Wisconsin Statewide Rule
Wisconsin Landlord Entry Rules (Wis. Stat. Sec. 704.05(2); ATCP 134.09(2))
Key Facts
- Notice required
- At least 12 hours (ATCP 134.09(2))
- Statutory basis
- Wis. Stat. Sec. 704.05(2)
- Allowed purposes
- Inspect, repair, show the unit
- Emergency entry
- Allowed without notice to protect premises
- Tenant remedy
- Double damages + attorney fees (Sec. 100.20(5))
Summary
Wis. Stat. Sec. 704.05(2) lets a landlord enter only on advance notice and at reasonable times to inspect, repair, or show the unit. Wis. Admin. Code ATCP 134.09(2) makes that concrete: at least 12 hours' advance notice unless the tenant consents to less. A landlord may enter without notice in an emergency to preserve or protect the premises.
(2) Possession of tenant and access by landlord. Until the expiration date specified in the lease, or the termination of a periodic tenancy or tenancy at will, and so long as the tenant is not in default, the tenant has the right to exclusive possession of the premises, except as hereafter provided. The landlord may upon advance notice and at reasonable times inspect the premises, make repairs and show the premises to prospective tenants or purchasers; and if the tenant is absent from the premises and the landlord reasonably believes that entry is necessary to preserve or protect the premises, the landlord may enter without notice and with such force as appears necessary.
Full Breakdown
Under Wis. Stat. Sec. 704.05(2), 'the landlord may upon advance notice and at reasonable times inspect the premises, make repairs and show the premises to prospective tenants or purchasers,' and may enter without notice when reasonably necessary to preserve or protect the premises, using only such force as appears necessary. Wis. Admin. Code ATCP 134.09(2) fixes the notice amount: a landlord must give 'at least 12 hours advance notice unless the tenant, upon being notified of the proposed entry, consents to a shorter time period.' Entry is allowed only to inspect, make repairs, or show the premises, and the landlord must announce his or her presence and identify themselves on request. Emergency entry to protect the premises does not require the 12-hour notice.
Violations & Penalties
Entering without the required 12-hour notice (outside an emergency) is a prohibited practice under ATCP 134.09. A tenant may recover double damages plus reasonable attorney fees under Wis. Stat. Sec. 100.20(5) for a violation of the ATCP 134 rules.
Frequently Asked Questions
How much notice must a Wisconsin landlord give before entering?
Can a Wisconsin landlord enter without notice?
What can a Wisconsin tenant do about illegal entry?
Sources
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