Wisconsin Pet Rent Laws: What Renters Need to Know

Many renters in Wisconsin have pets and want to understand their rights when it comes to extra charges, like pet rent, pet deposits, or pet fees. This guide explains what landlords can charge, state laws concerning pet rent, and how to protect your rights in a Wisconsin rental.

Understanding Pet Rent and Fees in Wisconsin

In Wisconsin, landlords can choose whether to allow pets in their rental properties. If pets are allowed, landlords may charge additional amounts—commonly called pet rent, pet deposits, or pet fees. However, these charges are not unlimited, and renters have protections under state law.

Is Pet Rent Legal in Wisconsin?

Yes, landlords in Wisconsin are permitted to charge pet rent for tenants who wish to keep a pet, as long as it is clearly outlined in the lease agreement. There is no statewide cap or limit on the dollar amount for pet rent—this is determined by the landlord, but it must be reasonable and not used as a form of discrimination.

• Pet rent is a recurring monthly charge, separate from regular rent, for having a pet in the unit.
• Pet deposit: Landlords may also require a refundable pet deposit to cover possible damages caused by a pet.
• Pet fee: A one-time, non-refundable pet fee may be charged.

Any pet charges, fees, or deposits must be disclosed and agreed to in writing before move-in. Always review your lease carefully.

Rules, Protections, and Exemptions

While pet-related charges are largely unregulated in terms of maximum amounts, the law does require that these charges must not be discriminatory or excessive. Here’s what Wisconsin renters should know:

• There is no statutory cap on pet rent or deposits in Wisconsin’s general landlord-tenant laws.
• All pet charges must be included in the rental agreement and cannot be added after signing without your consent.
• Security deposits (including any "pet deposit" portion) are limited to one month's rent in total, according to Wisconsin Statutes § 704.28.
• Charges or deposits for service animals and emotional support animals are not allowed under federal and state law, as these are not considered pets.¹

If You Believe a Pet Fee Is Unfair or Illegal

Wisconsin renters who feel they have been charged an unreasonable or illegal pet fee can seek help from the Wisconsin Department of Agriculture, Trade & Consumer Protection (DATCP), which oversees landlord-tenant disputes.

If your landlord increases your security deposit because of a pet, remember that the total deposit (including pet portion) cannot exceed one month's rent.

Required Wisconsin Forms for Security Deposits

While there isn't a specific "pet deposit" form in Wisconsin, the security deposit must comply with state laws. Here's the relevant form and how renters can use it:

• Wisconsin Security Deposit Itemization Statement (no official form number)
  Use: Landlords must provide a written itemization of deductions from your security deposit (including pet-related damages, if any) within 21 days of move-out. If you disagree with the deductions, you may dispute them.
  Example: After moving out, you receive a statement listing damages your pet caused, deducted from your deposit. If you disagree, you can write to your landlord or file a complaint.
  Security Deposit Return Checklist – DATCP

Breakdown: Laws and Where to Get Help

The main law governing rental agreements and security deposits in Wisconsin is the Wisconsin Statutes Chapter 704: Landlord and Tenant.²

• Tribunal overseeing disputes: Wisconsin Department of Agriculture, Trade & Consumer Protection (DATCP)

For a summary, see the official DATCP Landlord-Tenant Guide.

Frequently Asked Questions

1. Can my landlord charge both pet rent and a pet deposit?
   Yes. Wisconsin landlords can charge both monthly pet rent and a one-time pet deposit, as long as the total deposit (including pet portion) does not exceed one month’s rent.
2. Are there any statewide limits on how much pet rent can be in Wisconsin?
   No. There are no state laws setting a limit or cap on pet rent amounts, but charges must be reasonable and disclosed in the lease.
3. Do service animals or emotional support animals count for pet rent or deposit?
   No. Under federal and Wisconsin law, you cannot be charged extra for a service animal or emotional support animal, since these are not classified as pets.
4. Can a landlord add a new pet fee or deposit after I’ve already signed my lease?
   No. Pet charges must be outlined in the original lease. Any changes require your agreement as the tenant.
5. What should I do if my security deposit (including a pet deposit) exceeds one month’s rent?
   Contact your landlord to request a refund of any excess, and if not resolved, file a complaint with DATCP.

Key Takeaways for Wisconsin Renters

• Landlords can charge pet rent or deposits if these fees are in the lease.
• Total security deposit (including pet deposit) is limited to one month’s rent.
• No pet rent for service or emotional support animals.
• Seek help from DATCP if you have disputes or need information.

Always review your lease and ask questions if you’re unsure about pet charges before you sign or move in a new pet.

Need Help? Resources for Renters

• Wisconsin Department of Agriculture, Trade & Consumer Protection (DATCP) — Main agency for landlord-tenant complaints and information
• Wisconsin Landlord-Tenant Guide (DATCP) — Up-to-date rental rights handbook
• Wisconsin Court System: Self-Help for Renters — Help if you need to go to small claims court over deposits or fees
• Legal Action of Wisconsin — Free or low-cost legal aid for eligible renters

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1. Wisconsin landlords may not charge extra for service animals or emotional support animals under the federal Fair Housing Act and Wisconsin statutes: Wisconsin Statutes § 106.50
2. For all landlord-tenant matters, see Wisconsin Statutes Chapter 704: Landlord and Tenant

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