Landlord / Tenant Law
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.
Ask a QuestionPopular questions
Can I get evicted right now?
The CDC eviction moratorium is intended to temporarily halt residential evictions to prevent the spread of COVID-19. Fill out the CDC declaration form or use the CDC eviction moratorium assistant linked below to get started.
- Declaration form for CDC eviction moratorium (CDC)
- CDC eviction moratorium assistant (MassAccess)
- COVID-19 FAQs (WI DATCP)
- Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (CDC)
- Temporary Halt in Residential Evictions FAQ (Tenant Resource Center)
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.
Ask us a QuestionLaws
Additional statutes, regulations
& opinions may apply to your specific situation. Search the Wisconsin statutes & administrative code online.
- 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
Forms
- Residential Lease / Notice to Terminate Tenancy / 5, 14, and 28-day Notices $ (WSLL)
- Milwaukee County
- Notice to Terminate Tenancy / Pay Rent / Vacate Premises - 5, 14, and 28-day Notices (Milwaukee County Court)
- Tenant Resource Center
- 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
- Landlord/Tenant Forms & Guides from Wisconsin Counties (WI State Law Library)
County resources
Recommended links from our County Resources database:
- 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
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
- Bedbugs (Tenant Resource Center)
- 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)
- Housing resources (Legal Action of Wisconsin)
- Small Claims Service Court Rules for Wisconsin Counties (Wisconsin Law Review, 2014)
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. - Tenant Sourcebook (Legal Action of Wisconsin)
- Tenants' Rights & Responsibilities (WI Dept. of Agriculture, Trade & Consumer Protection)
- Using Consumer Reports: What Landlords Need to Know (US Bureau of Consumer Protection)
- Renting
a Home (American Bar Association)
Information on leases, lease clauses, evictions, security deposits, fair housing, and where to get help.
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
- Thinking of renting out your property for overnight stays? (WI Dept. of Agriculture, Trade & Consumer Protection)
- 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
Recommended links from our County Resources database:
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 Project
Meets in room G-9 of the Milwaukee County Courthouse on Thursdays from 12-3. Check the website for additional hours. - 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. - 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.
Guides
- 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))
- Procedure for Eviction by Landlords (Rock Sheriff's Office)
- 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.)
- What you need to know about eviction (Milwaukee Legal Action of Wisconsin)
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)