Sources checked:
Quick answer. Wisconsin: deposit returned within 21 days; 28-day notice to end month-to-month; 12-hour entry notice; $10,000 small claims limit. 13 of 23 items are confirmed on official pages; 10 are marked not confirmed, with the page to check.
Key numbers
- 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
- 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 (1 of 6 confirmed)
Law read: Wis. Stat. 704.28 and Wis. Admin. Code ATCP 134.06.
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Not confirmedDeposit limit
Not confirmed — check Wisconsin Legislature: Wis. Stat. 704.28. Not confirmed from official text. Check Wis. Stat. 704.28 and ATCP 134.06.
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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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Not confirmedItemized list of deductions
Not confirmed — check Wisconsin Legislature: Wis. Stat. 704.28. Not confirmed from official text. Check Wis. Admin. Code ATCP 134.06(4) (the statute's annotation points there).
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Not confirmedInterest on the deposit
Not confirmed — check Wisconsin Legislature: Wis. Stat. 704.28. Not confirmed from official text. Check ATCP 134.06.
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Not confirmedWhere the deposit is held
Not confirmed — check Wisconsin Legislature: Wis. Stat. 704.28. Not confirmed from official text. Check ATCP 134.06.
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Not confirmedPenalty the law states
Not confirmed — check Wisconsin Legislature: Wis. Stat. 704.28. Not confirmed from official text. Check Wis. Stat. 100.20(5) and ATCP 134.
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (5 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. | Source: Wisconsin Legislative Council: Information Memorandum IM-2024-12 (landlord-tenant law), 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 | Not confirmed — check Wisconsin Legislative Council: Information Memorandum IM-2024-12 (landlord-tenant law). Not stated in the memo or guide. Check Wis. Stat. chapter 704. | |
| 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 (6 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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Not confirmedFiling fee
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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- 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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Not confirmedHearing after filing
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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- 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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Not confirmedRight to counsel (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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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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More: Eviction process timeline by state · 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).
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
- Deposit limit: check Wisconsin Legislature: Wis. Stat. 704.28
- Itemized list of deductions: check Wisconsin Legislature: Wis. Stat. 704.28
- Interest on the deposit: check Wisconsin Legislature: Wis. Stat. 704.28
- Where the deposit is held: check Wisconsin Legislature: Wis. Stat. 704.28
- Penalty the law states: check Wisconsin Legislature: Wis. Stat. 704.28
- Rent increase notice: check Wisconsin Legislative Council: Information Memorandum IM-2024-12 (landlord-tenant law)
- Filing fee: check Wisconsin Legislative Council: Eviction of a Residential Tenant (IM-2024-12, rev. Dec. 16, 2024)
- Hearing after filing: check Wisconsin Legislative Council: Eviction of a Residential Tenant (IM-2024-12, rev. Dec. 16, 2024)
- Right to counsel (statewide): check Wisconsin Legislative Council: Eviction of a Residential Tenant (IM-2024-12, rev. Dec. 16, 2024)
- Diversion or mediation (statewide): check Wisconsin Legislative Council: Eviction of a Residential Tenant (IM-2024-12, rev. Dec. 16, 2024)
Wisconsin kit
Wisconsin Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the Wisconsin return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
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 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)).
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. 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.
Can a Wisconsin deposit dispute go to small claims court?
The small claims limit in our data: $10,000: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
How much can a security deposit be in Wisconsin?
Not confirmed in our data files. Check Wisconsin Legislature: Wis. Stat. 704.28 (https://docs.legis.wisconsin.gov/statutes/statutes/704/28?view=section).
Related: Landlord rules by state · Kits for landlords