Rental Property Rules in Madison, WI: What Residents Actually Need to Know

If you live in Madison or are thinking about moving there, rental property rules are one of those things you probably won't think about until they affect you directly. Madison has 10 specific rules on the books covering different aspects of rental property rules, and some of them might surprise you.

Source-of-Income Discrimination

Wisconsin Act 317 (2017) preempts Madison's earlier ban on source-of-income housing discrimination, except that landlords may still not refuse Section 8 vouchers when public-housing authorities require nondiscrimination. Madison enforces the remaining protections through Equal Opportunities Ord. Ch. 39.

Key details: Local code: MGO Ch. 39. State preemption: Wis. Act 317 (2017). Voucher status: May be refused. Still protected: SSI, child support, VA. Enforcement: Dept. of Civil Rights.

Substantiated discrimination claims permit damages, civil penalties, and rental orders under Madison Ord. Sec. 39.03; willful violations may bring forfeitures of up to $1,000 per occurrence.

Relocation Assistance

Madison cannot mandate private landlord-funded relocation payments because of Wisconsin Act 76 (2018). Displacement assistance is instead handled through CDA emergency programs and federal Uniform Relocation Act funds for projects using federal aid.

Key details: Local mandate: Preempted by Act 76. Federal law: URA of 1970. Emergency aid: Madison CDA. Trigger: Code condemnation. Project type: Federally assisted.

URA and CDA disputes are handled through federal and city administrative appeals; private landlord refusals to fund relocation are generally lawful under Wisconsin preemption.

If you are coming from a city with tighter rules, you will find Madison gives residents more flexibility on relocation assistance.

Security Deposit Rules

Wisconsin Act 76 (2018) preempts Madison from imposing tougher local security deposit caps. Landlords must follow the statewide ATCP 134 framework, including a 21-day return clock and itemized deductions tied to actual damages.

Key details: Return deadline: 21 days. Statute: Wis. Stat. 704.28. Rule: ATCP 134.06. Local preemption: Wis. Act 76 (2018). Penalty: Double damages + fees.

Improper withholding entitles tenants to double damages plus attorney fees under Wis. Stat. Sec. 100.20(5), recoverable in small claims court in Dane County.

Section 8 Voucher Acceptance

After Wisconsin Act 317 (2017), Madison landlords are not required to accept Section 8 housing choice vouchers. The Community Development Authority (CDA) administers vouchers, while the Tenant Resource Center maintains lists of voucher-friendly buildings.

Key details: Local PHA: Madison CDA. Mandate: No mandatory acceptance. Preemption: Wis. Act 317 (2017). Inspection: HUD HQS standards. Resource: Tenant Resource Center.

Landlords who advertise voucher acceptance and then refuse a tenant face contract claims and possible HUD program disqualification, but not local source-of-income enforcement.

If you are coming from a city with tighter rules, you will find Madison gives residents more flexibility on section 8 voucher acceptance.

No-Fault Evictions

Wisconsin permits no-fault non-renewal of month-to-month and term tenancies with 28 days written notice. Wisconsin Act 76 (2018) bars Madison from requiring just cause, so most non-renewals end the tenancy without stated reason.

Key details: Notice: 28 days written. Statute: Wis. Stat. 704.19. Preemption: Wis. Act 76 (2018). Retaliation rule: Wis. Stat. 704.45. Local just cause: Not allowed.

A non-renewal that masks retaliation or discrimination can be challenged through the Department of Civil Rights or as a defense in eviction court under Wis. Stat. 704.45.

Madison is more permissive than most cities when it comes to no-fault evictions. That said, there are still limits.

Eviction Moratorium History

During COVID-19, Madison and Dane County operated under federal CDC and Wisconsin Supreme Court rulings rather than a local moratorium. Today no local moratorium exists, and Wisconsin Act 76 prevents Madison from imposing one independently.

Key details: Status: No local moratorium. State preemption: Wis. Act 76 (2018). 2020 order: WI Emergency Order 15. Federal end: Ala. Assn. Realtors (2021). Aid channel: Tenant Resource Center.

There is no current Madison moratorium to violate, but landlord retaliation tied to past assistance applications remains actionable under Wis. Stat. 704.45.

If you are coming from a city with tighter rules, you will find Madison gives residents more flexibility on eviction moratorium history.

Tenant Anti-Harassment

Madison enforces tenant protections through the Department of Civil Rights and ATCP 134. Landlords may not retaliate against tenants who report code violations, contact the Tenant Resource Center, or organize for habitability improvements.

Key details: State rule: Wis. Stat. 704.45. Consumer rule: ATCP 134.09. Discrim claims: MGO Ch. 39. Inspector: Madison Building Insp.. Local preemption: Wis. Act 76 (2018).

Retaliation claims under Wis. Stat. 704.45 entitle a tenant to defend against eviction and recover damages plus attorney fees in Dane County Circuit Court.

Rental Registration

Madison requires rental property registration and periodic inspections under MGO Chapter 27 Building Inspection. Owners must register rental units and allow code inspections to verify habitability and safety standards.

Key details: Code: MGO Chapter 27. Agency: Building Inspection Division. Registration: Required for rentals. Inspections: Complaint and systematic. State Limits: WI Acts 76 and 317.

Operating unregistered rentals or refusing lawful inspection results in municipal citations. Unresolved code violations may lead to placarding and occupancy prohibition.

Rent Control

Wisconsin Statute 66.1015 preempts all local rent control. Madison cannot enact rent stabilization, rent caps, or just-cause eviction protections. Landlord-tenant law governed by WI Stat 704 and ATCP 134.

Key details: State Law: WI Stat 66.1015. Preemption: Total since 1995. Eviction Notice: 28 days WI Stat 704. Tenant Rights: ATCP 134. Local Authority: Habitability + discrimination only.

State preemption means any local rent control ordinance is void. Disputes under ATCP 134 enforced by DATCP and civil courts.

If you are coming from a city with tighter rules, you will find Madison gives residents more flexibility on rent control.

Just Cause Eviction

Madison follows Wisconsin Statute 704 landlord-tenant law. Wisconsin does not require just-cause eviction; landlords may terminate month-to-month tenancies with 28 days written notice. Madison adds tenant protections via MGO Chapter 32 Landlord-Tenant.

Key details: State Law: WI Stat. 704 landlord-tenant. Just Cause: Not required statewide. Month-to-Month Notice: 28 days written. Nonpayment Notice: 5-day pay or quit. Local Code: MGO Chapter 32.

Illegal self-help eviction (lockouts, utility shutoffs) is prohibited and exposes landlord to damages. Retaliation against tenants who complain to Building Inspection may void eviction.

The Bottom Line

Compared to many U.S. cities, Madison gives residents more room on rental property rules. 5 of the 10 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

This guide is based on Madison's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.