Landlord Entry and Showings When Moving Out in Wisconsin

Moving out of your apartment in Wisconsin can be stressful, especially if your landlord wants to show the unit to prospective renters while you are packing up. Understanding your rights and your landlord’s obligations under Wisconsin law can help ensure a smoother transition.

When Can a Landlord Show Your Apartment in Wisconsin?

In Wisconsin, landlords do have the right to show your rental unit to prospective tenants or buyers once they've received notice that you are moving out. However, this right is balanced by several legal protections for renters.

• Advance Notice: Landlords must give you reasonable advance notice—typically at least 12 hours—before entering your apartment for showings.
• Reasonable Times: Landlord showings must be at reasonable times, generally during daytime hours unless you agree otherwise.
• Purpose of Entry: Showing the unit to prospective renters, buyers, or contractors preparing for re-rental is a permitted reason for entry under state law.

These requirements come from Wisconsin Statute § 704.05: Rights and Duties of Landlord and Tenant.¹

Your Rights During Apartment Showings

As a tenant, you retain several important rights:

• You do not have to leave your apartment during a showing, though some renters prefer to be absent.
• You can request that your landlord schedules showings at specific times for your convenience, though they do not have to honor every request.
• The landlord cannot show the apartment excessively or harass you.

If you feel the landlord is not respecting your rights or notification requirements, you can submit a written complaint or mediation request.

Notification Forms and Practical Steps

There is no state-mandated "Landlord Entry Notice" form in Wisconsin, but the law requires landlords to provide proper notification. Many landlords use written notices, delivered in person, by email (if agreed), or posted on the door. If you need to keep a record, you can document all communications.

• Example: If you receive a text or email from your landlord at noon saying they will show the apartment at 5 p.m. the same day, that qualifies as at least 12 hours’ notice.
• If your landlord enters without permission or notice, you may file a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).

If possible, communicate in writing with your landlord about showing schedules, and keep copies for your records.

What If the Landlord Violates Entry Laws?

If your landlord fails to provide proper notification, enters at unreasonable hours, or otherwise violates your rights, you have options:

• Send a polite but firm written notice referencing Wisconsin’s entry requirements.
• Contact Wisconsin DATCP for mediation or to submit a complaint using their Tenant Complaint Form (ATCP-5490).
• If you suffer damages, you may pursue action in small claims court.

Relevant Official Forms

• Tenant Complaint Form (ATCP-5490): Used to report violations of landlord-tenant law, such as illegal entry without notice. Download from DATCP. Complete and return the form by mail, email, or fax as instructed on the DATCP Landlord-Tenant Resources page.

Key Legislation and Tribunals

• Wisconsin Statutes Chapter 704.05 - Governs landlord and tenant rights, including entry and notice requirements.
• Tribunal/Agency: Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) manages landlord-tenant disputes.

Frequently Asked Questions

1. Can my landlord show my apartment while I’m still living there in Wisconsin?
   Yes, your landlord can show your unit to potential renters or buyers, but only after providing at least 12 hours’ advance notice and at reasonable times.
2. What qualifies as reasonable notice for apartment showings?
   Wisconsin law defines reasonable notice as generally 12 hours or more before the landlord enters your unit for showings or inspections.
3. Do I have to let the landlord in if I didn’t get notice?
   No, you do not have to allow entry if your landlord failed to notify you in advance, except in true emergencies like a fire or flood.
4. What can I do if my landlord shows up without notice?
   You can file a complaint with DATCP using the Tenant Complaint Form (ATCP-5490).
5. Can I refuse showings at inconvenient times?
   You can ask for alternative times, but as long as the landlord provides proper notice and the time is reasonable, you generally cannot outright refuse every showing.

Key Takeaways

• Wisconsin law allows landlords to show your apartment during your move-out period—but only with proper notice and at reasonable times.
• You can document communications and, if necessary, file a formal complaint with DATCP if your landlord violates these requirements.
• Staying informed about your rights can help ease the move-out process and minimize disputes.

Need Help? Resources for Renters

• Wisconsin DATCP: Landlord-Tenant Resources – Guidance, complaint forms, and rights information.
• Tenant Complaint Form (ATCP-5490) – Report landlord violations and request mediation.
• Wisconsin Statutes § 704.05 – Full text of entry and tenant protections.
• Wisconsin State Government – Find additional tenant support and legal resources.

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1. Wisconsin Statutes § 704.05: Rights and Duties of Landlord and Tenant
2. DATCP Landlord-Tenant Resources
3. DATCP Tenant Complaint Form (ATCP-5490)

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