Skip to main content
CityRuleLookup
Rental Property Rules

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

By CityRuleLookup Editorial Team

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 2 specific rules on the books covering different aspects of rental property rules, and some of them might surprise you.

Repairs & Habitability

Madison's Minimum Housing Code, MGO § 27.04, sets hard habitability minimums for every rental unit: a working kitchen sink, flush toilet, lavatory and bathtub or shower connected to hot and cold water, hot water delivered at 120°F, functioning electrical service, and a heating system that keeps habitable rooms at least 67°F.

Key details: Governing section: MGO § 27.04(2). Minimum heat: 67°F in habitable rooms/kitchens/baths. Hot water minimum: 120°F at fixtures. Electrical minimum: 3 watts per sq ft per unit. Penalty: $1–$1,000 forfeiture per violation (§27.11).

A violation of Chapter 27's minimum habitability standards is enforceable by the Building Inspection Division and carries a forfeiture of not less than $1 nor more than $1,000 under MGO § 27.11, plus costs, with each day the violation continues treated as a separate offense; uncorrected "rent impairing" violations can also trigger tenant rent abatement under § 32.04.

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.

The Bottom Line

Madison's rental property rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Madison is broadly strict or permissive.

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.