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Landlord's Desk

State law guide · Checked November 14, 2026

Wisconsin landlord rules: late fees, deposits and rent increases

Wisconsin's landlord and tenant chapter says little on late fees and rent increase amounts. It does set a 21-day deadline for returning deposits. Here is what chapter 704 of the Wisconsin Statutes and the state's rental rules in chapter ATCP 134 say, with the section for each rule.

All states

The short version

  • The statute sets no late fee cap and no required grace period. A late fee must be provided for in the rental agreement.
  • There is no limit on deposit size.
  • Deliver or mail the deposit within 21 days after the tenancy ends, with a written statement of deductions.
  • No statute sets a notice period for raising rent. Ending a month-to-month tenancy takes 28 days' written notice.
  • Cities, villages, towns and counties can't regulate the amount of rent.

Late fees in Wisconsin

Limit
None in the statute. Wis. Stat. ch. 704
Grace period
None in the statute. Wis. Stat. ch. 704
Other conditions
A late fee must be provided for in the rental agreement. Any rent prepayments must be applied to the rent owed before a late fee is charged. No fee may be charged for nonpayment of a late fee. This rule is in the state's administrative code, not in chapter 704. Wis. Admin. Code ATCP 134.09(8)

Security deposits in Wisconsin

Maximum deposit
The statute sets no limit. Wis. Stat. § 704.28
Return deadline
21 days after the tenancy ends. The start of the 21 days depends on when the tenant vacates. See the three cases in subsection (4). Wis. Stat. § 704.28(4)
Itemized deductions
Required, as a written statement, within the same 21 days. The landlord delivers or mails a written statement accounting for all amounts withheld. This duty is in the administrative code, not in section 704.28. Wis. Admin. Code ATCP 134.06(4)(a)
Interest
The statute doesn't require it. Wis. Stat. § 704.28
How it's held
No special account or bond in the statute. Wis. Stat. § 704.28
Penalty
A tenant who suffers a loss from a violation of the state's rental rules can recover twice that loss, plus costs and reasonable attorney's fees. Section 704.28 has no penalty clause of its own. The rental rules in chapter ATCP 134 are issued under section 100.20. Wis. Stat. § 100.20(5)

Rent increases in Wisconsin

Notice to raise rent
No statute sets a notice period for a rent increase. The closest rule covers ending a month-to-month tenancy: at least 28 days' written notice. Check your lease for its own notice term. Wis. Stat. § 704.19(3)
Statewide cap
None in the statute. Wis. Stat. ch. 704
City rent control
Not allowed. No city, village, town or county may regulate the amount of rent or fees charged for a residential rental unit. Local governments can set rent for units they own or operate. Wis. Stat. § 66.1015(1)

This page covers Wisconsin state law for ordinary residential rentals. Cities and counties can add their own rules, and subsidized housing and mobile home lots follow different ones. The late fee and itemized statement rules are in the Wisconsin Administrative Code, chapter ATCP 134, not in chapter 704.

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Questions landlords ask

Is there a late fee limit for rent in Wisconsin?

Not in chapter 704. A late fee must be provided for in the rental agreement, and no fee may be charged for nonpayment of a late fee (Wis. Admin. Code ATCP 134.09(8)).

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

21 days after the tenancy ends, with a written statement accounting for any amounts withheld (Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06).

Can Wisconsin cities adopt rent control?

No. No city, village, town or county may regulate the amount of rent or fees charged for a residential rental unit (Wis. Stat. § 66.1015(1)).

Free templates you can use in Wisconsin

These are plain templates that aren’t tied to one state. Fill in the numbers your statute and lease call for.

Keep Wisconsin rent and deposits on one ledger

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This guide is general information, not legal advice. It summarizes state statutes as read on November 14, 2026; laws change and courts interpret them. Check the current statute (Wisconsin Statutes, chapter 704) or talk to a local attorney before you act.