What clauses are legally required in every Wisconsin lease agreement?
Every Wisconsin lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. ATCP 134 then adds required disclosures (below) and a rule unique to Wisconsin: any lease term that falls outside the standard statutory scheme — a "nonstandard rental provision" — must be set out in a separate document titled "NONSTANDARD RENTAL PROVISIONS" and be specifically identified and discussed with the tenant before signing (ATCP 134.09). Lease clauses that waive ATCP 134 protections are void.
Wisconsin security deposit rules — the check-in sheet and 21-day return
Wisconsin sets no deposit cap, but ATCP 134 is strict about handling:
- No cap on the deposit amount.
- Check-in sheet (ATCP 134.06(1)): before accepting a deposit, the landlord must notify the tenant in writing that the tenant has at least 7 days after the start of the tenancy to inspect the unit and report preexisting damage; the tenant may also request the list of damages charged to the previous tenant's deposit.
- Return (ATCP 134.06(2)): within 21 days after the tenant surrenders the premises, the landlord must return the deposit less any withholdings, and any amount withheld must be explained in a written itemized statement delivered within the same 21 days.
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in Wisconsin
Wisconsin does not set a statutory dollar or percentage cap on residential late fees, but ATCP 134.09(8) requires that a late fee be specified in the written rental agreement to be charged, and a landlord may not charge a late fee on an unpaid late fee. Keep the fee reasonable and clearly stated in the lease.
Notice periods to end or not renew a Wisconsin lease
Wisconsin notice periods (Wis. Stat. Ch. 704):
| Situation | Notice | Statute |
|---|---|---|
| Terminate month-to-month / periodic tenancy | 28 days | § 704.19 |
| Nonpayment, month-to-month or lease of 1 year or less (first time) | 5-day pay-or-cure notice | § 704.17 |
| Repeat nonpayment within 12 months | 14-day notice to vacate (no cure) | § 704.17 |
| Breach on a lease longer than 1 year | 30-day notice to cure | § 704.17(3) |
The 5-day notice lets the tenant stay by paying or curing; the 14-day notice ends the tenancy even if the tenant would fix the problem. Self-help eviction is unlawful in Wisconsin.
What disclosures must Wisconsin landlords provide?
ATCP 134 requires several disclosures before the tenant signs or pays a deposit:
- Owner / manager identity (ATCP 134.04(1)): the name and address of the person who manages the property and of the owner or agent authorized to accept service of process and notices (an in-state address). Owner-occupied buildings of four or fewer units are excepted.
- Code violations and habitability (ATCP 134.04(2)): uncorrected building or housing code violations the landlord knows of, and conditions affecting habitability (no hot/cold running water, unsafe or insufficient heat, unsafe electrical, no working plumbing or sewage, and other substantial hazards).
- Utilities (ATCP 134.04(3)): whether utilities are included, and, if the unit is not separately metered, the basis for allocating shared-utility charges.
- Nonstandard rental provisions (ATCP 134.09): the separate titled document described above.
- Lead-based paint (federal): the disclosure and EPA pamphlet for pre-1978 housing.
What happens if a Wisconsin lease is missing required terms?
Because ATCP 134 is enforced as consumer protection, violations can be costly:
- Deposit or disclosure violations: a tenant may recover double damages plus reasonable attorney's fees under Wis. Stat. § 100.20(5) for ATCP 134 violations.
- Missing check-in sheet or late/absent itemized statement: undercuts the landlord's right to keep any of the deposit (ATCP 134.06).
- Improper nonstandard provision: an unusual term not placed in the titled document and discussed is unenforceable.
Managing rentals in more than one state? Compare Wisconsin's rules with our Minnesota and Illinois lease requirement guides.
Full Wisconsin disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Wisconsin landlord must give at signing, see our Wisconsin required lease disclosures checklist.
Create your Wisconsin lease agreement
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Create your Wisconsin lease agreement →Frequently asked questions
Is there a security deposit limit in Wisconsin?
No. Wisconsin sets no cap on the deposit amount, but the deposit must be returned with a written itemized statement within 21 days of the tenant surrendering the unit (ATCP 134.06(2)), and a check-in sheet must be offered before the deposit is collected.
How long does a Wisconsin landlord have to return a security deposit?
Within 21 days after the tenant surrenders the premises. Any amount withheld must be explained in a written itemized statement delivered within that same 21 days (ATCP 134.06(2)).
What is a check-in sheet in Wisconsin?
Before accepting a deposit, the landlord must notify the tenant in writing that the tenant has at least 7 days after the start of the tenancy to inspect and report preexisting damage (ATCP 134.06(1)). The tenant may also request the previous tenant's deposit-damage list.
How much notice is required to end a month-to-month tenancy in Wisconsin?
Twenty-eight days' written notice (Wis. Stat. § 704.19). Nonpayment starts with a 5-day pay-or-cure notice, escalating to a 14-day no-cure notice on a repeat within 12 months (§ 704.17).
What are nonstandard rental provisions in Wisconsin?
Any lease term outside the standard statutory scheme must be placed in a separate document titled "NONSTANDARD RENTAL PROVISIONS" and specifically identified and discussed with the tenant before signing (ATCP 134.09); otherwise it is unenforceable.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.