Question 1

What are my rights regarding the return of my security deposit?

Accepted Answer

In Wisconsin, landlords must return a tenant's security deposit within 21 days after the lease ends or the tenant vacates the property — whichever happens later. The deposit can only be used to cover unpaid rent, damages beyond normal wear and tear, or other charges specified in the lease. If deductions are made, the landlord must provide a written, itemized list explaining each deduction along with any remaining deposit balance. Tenants should document the condition of the unit when moving in and out with photos and videos to avoid disputes. If a landlord fails to return the deposit or provide a list of deductions within the 21-day window, tenants can pursue legal action in Small Claims Court to recover their money.

Link: https://datcp.wi.gov/pages/publications/landlordtenantguide.aspx?utm

Question 2

What are my rights as a tenant in Wisconsin?

Accepted Answer

Tenants have the right to a safe and habitable living environment. Landlords must maintain the property, ensuring it meets health and safety standards. For detailed information, refer to the Wisconsin Department of Agriculture, Trade and Consumer Protection's Landlord/Tenant Guide.

If something in the unit needs repair, tenants should:

Notify the landlord in writing about the issue.
Give the landlord a reasonable amount of time to make the repair (usually 10-14 days, depending on the issue).
Keep copies of all communication with the landlord.

If the landlord doesn’t make the repair, tenants may be able to:

File a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).
Withhold rent in certain situations (with legal guidance).
Make the repairs themselves and deduct the cost from rent (only if allowed by the lease or local law).

Landlords cannot refuse to make repairs or retaliate against tenants who request repairs by raising rent or threatening eviction. If this happens, tenants can file a complaint with DATCP or seek legal assistance.

Link: https://datcp.wi.gov/pages/publications/landlordtenantguide.aspx?

**To learn more about your rights and responsibilities as a tenant, here is a link to the "Rent Smart" https://fyi.extension.wisc.edu/rentsmart/ workshop series helps tenants understand things such as finding a rental, pre-rental inspection, who is responsible for repairs, eviction, effective landlord/tenant communication, and more. The free workshops are held via Zoom and run monthly.

SIGN UP HERE: https://forms.office.com/Pages/ResponsePage.aspx?id=IYOmLNoOCEmIskJKjLSw-b_9ADOuA9dAlPZw3rV-QC5UM1Q3NDdTNVFWQUVDU1FEWUdBUVVPS0M5USQlQCN0PWcu

Question 3

How can I ensure I'm not overpaying for rent?

Accepted Answer

To avoid overspending on rent, it's recommended to spend no more than 30% of your gross income on housing. Utilizing budgeting methods, such as the 50/30/20 rule, can help allocate income appropriately among needs, wants, and savings. If you're looking for apartments, many cities have affordable housing directories or programs to help renters find units within their budget. It's always a good idea to ask the landlord what’s included in rent (utilities, parking, Wi-Fi) to get the full picture.

Why 30%?

The 30% rule has been a standard budgeting guideline for decades. It’s a simple way to make sure housing doesn’t take up too much of your income, leaving room for other essential expenses. However, this rule isn't one-size-fits-all - especially in higher-cost areas - so it's more of a starting point than a hard rule.

Link: https://www.investopedia.com/how-to-avoid-overspending-on-rent-8644294?utm

Question 4

How much notice must a landlord give before entering my rental unit in Wisconsin?

Accepted Answer

In Wisconsin, landlords are required to provide at least 12 hours' written or verbal notice before entering a tenant's rental unit for non-emergency reasons, such as repairs, inspections, or showings to prospective tenants or buyers. The notice should include the date, time, and reason for entry. Landlords must schedule entry at a reasonable time of day, typically between 8 AM and 8 PM, unless the tenant agrees to another time.

However, landlords do not need to give notice in cases of emergency, such as a burst pipe or fire, or if the tenant requests repairs that require immediate attention. Tenants have the right to refuse entry if the landlord does not follow proper notice procedures, except in emergencies. If a landlord enters without permission or fails to provide notice, tenants can file a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) or seek legal advice.

Link: https://datcp.wi.gov/Pages/Homepage.aspx

Question 5

What is the difference between a security deposit and earnest money?

Accepted Answer

A security deposit is money held by the landlord to cover potential damages or unpaid rent during tenancy. Earnest money is a payment made to show intent to rent a property, which may later be applied to the security deposit or first month's rent.

In Wisconsin, there’s no legal limit on how much a landlord can charge for a security deposit, but it’s typically equal to one month’s rent. The landlord must return the security deposit within 21 days after the tenant moves out, minus any deductions for damages or unpaid rent.

Tip: Tenants should always take photos when they move in and move out to document the unit's condition.

If the lease goes through, the earnest money is typically applied toward the security deposit or first month’s rent. If the tenant backs out before signing the lease, the landlord can usually keep the earnest money - but only if the property was taken off the market during that time.

However, in Wisconsin, if the tenant is rejected by the landlord or decides not to sign the lease before approval, the landlord must refund the earnest money.

Link: https://www.tenantresourcecenter.org/earnest_money

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