Wisconsin never capped security deposits, and nobody in Madison is seriously trying to. What the state built instead is a two-rulebook system that catches landlords who assume the lease is the whole story. Chapter 704 of the statutes sets the baseline, and ATCP 134, a consumer protection code enforced by DATCP, layers procedure on top. Violate ATCP 134 and the tenant can sue for double their loss plus attorney fees under Wis. Stat. § 100.20(5).

Nowhere does that combination bite harder than deposits, so this guide starts there. Keep the Wisconsin quick-reference page open for the raw numbers.

Taking a deposit in Wisconsin: the paperwork that comes first

There's no statutory cap, so one month's rent is convention, not law. The compliance work happens before you accept a dime.

Under ATCP 134.06(1), you must tell the tenant in writing that they may inspect the unit and that they can request a list of the damages you charged against the previous tenant's deposit. The tenant gets at least 7 days from moving in to inspect and document. If they ask for that prior-tenant deduction list, you have to produce it, amounts included.

Separately, Wis. Stat. § 704.08 requires a check-in sheet for every new tenancy (renewals are exempt). Hand it over when occupancy starts; the tenant has 7 days to complete and return it. That sheet, plus your own dated photos, is what wins deposit disputes two years later.

Two more setup rules. Give a written receipt for the deposit unless it's paid by check (ATCP 134.03). And if you ever want to deduct for anything beyond the standard statutory list, the authority must live in a separate signed document literally titled NONSTANDARD RENTAL PROVISIONS, reviewed with the tenant before the lease is signed (Wis. Stat. § 704.28(2)). Burying it in paragraph 19 of the lease doesn't count.

The 21-day return clock and the double-damages trap behind it

You have 21 days to deliver or mail the deposit, less lawful deductions (Wis. Stat. § 704.28(4); ATCP 134.06(2)). When the clock starts depends on how the tenancy ended:

  • Tenant leaves on the lease's end date: 21 days from that date.
  • Tenant leaves early: 21 days from the date the agreement ends, or from the day a new tenant's tenancy begins, whichever comes first.
  • Tenant disappears after the term ends: 21 days from the day you learn they're gone.

If you withhold anything, the same mailing must include a written statement itemizing each deduction and its amount (ATCP 134.06(4)). Lawful deductions are unpaid rent, damage, waste or neglect beyond normal wear and tear, and utility charges you get stuck with (Wis. Stat. § 704.28(1)). Normal wear and tear is off-limits, and so is routine painting or carpet cleaning where there's no unusual tenant-caused damage (ATCP 134.06(3)(c)). Don't try to contract around the carpet rule; DATCP treats it as non-negotiable.

Miss the deadline or pad a deduction and § 100.20(5) lets the tenant recover twice the amount wrongfully withheld, plus costs and attorney fees. Withhold $700 you can't justify and the exposure is $1,400 before their lawyer's bill. Wisconsin small claims judges see these cases weekly and know ATCP 134 cold. If you run more than a couple of units, Rentari tracks state deposit deadlines like this one so the 21-day clock never comes down to memory.

Leases that void themselves: § 704.44's tripwires

Wisconsin doesn't just strike an illegal lease clause. Certain clauses make the entire lease void and unenforceable, listed in Wis. Stat. § 704.44 and mirrored in ATCP 134.08. Highlights: a clause letting you evict without a court order (§ 704.44(2m)), accelerating rent or waiving your duty to mitigate (§ 704.44(3m)), and anything penalizing a tenant for calling police, health, or safety services (§ 704.44(1m)).

The sleeper is § 704.44(10): if your lease allows termination for criminal activity but omits the Notice of Domestic Abuse Protections required by Wis. Stat. § 704.14, the whole lease is void. That exact omission is what sent Koble Investments v. Marquardt to the state supreme court (more below). Check your template today; state-specific leases and notices are in the forms library.

Disclosures and the habitability floor

At or before signing, ATCP 134.04 requires the name and address of the person authorized to collect rent and manage the unit, and of the owner or an agent who can accept legal papers. You must also disclose building or housing code violations you actually know about that threaten health or safety, and spell out which utilities aren't included in rent and how shared meters get split. Pre-1978 buildings carry the federal lead paint disclosure on top.

On repairs, Wis. Stat. § 704.07 sets the duties. If a unit becomes untenantable, the tenant may move out or stop paying full rent while the condition lasts (§ 704.07(4)). Wisconsin has no statutory repair-and-deduct, which makes prompt maintenance the cheap option.

Rent, late fees, and raising rent

There's no rent control, and cities can't invent it: Wis. Stat. § 66.1015 bans municipal rent regulation, so Madison and Milwaukee rents are set by the market, not an ordinance.

Late fees ride on ATCP 134.09(8). You may charge one only if the written lease specifically provides for it, you must first apply any rent prepayments to the balance, and you can never charge a fee for nonpayment of a late fee. There's no dollar cap, but the amount has to be a reasonable estimate of what the late payment costs you, not a penalty. An undisclosed or inflated fee is an ATCP violation with the same double-damages exposure as a botched deposit.

Raising rent: no cap and no statewide notice statute for fixed-term leases (wait for renewal). For month-to-month tenants, treat an increase like a termination and re-offer: at least 28 days' written notice, taking effect at the end of a rental period (Wis. Stat. § 704.19).

Entry: Wisconsin's 12-hour rule

You can enter to inspect, make repairs, or show the unit at reasonable times after advance notice (Wis. Stat. § 704.05(2)). ATCP 134.09(2) defines advance notice as at least 12 hours, unless the tenant consents to shorter when you ask. Emergencies need no notice. Send the notice in writing, even just a text, so you can prove the 12 hours happened.

That's stricter than every neighbor: Illinois has no statewide entry statute at all, and Indiana requires only undefined "reasonable" notice. In Wisconsin, a pattern of no-notice entries is a consumer protection violation, not a courtesy problem.

The eviction ladder: 5, 14, 28, and 30 days

The notice you serve depends on the tenancy type (Wis. Stat. § 704.17):

  • Month-to-month, behind on rent: your choice of a 5-day pay-or-vacate notice (payment saves the tenancy) or a 14-day notice with no right to cure (§ 704.17(1p)).
  • Month-to-month, other breach: 14-day notice, no cure.
  • Lease of one year or less (including year-to-year): first nonpayment gets a 5-day pay-or-quit; a second default within 12 months gets a 14-day with no cure. Non-rent breaches follow the same pattern, 5-day notice to cure, then 14-day for a repeat within the year (§ 704.17(2)).
  • Lease longer than one year: 30 days to pay or cure (§ 704.17(3)).
  • Criminal activity or drug nuisance: a 5-day notice with no cure right; tenants who were victims of the crime are protected (§ 704.17(3m)).

Ending a month-to-month tenancy without cause takes at least 28 days' written notice, landing on the end of a rental period (§ 704.19(3)). Year-to-year tenancies need 90 days.

Once the notice runs, eviction is a small claims action under ch. 799, and only the sheriff executes the writ. Changing locks, cutting utilities, or curb-piling belongings is self-help eviction, banned by ATCP 134.09(7), and it hands the tenant that double-damages claim. For contrast, Michigan gives nonpaying tenants a 7-day demand; Wisconsin's 5-day is one of the shortest fuses in the Midwest, but only if the notice is drafted and served exactly right (§ 704.21 governs service).

What changed in 2024 to 2026

The headline is Koble Investments v. Marquardt, decided June 5, 2026 (2026 WI 19). The court of appeals had ruled that an ordinary residential lease was a consumer credit transaction, exposing landlords to Wisconsin Consumer Act penalties over eviction notices, and had treated a lease that omitted the § 704.14 domestic abuse notice as void. The supreme court reversed the Consumer Act holding: monthly rent isn't a deferred debt, so the WCA doesn't govern standard leases, and a tenant who suffered no out-of-pocket loss can't collect double damages. The scare is over, but the lesson stands: the missing notice is what opened the door.

The legislature had tried to fix it by statute first. 2025 Assembly Bill 202 would have written the Consumer Act exemption into law; it passed both houses and was vetoed. Koble then settled the question anyway.

Second change: court records. Under the supreme court's 2024 records-display order (2024 WI 24), an eviction filing with no money judgment now drops off CCAP, the state's public court site, after 2 years instead of 20. Cases with a money judgment or writ stay searchable for 10. If you screen with CCAP, your visible eviction history on an applicant just got much shorter; weight landlord references and credit reports accordingly.

Beyond that, the legislature passed no major rewrite of ch. 704 in this window. The core framework still dates to the 2011 to 2018 reform wave, which is why the details above change so rarely.

Wisconsin landlord FAQ

How long do I have to return a security deposit in Wisconsin?

21 days, with the trigger date depending on how the tenancy ended (Wis. Stat. § 704.28(4)). Any withholding requires an itemized written statement in the same delivery. Late or unjustified withholding risks double damages plus attorney fees.

Can I deduct carpet cleaning from the deposit?

Only for unusual, tenant-caused damage like pet urine or burns. Routine carpet cleaning and routine repainting can't come out of the deposit (ATCP 134.06(3)(c)), even if your lease says otherwise.

How much notice do I need to raise rent on a month-to-month tenant?

At least 28 days, effective at the end of a rental period (Wis. Stat. § 704.19). There's no limit on the amount, and no Wisconsin city can impose one (§ 66.1015).

Is there a cap on late fees?

No dollar cap, but the fee must be in the written lease, must be reasonable compensation rather than a penalty, prepayments must be applied first, and you can't charge a fee on an unpaid late fee (ATCP 134.09(8)).

Can I change the locks on a tenant who stopped paying?

No. Wisconsin allows removal only through a ch. 799 court eviction ending in a sheriff-executed writ. Lockouts and utility shutoffs violate ATCP 134.09(7) and expose you to double damages and the tenant's attorney fees.

This guide is general information for Wisconsin landlords, not legal advice. Statutes and administrative rules change, and courts refine them; before acting on a deadline or notice, read the current text of Wis. Stat. ch. 704 and ATCP 134 or run the question past a Wisconsin landlord-tenant attorney.