Wisconsin Occupancy Limits: Laws on Overcrowding & Shared Housing

Understanding occupancy limits is important for renters sharing housing or considering roommates in Wisconsin. These rules help ensure safe living spaces and protect both renters and landlords. This guide explains Wisconsin’s legal limits, key terms, complaint procedures, official forms, and resources—all designed to make the law clearer for everyone.

What Are Occupancy Limits in Wisconsin Rentals?

Occupancy limits refer to the maximum number of people allowed to live in a rental unit. Generally, limits are set to prevent overcrowding and to ensure building safety, comfort, and compliance with state and local codes.

• State Law: Wisconsin does not have a specific statewide law setting the exact number of occupants per unit, but it follows federal guidance and local ordinances.
• Common Standard: Many Wisconsin cities use the “two plus one” standard (two people per bedroom, plus one additional person). For example, a two-bedroom unit may allow up to five people.
• Local Variations: Your city or county may set stricter limits based on square footage, fire codes, or zoning. Always check with your local building department.

Wisconsin Statute & Tenant Rights

Wisconsin’s main landlord-tenant law, Wisconsin Statutes Chapter 704 – Landlord and Tenant Law, does not set state-wide occupancy limits but does require landlords to provide safe, habitable housing. Overcrowding may violate these standards.^[1]

Overcrowding: What It Means for Renters

Overcrowding happens when too many people live in a rental based on local codes, safety standards, or lease terms. Besides safety risks, overcrowding can lead to:

• Increased wear and tear
• Potential lease violations
• Possible fines from city or county housing inspectors

If overcrowding is suspected, landlords may issue a warning or notice to comply with occupancy rules.

Key Legal Protections and Resources

Eviction and Notice Requirements

Landlords cannot evict tenants or enforce occupancy limits without following the proper legal process. In Wisconsin, landlords must give written notice before beginning eviction due to occupancy violations.

• 5-Day Notice to Cure or Vacate (Form): Used if a tenant can fix the violation (e.g., reduce number of occupants). If the tenant corrects the issue within five days, they may remain.
• 14-Day Notice to Vacate (Form): Used for non-curable violations. The tenant must move out within 14 days.

Download sample notices and guidance from the Wisconsin Department of Administration's Landlord-Tenant Guide.^[2]

Official Tribunal: Handling Disputes

If you and your landlord cannot resolve an overcrowding issue, you may pursue action in your local civil court, known as Small Claims Court. This is the official body for residential tenancy disputes in Wisconsin.^[3]

Relevant Official Forms

• 5-Day Notice to Cure or Vacate (no official state form; see sample template here): Used when a landlord believes there are too many occupants and gives the tenant a chance to fix it. For example, if a friend moved in without permission, you could remove the extra person to comply.
• 14-Day Notice to Vacate (no official state form; see court eviction filing forms): Used if the violation can’t be fixed, such as repeated overcrowding, requiring the tenant to leave.

How to Respond to an Overcrowding Notice

• Read the notice thoroughly and check if you are violating the lease or local occupancy standards.
• If possible, correct the situation within the period given (usually 5 days).
• If you disagree or cannot comply, contact legal aid or your local city housing office for help.
• If an eviction begins, attend your Small Claims Court hearing and bring all documentation.

Common Questions About Occupancy Limits in Wisconsin

1. How many people can legally live in my rental unit in Wisconsin?
   The number usually depends on the “two plus one” rule and local building codes. Check your lease and local ordinances for exact limits.
2. Can my landlord evict me for having too many roommates?
   Yes, if you exceed the lease or local limits and do not correct the violation after notice, following Wisconsin’s required eviction process.
3. What should I do if I receive a notice about overcrowding?
   Address the issue promptly—either by reducing the number of occupants or consulting a local housing resource for advice.
4. Where can I file a complaint if I suspect my landlord is misusing occupancy rules?
   Contact your local housing department or file a complaint in Small Claims Court in Wisconsin.

Conclusion: Key Takeaways for Wisconsin Renters

• Occupancy limits are set locally and help keep rentals safe and comfortable.
• Your landlord must provide written notice if there’s an occupancy violation; you have a right to respond or correct it.
• Help is available from Wisconsin’s Department of Administration, local building departments, and Small Claims Court if disputes arise.

Need Help? Resources for Renters

• Wisconsin Department of Administration's Landlord-Tenant Guide – Official guidance and sample notices
• Wisconsin Small Claims Court Self-Help – Filing disputes or defending an eviction
• Wisconsin DATCP Landlord-Tenant Guide – Additional renter resources
• Contact your local city housing office for local occupancy rules

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1. Wisconsin Statutes Chapter 704 – Landlord and Tenant Law
2. Wisconsin Department of Administration: Landlord-Tenant Guide
3. Wisconsin Court System: Tenant-Landlord Self-Help

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