By Tammy Johnson
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January 27, 2025
O wning rental property in Wisconsin can be a lucrative investment, but it also comes with responsibilities and legal considerations. As a landlord, it is essential to understand your rights to protect your property, maintain good relationships with tenants, and operate within the bounds of state laws. Here's an overview of what Wisconsin rental property owners need to know about their rights. Right to Screen Tenants One of the most fundamental rights of property owners is the ability to screen potential tenants. Landlords in Wisconsin can use background checks, credit reports, and references to assess a prospective tenant’s reliability. However, this process must comply with federal Fair Housing laws, which prohibit discrimination based on race, color, religion, sex, national origin, disability, or familial status. Wisconsin’s Open Housing Law adds additional protections, such as prohibiting discrimination based on sexual orientation, marital status, or age. Right to Collect Rent and Enforce Lease Terms Landlords have the right to collect rent as specified in the lease agreement. If a tenant fails to pay rent on time, property owners can enforce late fees if outlined in the lease. Wisconsin law requires that all lease terms, including rent amounts and due dates, be clearly stated in writing. Additionally, landlords can enforce other lease provisions, such as rules about pets, noise levels, or property maintenance, as long as these terms are legal and clearly communicated in the lease. Right to Enter the Property While tenants have a right to privacy, landlords are permitted to enter the rental property under specific circumstances. Wisconsin law requires landlords to provide at least 12 hours' notice before entering, except in emergencies. Reasons for entry might include conducting repairs, showing the property to prospective tenants, or performing inspections. Right to Evict Tenants If tenants violate lease terms or fail to pay rent, landlords have the right to initiate eviction proceedings. Wisconsin law requires landlords to follow specific steps in this process, including: Providing a written notice to the tenant, such as a 5-day notice to remedy a lease violation or a 14-day notice to vacate for nonpayment of rent. Filing an eviction lawsuit in small claims court if the tenant does not comply with the notice. It is important to follow these steps precisely, as failure to do so can delay the eviction process. Right to Protect Property Property owners in Wisconsin can require tenants to pay a security deposit, typically no more than one and a half times the monthly rent. Landlords must return any unused portion of the deposit within 21 days of the lease’s end. Right to Set and Adjust Rental Rates Landlords have the right to determine rental rates based on market conditions and the property’s value. However, rent increases must be consistent with the lease terms. If the lease is month-to-month, landlords must provide at least 28 days' written notice before increasing rent. Right to Address Property Damage If a tenant causes significant damage to the property, landlords can hold them accountable. Wisconsin law allows landlords to deduct the cost of repairs from the security deposit or seek additional compensation through legal action if necessary. Conclusion Understanding your rights as a rental property owner in Wisconsin is key to managing your properties effectively and avoiding legal pitfalls. While these rights provide a foundation for protecting your investment, it’s equally important to stay informed about tenant rights and responsibilities. By fostering a fair and transparent relationship with tenants, landlords can create a positive rental experience for all parties involved. If you’re looking to streamline your operations, consider consulting with us to help navigate Wisconsin’s rental laws and ensure compliance.