What do Wisconsin landlord tenant laws say about repairs, entry and deposits?

Wisconsin landlord tenant day counts, with sources

Download this table: CSV or JSON.

What repairs is a landlord responsible for in Wisconsin?

Section 704.07(2)(a) gives the landlord a duty to do a list of things, except for repairs made necessary by the negligence of, or improper use of the premises by, the tenant. Item 1 reads “Keep in a reasonable state of repair portions of the premises over which the landlord maintains control.” (Wisconsin Statutes 704.07), read 2026-10-29.

Item 2, under the same negligence or improper use exception of 704.07(2)(a), is a duty to keep in a reasonable state of repair the equipment under the landlord's control needed to supply services the landlord agreed to furnish, such as heat, water, elevator, or air conditioning (704.07(2)(a)2).

Items 3 and 5, under the same negligence or improper use exception, read “Make all necessary structural repairs.” (Wisconsin Statutes 704.07) and “For a residential tenancy, comply with any local housing code applicable to the premises.” (Wisconsin Statutes 704.07)

Under 704.07(2)(c), if the premises are damaged by fire, water or other casualty, not the result of the negligence or intentional act of the landlord, subsection (2) is inapplicable and either sub. (3) or (4) governs.

For a structural repair or a heat or hot-water equipment fix at a Wisconsin rental, a property manager can post the job on InstaBids and compare written bids side by side.

How long does a landlord have to make repairs in Wisconsin?

Section 704.07 names no number of days; for untenantable premises its measure in 704.07(4) is whether the landlord proceeds promptly: “If the premises become untenantable because of damage by fire, water, or other casualty or because of any condition hazardous to health, or if there is a substantial violation of sub. (2) materially affecting the health or safety of the tenant, the tenant may remove from the premises unless the landlord proceeds promptly to repair or rebuild or eliminate the health hazard or the substantial violation of sub. (2) materially affecting the health or safety of the tenant; or the tenant may remove if the inconvenience to the tenant by reason of the nature and period of repair, rebuilding, or elimination would impose undue hardship on the tenant.” (Wisconsin Statutes 704.07), read 2026-10-29.

The tenant may also remove from untenantable premises if the inconvenience of the repair would impose undue hardship on the tenant, and under 704.07(4) this untenantable rule is inapplicable if the damage or condition is caused by negligence or improper use by the tenant.

When a unit is untenantable and the repair has to start, a property manager can describe the job once on InstaBids, add photos and get several written bids on one scope.

How much notice does a landlord have to give before entering in Wisconsin?

Absent an inconsistent provision in writing signed by both the landlord and the tenant (704.05(1)), section 704.05(2) reads “The landlord may upon advance notice and at reasonable times inspect the premises, make repairs and show the premises to prospective tenants or purchasers; and if the tenant is absent from the premises and the landlord reasonably believes that entry is necessary to preserve or protect the premises, the landlord may enter without notice and with such force as appears necessary.” (Wisconsin Statutes 704.05), read 2026-10-29.

The same 704.05(2), absent an inconsistent writing signed by both (704.05(1)), says that if the tenant is absent and the landlord reasonably believes entry is necessary to preserve or protect the premises, the landlord may enter without notice.

To plan a repair visit at an occupied unit, a property manager can post the job on InstaBids with photos and pick from written bids before any contractor comes out.

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

In a residential tenancy (704.28(5)), a landlord shall deliver or mail to the tenant the full amount of any security deposit, less any amounts that may be withheld, within 21 days (704.28(4)), read 2026-10-29.

Under 704.28(4)(a), if the tenant vacates on the termination date of the rental agreement, the 21 days for a residential tenancy (704.28(5)) run from the date on which the rental agreement terminates, less amounts withheld.

In a residential tenancy (704.28(5)), 704.28(3) limits what the landlord may withhold: “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.” (Wisconsin Statutes 704.28)

For move-out cleaning and repairs before a Wisconsin deposit is returned, a property manager can post the job on InstaBids and compare written quotes on the same scope.

Who pays for pest control in a rental in Wisconsin?

Section 704.07(3)(a) speaks to damage, including by an infestation of insects or other pests, due to the acts or inaction of the tenant: “If the premises are damaged, including by an infestation of insects or other pests, due to the acts or inaction of the tenant, the landlord may elect to allow the tenant to remediate or repair the damage and restore the appearance of the premises by redecorating. However, the landlord may elect to undertake the remediation, repair, or redecoration, and in such case the tenant must reimburse the landlord for the reasonable cost thereof; the cost to the landlord is presumed reasonable unless proved otherwise by the tenant.” (Wisconsin Statutes 704.07), read 2026-10-29.

For an infestation due to the acts or inaction of the tenant, 704.07(3)(a) presumes the cost to the landlord reasonable unless proved otherwise by the tenant, and lists materials, labor and, at a reasonable hourly rate, the landlord's time spent hiring a 3rd-party contractor among reasonable costs.

For pest treatment at a rental unit, a property manager can post the remediation job on InstaBids and get written bids from pest contractors on one scope.

When can a tenant end a lease over repairs in Wisconsin?

Under 704.07(4), when the premises become untenantable or a substantial violation of 704.07(2) materially affects the health or safety of the tenant, the tenant may remove from the premises unless the landlord proceeds promptly to repair, read 2026-10-29.

For a tenant who justifiably moves out, the same subsection reads “If the tenant justifiably moves out under this subsection, the tenant is not liable for rent after the premises become untenantable and the landlord must repay any rent paid in advance apportioned to the period after the premises become untenantable.” (Wisconsin Statutes 704.07)

For a health or safety repair that could lead a tenant to move out, a property manager can post the job on InstaBids with photos and review written bids side by side.

When can a tenant withhold rent over repairs in Wisconsin?

For a tenant who remains in possession, 704.07(4) speaks of abatement, not withholding in full: “If the tenant remains in possession and the condition materially affects the health or safety of the tenant or substantially affects the use and occupancy of the premises, rent abates to the extent the tenant is deprived of the full normal use of the premises. This section does not authorize rent to be withheld in full, if the tenant remains in possession.” (Wisconsin Statutes 704.07), read 2026-10-29.

For a repair raised by a tenant still living in the unit, a property manager can post it on InstaBids and get multiple written bids to compare.

Who does Wisconsin landlord tenant law cover?

The Wisconsin definitions section draws one line around who is a tenant: under 704.01(5), “but a person holding possession of real property under a contract of purchase or an employment contract is not a tenant under this chapter.” (Wisconsin Statutes 704.01), read 2026-10-29.

For a residential tenancy, the repair section cannot be signed away: under 704.07(1), an agreement to waive its requirements in a residential tenancy, including an agreement in a rental agreement, is void.

For any residential repair the Wisconsin repair duty covers, a property manager can describe the job once on InstaBids and get written bids on the same scope.

Wisconsin notice rules a property manager works to

What to put in a written repair scope for a Wisconsin rental

• The repair in plain words, with photos, tied to the 704.07(2)(a) item the landlord has a duty to meet, such as necessary structural repairs (704.07(2)(a)3) or equipment for services the landlord agreed to furnish (704.07(2)(a)2), and whether the repair was made necessary by the negligence or improper use of the tenant.
• The visit window, on advance notice and at reasonable times (704.05(2)), unless a provision in writing signed by both the landlord and the tenant says otherwise (704.05(1)).
• For untenantable premises, the date the landlord began to repair, since under 704.07(4) the tenant may remove unless the landlord proceeds promptly to repair or rebuild.
• For damage a tenant under a lease for a term of one year or less or a year-to-year tenant (704.17(2)(d)) caused, the date of any notice to remedy the default or vacate, which names a date at least 5 days after the giving of the notice (704.17(2)(b)).
• For pest work, whether the infestation is due to the acts or inaction of the tenant (704.07(3)(a)), since the landlord may elect to undertake the remediation and the tenant must reimburse the reasonable cost.

Download this checklist as text

Calling contractors one by one, or one written scope?

Calling contractors one by one gets as many ideas of the repair as calls. With one written scope that names the 704.07(2)(a) item, such as the necessary structural repairs the landlord has a duty to make except for repairs made necessary by the negligence or improper use of the tenant, you describe it once, contractors bid in writing on that scope, and you choose who gets your number.

Property managers can post a rental job on InstaBids today.

How InstaBids works

Related answers on other pages

Sources

• Wisconsin Statutes 704.07, read 2026-10-29: docs.legis.wisconsin.gov
• Wisconsin Statutes 704.28, read 2026-10-29: docs.legis.wisconsin.gov
• Wisconsin Statutes 704.05, read 2026-10-29: docs.legis.wisconsin.gov
• Wisconsin Statutes 704.01, read 2026-10-29: docs.legis.wisconsin.gov
• Wisconsin Statutes 704.17, read 2026-10-29: docs.legis.wisconsin.gov