What a Wisconsin City Cannot Do to a Landlord
Program and regulatory figures verified September 15, 2026. Details change; confirm your scenario with us.
This is the reason to own rental property in Wisconsin despite the yields. No other state in our lending footprint writes this much landlord protection into statute, and almost no investor searching Wisconsin knows it exists.
What the statute does
Wis. Stat. §66.0104 is titled "Prohibiting ordinances that place certain limits or requirements on a landlord." It is a list of things a Wisconsin municipality may not do, and the list is long. It binds cities, villages, towns and counties alike.
Statutory text below is from the 2023-24 Wisconsin Statutes as updated through 2025 Wis. Act 247 and certified in effect on September 4, 2026.
Tenant screening is protected by statute
Under §66.0104(2)(a)1, no municipality may enact an ordinance that prohibits or limits a landlord from obtaining and using, or attempting to obtain and use, any of the following about a tenant or prospective tenant:
- Monthly household income
- Occupation
- Rental history
- Credit information
- Court records, including arrest and conviction records, to which there is public access
- Social security number or other proof of identity
And under subdivision 2, no ordinance may limit how far back in time a prospective tenant's credit information, conviction record or previous housing may be taken into account.
Understand what that forecloses. Ordinances restricting criminal-record screening, limiting credit lookback periods, or requiring a landlord to ignore older evictions have become common in large American cities. Wisconsin removed the authority to enact them.
Pre-leasing and showings
Under §66.0104(2)(a)3 and 4, no municipality may prohibit or limit a landlord from entering into a rental agreement with a prospective tenant during the current tenant's tenancy, or from showing the premises to a prospective tenant during that tenancy.
That protects the thing that actually controls your vacancy: the ability to lease the next tenancy before the current one ends. A municipality cannot force a Wisconsin landlord into a gap month.
Deposits, inspections and damage recovery
- §66.0104(2)(b): no ordinance may place requirements on a landlord regarding security deposits, earnest money, or pre-tenancy or post-tenancy inspections beyond the requirements in the state administrative rules on residential rental practices, ch. ATCP 134.
- §66.0104(2)(c): no ordinance may limit a tenant's responsibility, or a landlord's right to recover, for damage, waste or neglect during occupancy, or for other costs the tenant owes under the rental agreement or applicable law.
- §66.0104(2)(d): no ordinance may require a landlord to communicate to tenants anything not required by federal or state law, with a narrow carve-out for ordinances aimed at illegal narcotics manufacture, nor to report information about the landlord or a tenant to the municipality unless federal or state law requires it or it is required of all residential property owners.
The inspection limits, which are the most detailed part
Under §66.0104(2)(e)1, a rental may be inspected only in four circumstances: on a complaint by any person, as part of a designated-district program under subdivision 1m, under a §66.0119 special inspection warrant, or as required by state or federal law.
The designated-district program under subdivision 1m carries its own hard limits:
- A municipality may designate districts only where there is evidence of blight, high rates of building code complaints or violations, deteriorating property values, or increases in single-family conversions to rental.
- If no habitability violation is discovered, or one is discovered and corrected within a period of not less than 30 days, the municipality may not perform another program inspection of that property for at least 5 years.
- Two consecutive clean annual program inspections likewise trigger the 5-year pause.
- No rental property or unit that is less than 8 years old may be inspected under the program at all.
- No unit may be inspected without the occupant's consent, absent a §66.0119 warrant.
- A violation notice must explain the violation, specifying it and its exact location.
- An extension to a correction period must be granted on a showing of good cause.
And the fees are capped in dollars
This is the part that surprises people. Under §66.0104(2)(e)2, a municipality may not charge more than:
| Inspection type | Fee cap |
|---|---|
| Program inspection of a vacant unit, or of a property's exterior and common areas | $75 |
| Any other initial program inspection | $90 |
| Any second or subsequent program inspection | $150 |
| A §66.0119 special inspection warrant inspection | $150 |
| That warrant inspection where a habitability violation goes uncured past a period of at least 30 days | $300 |
And no fee at all may be charged where no habitability violation is discovered, where a violation is corrected within the period established, for a re-inspection after a violation has been corrected, or where a program inspection did not occur because an occupant denied access. A municipality may raise these caps annually by no more than the greater of the change in the consumer price index or 2%.
The two companion statutes
Wis. Stat. §66.1015, captioned "Municipal rent control, inclusionary zoning, prohibited," provides that no city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit. Narrow exceptions exist for units a municipality or housing authority itself rents or subsidizes.
Wis. Stat. §66.1014 prevents a political subdivision from prohibiting the rental of a residential dwelling for 7 consecutive days or longer, a protection the Court of Appeals enforced again in 2025. See your town cannot ban your short-term rental.
Why this belongs on a lender's website
Because it changes the risk on the asset we are lending against, and because it is the honest counterweight to everything else on this site. Wisconsin's yields are thin. A Green Bay file does not clear. What Wisconsin offers instead is an operating environment where your screening cannot be restricted, your vacancy cannot be extended by ordinance, your inspection exposure is capped in both frequency and dollars, and your rent cannot be regulated.
For a long hold, that combination is worth real basis points of risk-adjusted return, and it is the reason a Milwaukee two-flat at 7.6% is a better proposition than the same yield would be in a state where a city council can change the operating rules next year.
This page is not legal advice. Have a Wisconsin real estate attorney review your lease and your practices.
No pressure and no obligation: a 20-minute call with our team, the real full payment run against a realistic Wisconsin rent, and a straight answer on whether the deal clears before you write an offer. In this state that answer is no more often than in most, and we would rather say so early.
Frequently asked questions
Can a Wisconsin city limit how I screen tenants?
No. Wis. Stat. §66.0104(2)(a)1 bars any city, village, town or county from enacting an ordinance that prohibits or limits a landlord from obtaining and using a tenant's or prospective tenant's monthly household income, occupation, rental history, credit information, publicly accessible court records including arrest and conviction records, or Social Security number or other proof of identity.
Can a Wisconsin city limit how far back I look at a tenant's record?
No. Wis. Stat. §66.0104(2)(a)2 bars any ordinance that limits how far back in time a prospective tenant's credit information, conviction record, or previous housing may be taken into account by a landlord. Lookback-limiting ordinances have become common in large American cities; Wisconsin removed the authority to enact them.
How much can a Wisconsin city charge to inspect my rental?
Fees are capped in the statute. Under §66.0104(2)(e)2, no more than $75 for a program inspection of a vacant unit or of a property's exterior and common areas, $90 for any other initial program inspection, $150 for a second or subsequent one, and $150 for a §66.0119 warrant inspection, rising to no more than $300 only where a violation goes uncured past a period of at least 30 days.
How often can a Wisconsin municipality inspect a rental property?
Rarely. Inspection is allowed only on a complaint, under a designated-district program, under a §66.0119 warrant, or as state or federal law requires. If no habitability violation is found, or one is found and corrected within a period of at least 30 days, no further program inspection may occur for at least 5 years. No rental property or unit less than 8 years old may be inspected under the program at all.
Can a Wisconsin city stop me showing a unit before the current tenant leaves?
No. Wis. Stat. §66.0104(2)(a)3 and 4 bar any municipality from prohibiting or limiting a landlord from entering into a rental agreement with a prospective tenant during the current tenant's tenancy, or from showing the premises during that tenancy. That protects the ability to lease the next tenancy before the current one ends, which is what actually controls vacancy.
Mike Certo · NMLS #260555 · Cornerstone First Mortgage NMLS #173855 · Equal Housing Lender. Educational content, not a loan commitment and not legal or tax advice. Wisconsin statutes, assessment classifications, municipal licensing and short-term-rental ordinances change; confirm current requirements with the municipal clerk, the assessor, your CPA, or a Wisconsin real estate attorney before you buy. Loans are subject to buyer and property qualification.