Sources checked:
Quick answer. Wisconsin: no deposit cap in the law read; deposit returned within 21 days; 28-day notice to end month-to-month; 12-hour entry notice; $94.50 eviction filing fee; $10,000 small claims limit. 22 of 23 items are confirmed on official pages; 1 is marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- No cap in the law read
- Deposit back within
- 21 days
- Month-to-month notice (landlord)
- 28 days
- Unpaid rent notice
- Month-to-month, 14-day notice: 14 days; 5-day notice with right to cure: 5 days; Lease over 1 year: 30 days
- Entry notice
- 12 hours
- Filing fee
- $94.50
- Time to answer or appear
- At the hearing
- Judgment to writ
- Up to 30 days
- Writ to lockout
- Up to 10 days
- Small claims limit
- $10,000
Security deposit (6 of 6 confirmed)
Law read: Wis. Stat. 704.28 and Wis. Admin. Code ATCP 134.06.
Need the other side served? Process serving with an affidavit of service.
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ConfirmedDeposit limit
No maximum in ATCP 134.06.
Source: Wisconsin Legislature: Wis. Admin. Code ch. ATCP 134, Residential Rental Practices (Register November 2024, No. 827), checked November 2026
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ConfirmedReturn deadline
Within 21 days after: the rental agreement ends (tenant leaves on time); the agreement's end, or the new tenant's start if re-rented sooner (tenant leaves early); or the date the landlord learns the tenant left (tenant leaves late) (704.28(4)).
Source: Wisconsin Legislature: Wis. Stat. 704.28, checked November 2026
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ConfirmedItemized list of deductions
A written statement describing each item of physical damage or other claim against the deposit and the amount withheld for each, with the deposit balance within 21 days (ATCP 134.06(2), (4)(a)).
Source: Wisconsin Legislature: Wis. Admin. Code ch. ATCP 134, Residential Rental Practices (Register November 2024, No. 827), checked November 2026
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ConfirmedInterest on the deposit
None stated in ATCP 134.
Source: Wisconsin Legislature: Wis. Admin. Code ch. ATCP 134, Residential Rental Practices (Register November 2024, No. 827), checked November 2026
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ConfirmedWhere the deposit is held
None stated in ATCP 134: no account type is required.
Source: Wisconsin Legislature: Wis. Admin. Code ch. ATCP 134, Residential Rental Practices (Register November 2024, No. 827), checked November 2026
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ConfirmedPenalty the law states
A tenant who suffers a monetary loss from a violation may sue under Wis. Stat. 100.20(5) for twice the amount of the loss, plus costs and reasonable attorney fees (note to ATCP 134).
Source: Wisconsin Legislature: Wis. Admin. Code ch. ATCP 134, Residential Rental Practices (Register November 2024, No. 827), checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (6 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | A 28-day notice, no reason needed; the last day lines up with the last day of a rental period. | Sources: Wisconsin Legislative Council: Information Memorandum IM-2024-12 (landlord-tenant law); Wisconsin Legislature: Wis. Stat. 704.19 (Notice terminating periodic tenancies), checked November 2026 (Wis. Stat. 704.19(3)) |
| Ending month-to-month (tenant) | Either side ends a periodic tenancy with at least 28 days' written notice, effective only at the end of a rental period (rent payable more often than monthly: notice equal to the rent period). | Source: Wisconsin Legislature: Wis. Stat. 704.19 (Notice terminating periodic tenancies), checked November 2026 (Wis. Stat. 704.19(2), (3)) |
| Rent increase notice | No rent increase notice period in the Legislative Council memo as read; Nolo's 50-state chart (updated 4/25/2024) says there is no Wisconsin statute on the notice required to change rent or other terms. Check the lease and any rental agreement terms. | Sources: Wisconsin Legislative Council: Information Memorandum IM-2024-12 (landlord-tenant law); Nolo (secondary source): State Rules on Notice Required to Change or Terminate a Month-to-Month Tenancy, 50-state chart (updated 4/25/2024), checked November 2026 |
| Unpaid rent notice | Month-to-month: a 14-day notice with no right to cure, or a 5-day notice with a right to cure. Lease of one year or less: 5-day notice with a right to cure. Lease over one year: 30-day notice with a right to cure. | Source: Wisconsin Legislative Council: Information Memorandum IM-2024-12 (landlord-tenant law), checked November 2026 (Wis. Stat. 704.17) |
| Entry notice | At least 12 hours' advance notice, during reasonable hours. | Source: Wisconsin Department of Agriculture, Trade and Consumer Protection: Landlord/Tenant Guide, checked November 2026 (Wis. Admin. Code ATCP 134.09(2)) |
| Late fee limits | Only if the rental agreement specifically provides for it; no fee for not paying a late fee. No cap stated. | Source: Wisconsin Department of Agriculture, Trade and Consumer Protection: Landlord/Tenant Guide, checked November 2026 (Wis. Admin. Code ATCP 134.09(8)) |
More: Notice periods by state · Notice date calculator
Eviction case, in order (9 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: Month-to-month: a 14-day notice with no right to cure, or a 5-day notice with a right to cure. Lease of one year or less: 5-day notice with a right to cure. Lease over one year: 30-day notice with a right to cure.
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
All eviction actions are heard in small claims court, in the county where the rental is.
The statutes require all eviction actions to be heard in small claims court
Source: Wisconsin Legislative Council: Eviction of a Residential Tenant (IM-2024-12, rev. Dec. 16, 2024), checked November 2026
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ConfirmedFiling fee
$94.50 to file a small claims eviction in both county clerk pages read (Clark and Jefferson); personal service is required and its cost is extra.
If this is an eviction action the fee is $94.50 and personal service is required.
Source: Clark County, Wisconsin: Small Claims Information, checked November 2026
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
All parties must attend the first court date (the return date).
All parties are required to attend the first court date.
Source: Wisconsin Court System: Basic Steps for Handling Small Claims for Eviction Actions (SC-6010V, 09/24), checked November 2026
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- Hearing or trial
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ConfirmedHearing after filing
In an eviction the summons sets the return date (the first court date) 5 to 25 days after the summons is issued, and it must be served at least 5 days before that date (the dates here count from filing).
not less than 5 days nor more than 25 days from the issue date
Source: Wis. Stat. § 799.05 Summons (Wisconsin State Legislature), checked November 2026
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- Judgment and the writ The order that lets the officer act.
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ConfirmedJudgment to writ
The court orders the writ at judgment; in hardship cases it can stay issuance up to 30 days, on condition the tenant pays the rent due.
the court shall immediately order that a writ of restitution be issued
Source: Wisconsin Statutes 799.44 and 799.45, checked November 2026
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- Lockout Carried out by an officer, not by either side.
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ConfirmedWrit to lockout
The landlord delivers the writ to the sheriff within 30 days of issuance; the sheriff executes it within 10 days of receiving it.
within 10 days of receiving the writ
Source: Wisconsin Legislative Council: Eviction of a Residential Tenant (IM-2024-12, rev. Dec. 16, 2024), checked November 2026
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ConfirmedWho carries out the lockout
Only the sheriff can execute the writ of restitution.
Only the sheriff has the authority to execute the writ of restitution.
Source: Wisconsin Legislative Council: Eviction of a Residential Tenant (IM-2024-12, rev. Dec. 16, 2024), checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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ConfirmedPaying to stop the case
The tenant may have the option to pay the outstanding rent to stop the eviction process.
the tenant may have the option to pay the outstanding rent to stop the eviction process.
Source: Wisconsin Legislative Council: Eviction of a Residential Tenant (IM-2024-12, rev. Dec. 16, 2024), checked November 2026
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ConfirmedRight to counsel (statewide)
No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.
An eviction right to counsel is created by an enacted law that, at a minimum:
Source: National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026), checked November 2026
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check Wisconsin Legislative Council: Eviction of a Residential Tenant (IM-2024-12, rev. Dec. 16, 2024). Not confirmed on an official page we opened.
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Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Answer or appear | Saturday, March 6, 2027 |
| Hearing or trial | Saturday, March 6, 2027 |
| Judgment | Saturday, March 6, 2027 |
| Writ or warrant of possession | Saturday, March 6, 2027 |
| Earliest lockout | Saturday, March 6, 2027 |
More: Wisconsin eviction process · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$10,000: the most a small claims case can ask for.
Wis. Stat. 799.01 (2023-24 statutes, published 5-1-25): money-only civil actions of $10,000 or less; tort/personal injury claims $5,000 or less; evictions regardless of rent claimed. Replevin: non-consumer property valued at $10,000 or less, or consumer credit with amount financed of $25,000 or less (Wisconsin court system guide SC-6000V, 02/23).
Filing fee to start a case: $94.50.
Source: Wisconsin court system: Basic Guide to Small Claims (SC-6000V, 02/23), as posted by Winnebago County, checked November 2026
More: Wisconsin small claims court
Still to confirm
- Diversion or mediation (statewide): check Wisconsin Legislative Council: Eviction of a Residential Tenant (IM-2024-12, rev. Dec. 16, 2024)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in Wisconsin?
No maximum in ATCP 134.06.
How long does a Wisconsin landlord have to return a deposit?
Within 21 days after: the rental agreement ends (tenant leaves on time); the agreement's end, or the new tenant's start if re-rented sooner (tenant leaves early); or the date the landlord learns the tenant left (tenant leaves late) (704.28(4)). What goes with it: A written statement describing each item of physical damage or other claim against the deposit and the amount withheld for each, with the deposit balance within 21 days (ATCP 134.06(2), (4)(a)).
How much notice ends a month-to-month tenancy in Wisconsin?
From the landlord: A 28-day notice, no reason needed; the last day lines up with the last day of a rental period. From the tenant: Either side ends a periodic tenancy with at least 28 days' written notice, effective only at the end of a rental period (rent payable more often than monthly: notice equal to the rent period).
What notice comes before an unpaid-rent case in Wisconsin?
Month-to-month: a 14-day notice with no right to cure, or a 5-day notice with a right to cure. Lease of one year or less: 5-day notice with a right to cure. Lease over one year: 30-day notice with a right to cure.
How much notice before a landlord enters a rental in Wisconsin?
At least 12 hours' advance notice, during reasonable hours.
How long does an eviction case take in Wisconsin?
Time to answer or appear: At the hearing. Hearing after filing: 5 to 25 days. Judgment to writ: Up to 30 days. Writ to lockout: Up to 10 days. These are the stated rules; the court's calendar often takes longer.
What does it cost to file an eviction case in Wisconsin?
$94.50 to file a small claims eviction in both county clerk pages read (Clark and Jefferson); personal service is required and its cost is extra.
Related: Landlord rules by state · Kits for landlords