Question 1

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

Question 2

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 3

What Should I Do If I Receive an Eviction Notice in Wisconsin?

Accepted Answer

Step 1: Understand the Eviction Notice

First, carefully read the eviction notice to understand:

The reason for eviction (non-payment of rent, lease violation, or other issue)
The amount of time you have to fix the issue (if allowed)
The deadline to move out
Whether the notice is a pay-or-quit notice (giving you the chance to correct the issue) or an unconditional quit notice (requiring you to leave without an option to fix the problem)

Step 2: Know Your Rights

Wisconsin law requires landlords to follow a legal eviction process — they cannot simply lock you out or remove your belongings without a court order. This is called illegal "self-help" eviction, and it's against the law.

Landlords must:

Provide proper written notice before filing for eviction
Go through the court system to obtain an eviction order
Allow tenants to stay in the unit until a court order is issued

Step 3: Respond to the Notice

If the notice allows you to fix the issue (like paying overdue rent or stopping a lease violation), try to resolve it before the deadline.

Always communicate with your landlord in writing and keep copies of all messages.

If you believe the eviction is unfair or unlawful, do not ignore the notice — you must show up to court if the landlord files for eviction.

Step 4: Get Legal Help

If you're unsure how to respond or believe your rights are being violated, reach out to these resources immediately:

Tenant Resource Center: Offers free advice and mediation services — www.tenantresourcecenter.org
Legal Action of Wisconsin: Provides free legal aid for low-income renters — www.legalaction.org
Wisconsin Judicare: Legal services for northern Wisconsin — www.judicare.org

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

Where can I find rental listings and housing resources for all of Milwaukee?

Accepted Answer

If you want to access additional resources, explore more rental options or understand how leasing and renting works across Milwaukee, the county offers a centralized housing directory that includes listings from cities throughout the county. It’s a great place to find additional rentals and access countywide housing programs and resources. See the directory for Milwaukee apartments and rentals here.

Question 6

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

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