Wisconsin Statewide Rule

Wisconsin Preempts Local Just-Cause Eviction Rules

Few RestrictionsApplies statewide across Wisconsin (2026)

Key Facts

Preemption Statute: Wis. Stat. 66.0104
Eviction Code: Wis. Stat. ch. 704
Tenant Rule: ATCP 134
Local Just-Cause: Not allowed
Notice Periods: State law only

Last verified: August 21, 2026Source: Wisconsin State Legislature

Summary

Wisconsin Statute 66.0104 and Act 317 prevent municipalities from limiting landlord-tenant relationships beyond state law, including any local just-cause eviction requirement. Eviction grounds and procedures are governed exclusively by Wis. Stat. ch. 704 and ATCP 134.

(a) A periodic tenancy or a tenancy at will can be terminated by either the landlord or the tenant only by giving to the other party written notice complying with this section, unless any of the following conditions is met: 704.19(2)(a)1.1. The parties have agreed expressly upon another method of termination and the parties' agreement is established by clear and convincing proof. 704.19(2)(a)2.2. Termination has been effected by a surrender of the premises. 704.19(2)(a)3.3. Subsection (6) applies. 704.19(2)(b)(b) 704.19(2)(b)1.1. A periodic tenancy can be terminated by notice under this section only at the end of a rental period.

Source: Wisconsin State LegislatureView official code

Full Breakdown

Wis. Stat. 66.0104 strips Wisconsin municipalities of authority to regulate most aspects of the landlord-tenant relationship. Cities and counties cannot require landlords to have specific grounds before terminating tenancies, cannot extend notice periods beyond state law, and cannot impose communication or relocation obligations beyond what state and federal law require. Eviction grounds, notices, and procedures are set by Wis. Stat. ch. 704 (residential tenancies) and Wisconsin Department of Agriculture, Trade and Consumer Protection rule ATCP 134. Landlords may pursue non-renewal at the end of a term, nonpayment, or lease-violation evictions under uniform state rules without local just-cause overlays.

Violations & Penalties

Local just-cause eviction ordinances are preempted and unenforceable. Affected landlords may sue to invalidate them; tenants cannot rely on a local ordinance to defeat an otherwise lawful state-law eviction.

Frequently Asked Questions

Can a Wisconsin city require just-cause for evictions?

No. Wis. Stat. 66.0104 preempts municipal regulation of most landlord-tenant matters, including rules that would require landlords to show specific grounds before non-renewal or termination.

What law governs evictions in Wisconsin?

Residential evictions are governed by Wis. Stat. ch. 704 and ATCP 134, which set notice periods, grounds for termination, and small claims procedures uniformly statewide.

Can a city extend tenant notice periods beyond state law?

No. Local governments cannot impose notice or communication requirements beyond what state or federal law requires under the 66.0104 preemption framework.

Sources

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