Wisconsin Laws for Airbnb and Short-Term Subletting

If you rent in Wisconsin and are thinking about listing your apartment or a room on Airbnb, it’s important to understand the state’s rules on short-term rentals. This guide explains what Wisconsin law says about subletting, Airbnb, and short-term hosting—plus your rights and responsibilities as a tenant.

Understanding Short-Term Rentals and Subletting in Wisconsin

Short-term rentals typically refer to renting all or part of your rented home for periods shorter than 30 consecutive days. Popular platforms like Airbnb connect hosts with guests for these brief stays. However, your ability to legally host depends on state law, your lease terms, and sometimes local (city) ordinances.

What the Law Says About Subletting Your Rental

• No automatic right to sublet: In Wisconsin, tenants do not have an absolute legal right to sublease unless their rental agreement allows it.¹
• Landlord’s written consent is usually required: Most standard Wisconsin leases prohibit subletting or Airbnb hosting without the landlord's written permission.
• Check your lease: If your lease is silent or unclear, get written confirmation from your landlord before advertising your rental as an Airbnb.

Local Ordinances Matter

Some Wisconsin cities—like Madison and Milwaukee—have additional rules for short-term hosting, such as registration or safety requirements. Always check with your local housing department before listing a property.

Key Wisconsin Laws Governing Short-Term Renting

• Primary legislation: The Wisconsin Statutes Chapter 704 – Landlord and Tenant is the main legal code covering rental agreements, subletting, and tenant rights.¹
• Short-term rental provision: State law (with some exceptions) allows municipalities to regulate rentals under 30 days. However, they cannot prohibit rentals of seven days or longer if certain conditions are met. See Wis. Stat. § 66.1014 – Regulation of Short-Term Rentals.²

Summary: Wisconsin law gives both landlords and cities a say in whether your unit can be used for short-term rentals or subletting. Make sure you have all approvals before proceeding.

Risks of Unauthorized Airbnb Hosting

• Violating your lease by subletting or hosting without consent can be grounds for eviction.
• You could be liable for damages or legal costs caused by short-term guests.
• Local fines may apply if you operate an unregistered short-term rental in a city with specific requirements.

Official Forms for Subletting or Making Rental Changes

• Rental Agreement Amendment (No official state form): If your landlord agrees to let you sublet or host on Airbnb, put it in writing. Use a signed agreement describing any new terms, dates, and obligations. Example: Jane wants to sublet her apartment for the summer. Jane and her landlord both sign an amendment clearly allowing the sublet for June-August.
• Notice of Sublease Request (No official form): Submit your request in writing, outlining: the subtenant’s name, proposed dates, and how the arrangement will work (including Airbnb guests if relevant). For sample letters and advice, see: Wisconsin Landlord-Tenant Guide.
• Complaint/Inquiry Form (DATCP-Online): If you face disputes about subletting or feel your rights are violated, you can submit a landlord/tenant complaint via the DATCP Consumer Complaint Form. Example: John’s landlord refuses a reasonable sublet request and does not cite any specific lease prohibition; John can ask DATCP for help.

What Tribunal Handles Rental Disputes?

Wisconsin rental housing disputes—such as those involving subletting or eviction—may be handled in your local circuit court. The state agency offering information, complaints, and enforcement is the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).

How to Seek Permission for Subletting or Short-Term Rental

• Check your lease for any subletting or Airbnb clauses.
• If your lease prohibits subletting, you must get your landlord’s written consent before proceeding.
• If allowed, draft a written sublet request or amendment and send it to your landlord for approval.
• Only list your property after receiving signed, written permission or an amended lease.

Taking these steps protects both you and your landlord from misunderstandings or legal issues.

FAQ

1. Can my landlord prohibit me from using Airbnb in Wisconsin?
   Yes, landlords can include clauses in your lease that ban or restrict sublets and short-term hosting. Written consent is usually required.
2. Do I need to register my Airbnb with the city?
   Some Wisconsin cities require hosts to register or obtain permits. Check with your local city hall or housing department before hosting.
3. If my lease doesn’t say anything about subletting, can I do it?
   No. Without clear approval in writing, you risk violating your lease—even if it’s silent on sublets. Always ask your landlord and get their agreement.
4. What happens if I sublet or host on Airbnb without permission?
   Your landlord may pursue eviction or other legal remedies. You could also face local fines for unregistered rentals in regulated areas.
5. Where do I file a dispute over a sublet or rental issue?
   You may file a complaint with the Wisconsin DATCP or take your case to your local circuit court.

Key Takeaways for Wisconsin Renters

• Always get your landlord’s written consent before subletting or using Airbnb.
• Check your lease and local city rules on short-term rentals.
• Use official forms and put all agreements in writing to avoid disputes.

Reviewing your rights and following correct procedures can help you avoid legal trouble if you want to sublet or host short-term guests.

Need Help? Resources for Renters

• Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) – Landlord/Tenant Resources
• Wisconsin Landlord-Tenant Legislation – Chapter 704
• DATCP Landlord/Tenant Complaint Form
• Find Your Local Circuit Court
• Wisconsin Landlord-Tenant Guide

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1. Wisconsin Statutes Chapter 704 – Landlord and Tenant
2. Wis. Stat. § 66.1014 – Regulation of Short-Term Rentals

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