Wisconsin tenant screening and landlord-tenant law

Wisconsin does not appear to cap the dollar amount of an application fee outright, but ATCP 134.05(4) restricts what a landlord can charge a nonrefundable fee for: a landlord generally may not charge a nonrefundable fee for a credit report or background check unless it reflects the landlord's actual cost, and must refund a fee if the check was not actually performed as represented.

This is a notable area of Wisconsin law: Wis. Stat. §106.50(1m) makes both "arrest record" and "conviction record" protected classes under the state's fair housing law — a broader protection than most states offer. A landlord generally cannot deny housing based on an arrest that didn't lead to conviction, or based on a conviction unless the circumstances of that conviction substantially relate to the circumstances of the specific rental (for example, a past conviction for property destruction being relevant to a rental decision). Given how fact-specific and litigated this standard is, landlords should review the current statute and recent Wisconsin case law, or consult counsel, before finalizing a criminal-history policy.

Wis. Stat. §106.50(2m) makes "lawful source of income" a protected class, which the statute defines to include income from social security, supplemental security income, or other government assistance, among other sources. Because Wisconsin's treatment of housing vouchers has shifted over time through legislative amendments, landlords should directly verify the current, precise scope of voucher coverage and any opt-out provisions against the statute's latest text.

Federal FCRA §615 sets the baseline pre-adverse-action and adverse-action notice requirements. Wisconsin's ATCP 134 rules add a related but distinct requirement: fees tied to background/credit checks must reflect actual cost and be refunded if the check wasn't performed, independent of whatever FCRA's own process requires.

Wisconsin does not statutorily cap the dollar amount of a security deposit under ATCP 134. Under ATCP 134.06, a landlord generally must return the deposit, or provide a written statement of deductions, within 21 days after the tenant surrenders the unit (or 21 days after the end of the tenancy, whichever is later) — with deductions generally limited to specific categories the tenant was notified of in advance (such as damage beyond normal wear and tear, unpaid rent, and specific waste/neglect situations), unless the lease provides otherwise consistent with the rule's terms.

Wisconsin broadly preempts local rent control: Wis. Stat. §66.1015 generally prohibits municipalities from enacting ordinances that control rent on private property. Wisconsin has no statewide just-cause eviction requirement. For nonpayment of rent, Wisconsin law (Wis. Stat. §704.17) generally requires a 5-day notice to pay or vacate for tenancies of one year or less without a specific lease provision addressing default (14 days for a curable breach in some tenancy structures, or immediate termination in narrower default scenarios depending on lease terms) — the exact notice period depends heavily on lease type and specific circumstances, so landlords should confirm the applicable provision of §704.17 for their situation rather than assume a single uniform number.

Wisconsin's Chapter 66 broadly limits municipal authority to regulate landlord-tenant relationships beyond what ATCP 134 and state statutes already establish, including barring many local ordinances that would impose additional landlord obligations (such as local security-deposit rules going beyond ATCP 134, or general local just-cause requirements) — Wis. Stat. §66.0104 specifically preempts a range of residential rental regulations local governments might otherwise adopt. Confirm current local ordinances directly against municipal code in Milwaukee, Madison, and Green Bay before making city-specific claims, since preemption scope can still leave room for narrower local rules (such as general nuisance or licensing ordinances) that don't directly conflict with state law.

Does Wisconsin limit how landlords use criminal history? Yes — Wisconsin's fair housing law protects both arrest record and conviction record, generally barring denial based on arrests that didn't lead to conviction and requiring that any conviction-based denial be substantially related to the specific rental circumstances.

Is source of income a protected class in Wisconsin? Yes, in general, including certain forms of government assistance, though the exact current scope of voucher-specific coverage should be verified against the statute's latest text.

Does Wisconsin cap security deposits? Wisconsin has no dollar cap; state law instead requires return or an itemized deduction statement within 21 days of surrender or lease-end, whichever is later.

Can Wisconsin cities enact their own rent control or landlord-tenant ordinances? Generally no — state law broadly preempts local rent control and limits additional local landlord-tenant regulation beyond the statewide ATCP 134 framework.

Checkr helps landlords and property managers run consistent, FCRA-compliant tenant background checks that account for state-specific rules like Wisconsin's arrest- and conviction-record protections. Get started with Checkr to build a screening process that applies the same way to every applicant.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.