608) 216-2321 For UW-Madison students. Provides student tenant education, problem resolution assistance, and no cost mediation services for housing issues.
        • Eviction guides(Rock Sheriff's Office)
          Eviction process guide, moving companies, eviction by landlords, worksheet
        • Eviction Notice Grid(Milwaukee Justice Center)
          Which types of notice must be given for different types of rental agreements.
        • Housing Resources from Community Advocates(Milwaukee Community Advocates)
          Short and long term assistance programs and housing FAQs.
        • Landlord - Tenant Issues(Milwaukee Justice Center (MJC))
        • Resource guide for renters and landlords in Brown County(Brown Neighborworks Green Bay)
          Eviction and legal assistance, building inspection, and more resources regarding landlord and tenant rights and responsibilities.
        • Small Claims(Waukesha Circuit Court)
          Guided resource to the small claims process, procedures and forms.
        • Steps for the Eviction Process(Milwaukee Sheriff's Dept.)

        Library books & articles

        Books

        • Restatement of the Law of Property 2d
          KF 395 .A2 P7
        • Wisconsin Attorney’s Desk Reference (Chapter 32—Landlord and Tenant)
          KFW 2481 .W57 A6
        • American Law of Landlord and Tenant
          KF 590 .S34
        • Apartment management in Wisconsin : a self-help guide for property managers and owners
          KFW 2517 .A63
        • Methods of Practice (Wisconsin Practice vol. 1 Section 13)
          KFW 2930 .W613

        Law Review Articles

        • "Everybody Loves the Landlord": Evictions and the Coming Prevention Revolution
          41 Mitchell Hamline L.J. Pub. Pol'y & Prac. 201 (2020)
        • A Place to Call Home: Tenant Blacklisting and the Denial of Opportunity
          45 Fordham Urb. L.J. 661, 662 (2018)
        • Act 317: More Changes to Landlord-Tenant Law
          91 Wis. Lawyer 16 (September 2018)
        • Cash for Keys" Agreements
          Uniform Laws Commission Memorandum (2012)
        • Landlord-tenant law: Rights, remedies, and changes under new Act 143
          State Bar News (2012)

        Journals & Legal Databases

        • HeinOnline
        • Index to Legal Periodicals