Free Wisconsin Lease Agreement Form

A Wisconsin lease agreement is a written contract between a landlord and a tenant. It sets the terms for renting a residential property, including the rent amount, the length of the tenancy, and the security deposit rules. Wisconsin Statutes Chapter 704 governs residential tenancies, covering nonstandard lease provisions, security deposit returns, and the notice needed to end a periodic tenancy. This agreement records what each side has agreed to before the tenant moves in, which protects both sides if a dispute comes up later.

Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Wisconsin law. If you notice an error or outdated information, please contact us.

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Wisconsin Laws and Lease Requirements

Wisconsin's rental laws sit in Chapter 704 of the Wisconsin Statutes. Section 704.28 sets the rules for security deposits, including how much a landlord may withhold and when the deposit must come back. It also covers any nonstandard lease term a landlord wants to add.

Section 704.19 sets the notice a landlord or tenant must give to end a periodic tenancy. The sections below explain what a Wisconsin lease agreement should reflect under these two sections.

  • Security deposit return: within 21 days after the tenancy ends
  • Nonstandard provisions: must be identified to the tenant and given in a separate written document
  • Notice to end a month-to-month or year-to-year tenancy: at least 28 days
  • Notice to end a tenancy with a shorter rent period: equal to the rent-paying period

FormsPal's downloadable Wisconsin lease agreement already includes fields for the security deposit amount and any nonstandard provisions this page describes. You can fill in a compliant document without drafting the language yourself.

Under Section 704.05(2) of the Wisconsin Statutes, a landlord may enter the unit during the tenancy only on advance notice and at reasonable times, to inspect it, make repairs, or show it.[3]

Advance notice means at least 12 hours unless the tenant, once told of the planned entry, agrees to a shorter time. No notice is needed when the tenant consents, in a health or safety emergency, or when the tenant is absent and entry is needed to protect the premises (Wis. Admin. Code ATCP 134.09(2)).[4]

Before entering a rental agreement or accepting earnest money or a security deposit, the landlord must disclose any uncorrected building or housing code violations it knows of that affect the unit or common areas and threaten health or safety, any conditions affecting habitability (such as no hot or cold water, or unsafe heating, electrical, plumbing, or sewage), and whether water, heat, or electricity are not included in the rent, including how shared-meter charges are allocated (Wis. Admin. Code ATCP 134.04).[5]

If the name or address of the landlord or the landlord's agent changes, the landlord must mail or deliver written notice of the change to the tenant within 10 business days after it occurs. This duty does not apply to an owner-occupied building with four or fewer units (Wis. Admin. Code ATCP 134.04(1)).[5]

Federal law also requires a lead-based paint disclosure for housing built before 1978. Before the tenant is bound, the landlord must give the EPA lead hazard pamphlet, disclose any known lead-based paint or hazards, and include a lead warning statement in or attached to the lease.[6]

Nonstandard Rental Provisions

A nonstandard rental provision is a lease term that goes beyond what Wisconsin's standard lease terms already address. Under Section 704.28 of the Wisconsin Statutes, a landlord must specifically identify a nonstandard rental provision to the tenant before the tenant enters into the rental agreement. The landlord must also give the tenant a separate written document titled "Nonstandard Rental Provisions" that lists those terms.[2]


Security Deposit

Wisconsin's security deposit statute applies to residential tenancies only.[2] A security deposit is money the landlord collects, typically before the tenant moves in. It covers unpaid rent or damage beyond normal wear and tear at the end of the tenancy.

When a landlord returns the deposit after the tenant moves out, the landlord may withhold only the amounts reasonably necessary to pay for the items the statute lists.[2] The statute draws a clear line around normal wear and tear:

This section does not authorize a landlord to withhold any amount from a security deposit for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible under applicable law.

Wis. Stat. § 704.28

The landlord must return the deposit, or the balance left after any allowed withholding, within 21 days after the tenancy ends.[2]

Under Section 704.08 of the Wisconsin Statutes, the landlord must give a new tenant a check-in sheet, and the tenant has seven days from the start of occupancy to complete it, noting any existing damage, and return it to the landlord.[7]

The tenant may also ask the landlord for a list of the physical damages or defects charged to the previous tenant's security deposit. The landlord must provide it, but need not name the previous tenant or the amounts withheld (Wis. Admin. Code ATCP 134.06(1)).[8]

Ending a Tenancy

Wisconsin sets a notice period for ending a periodic tenancy. Ending a month-to-month or year-to-year tenancy generally takes at least 28 days' notice. If rent is paid on a basis shorter than monthly, such as week-to-week, notice equal to the rent-paying period is enough instead. An agricultural tenancy running year-to-year needs at least 90 days' notice.[1]

Use FormsPal's deadline calculator to count the notice period from the day it is sent.

Wisconsin Rental Lease Agreement Form Details

Document Name Wisconsin Rental Lease Agreement Form
Other Names WI Rental Lease, Wisconsin Residential Lease Agreement
Relevant Laws Wisconsin Statutes and Annotations, Chapter 704
Security Deposit Return Twenty-one (21) days from vacation of tenant
Avg. Time to Fill Out 18 minutes
# of Fillable Fields 119
Available Formats Adobe PDF
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Frequently Asked Questions

Wisconsin's lease laws set clear rules for security deposits, nonstandard provisions, and the notice needed to end a tenancy. Wis. Stat. § 704.28 requires a landlord to return the deposit within 21 days after the tenancy ends and bars withholding for normal wear and tear. Wis. Stat. § 704.19 sets the notice a landlord or tenant must give to end a periodic tenancy.

What Is the Wis. Stat. § 704.28 Law in Wisconsin?

Wis. Stat. § 704.28 sets Wisconsin's rules for security deposits and nonstandard rental provisions. Under this section:[2]

  • A landlord must return the security deposit within 21 days after the tenancy ends.
  • A landlord cannot withhold any amount for normal wear and tear, or for damage the tenant cannot reasonably be held responsible for.
  • A landlord may withhold only the amounts reasonably necessary to cover the items the statute lists.
  • The section applies to residential tenancies only.
  • A landlord who wants a nonstandard lease term must identify it to the tenant and give the tenant a separate written document before the tenant signs.

What Can a Landlord Deduct From a Security Deposit in Wisconsin?

Wisconsin's security deposit statute lets a landlord withhold only the amounts reasonably necessary to pay for the items the statute lists. The law is explicit that a landlord cannot withhold any amount for normal wear and tear, or for other damage or loss the tenant cannot reasonably be held responsible for.[2]

Are Scuff Marks on Walls Wear and Tear in Wisconsin?

Wisconsin law does not name scuff marks specifically. Its security deposit statute draws a general line. A landlord cannot withhold any amount from a security deposit for normal wear and tear, or for other damage or loss the tenant cannot reasonably be held responsible for.[2] In practice, ordinary scuff marks from everyday living are usually treated as wear and tear, while a gouge or a hole a tenant caused is not.

Does Wisconsin Require a Termination Letter?

Wisconsin law does not set a specific form for a termination letter. What the law requires is notice. Ending a month-to-month or year-to-year tenancy generally takes at least 28 days' notice. Ending a tenancy with a shorter rent-paying period, such as week-to-week, takes notice equal to that rent-paying period instead.[1]

General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Wis. Stat..

  1. Wis. Stat. § 704.19. Accessed October 2026.
  2. Wis. Stat. § 704.28. Accessed October 2026.
  3. Wis. Stat. § 704.05.
  4. Wis. Admin. Code ATCP 134.09.
  5. Wis. Admin. Code ATCP 134.04.
  6. 40 C.F.R. § 745.113.
  7. Wis. Stat. § 704.08.
  8. Wis. Admin. Code ATCP 134.06.
Published: Apr 14, 2022
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.

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