Wisconsin Tenant Rights for Short-Term Vacation Rentals

Are you renting a property in Wisconsin for a short-term vacation stay? Understanding your rights as a short-term renter is essential. Whether you're staying through a popular vacation rental platform or subletting for just a few weeks, Wisconsin law has specific provisions affecting your rental experience. This guide uses up-to-date state resources to help you navigate your rights and responsibilities as a short-term vacation renter in Wisconsin.

What Is Considered a Short-Term Vacation Rental?

In Wisconsin, a short-term vacation rental typically refers to renting a residential dwelling for fewer than 29 consecutive days. These stays are often arranged through services like Airbnb or VRBO, but they can also include private rentals or sublets.

Tenant Protections and Rights in Short-Term Rentals

Short-term renters do not always have the same legal protections as long-term tenants under Wisconsin landlord-tenant law. However, important rules and some safeguards still apply.

• Written Agreements: Even for short stays, a written rental agreement or contract is recommended. It should define the rental period, rent amount, deposit, and house rules.
• Security Deposits: If your host collects a deposit, Wisconsin law requires its return within 21 days after your stay ends, provided no damage or unpaid rent is owed. See Wis. Stat. § 704.28.
• Habitability: The rental unit must meet basic health and safety standards. If your short-term rental is not safe or sanitary, you can file a complaint with your local public health department.
• Eviction and Early Termination: Most formal eviction procedures under Wisconsin law apply to stays of 30 days or more, but you cannot be physically locked out without due process—even for short stays. If you're asked to leave early, refer to your rental agreement and communicate in writing with your landlord or host.

For official guidance, see the Wisconsin Landlord-Tenant Guide.

Local Regulations and Permits

Many Wisconsin cities and counties have their own rules regarding short-term vacation rentals, such as requiring the property owner to register or obtain a permit. Check with your local city or county zoning and health departments to learn more about regulations that may affect your stay.

Security Deposit Refunds: Official Forms and Process

If you paid a security deposit and believe it was withheld unfairly after your short-term rental, follow these steps:

• Request a Return in Writing: Ask your landlord or host in writing for a detailed list of any deductions from your deposit.
• File a Complaint: If you do not receive your deposit within the required 21 days, you can file a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).

Relevant Form: Wisconsin Consumer Complaint Form

• Form Name: Wisconsin Consumer Complaint Form
• When To Use: When your deposit is not returned or you have an unresolved issue with your rental.
• How To Use: Complete the online or PDF form and submit it to DATCP. Include documentation such as your rental agreement, receipts, and any written communications.
• Download the Consumer Complaint Form (PDF)

Where to File Rental Disputes

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) handles residential tenancy complaints statewide, including issues with short-term vacation rentals.

Wisconsin's Applicable Rental Legislation

• Chapter 704 of the Wisconsin Statutes: Landlord and Tenant
• Wisconsin Administrative Code ATCP 134: Residential Rental Practices

These laws outline core rights and responsibilities for tenants and landlords in Wisconsin, including those that may apply to short-term arrangements. Depending on the circumstance, you may not be considered a "tenant" under all sections, but certain protections (such as against lockouts or deposit deductions) may still apply.

FAQ: Wisconsin Short-Term Rental Rights

1. Do I have the same eviction protections as a short-term renter?
   For stays under 30 days, the full eviction protections may not apply. However, landlords cannot remove you without reasonable notice or use "self-help" eviction tactics, like changing the locks.
2. How soon must I get my security deposit back?
   Under Wisconsin law, your deposit must be returned within 21 days after the rental ends, minus any itemized deductions for damage or unpaid rent.
3. Can my landlord enter the short-term rental while I'm staying?
   Landlords must provide "reasonable" notice before entering, except in emergencies. Check your agreement for details.
4. What if local rules are stricter than state law?
   Local city or county ordinances about short-term rentals or health and safety may provide additional protections or requirements, so always check with local authorities.
5. How can I file a complaint if I am treated unfairly?
   File a complaint with DATCP using their official complaint process and attach all relevant documents.

Conclusion: Key Takeaways for Wisconsin Short-Term Vacation Renters

• Short-term renters have some—but not all—the same rights as long-term tenants in Wisconsin.
• Document everything and communicate in writing to protect your deposit and stay.
• DATCP is the main agency to help resolve rental disputes, including deposit issues and illegal lockouts.

Always check current state and local rules before agreeing to or signing any short-term rental agreement in Wisconsin.

Need Help? Resources for Renters

• Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) – Landlord/Tenant Resources
• Wisconsin Tenant Consumer Complaint Form (PDF)
• Wisconsin Landlord-Tenant Guide
• Contact your local city or county zoning department for questions about local short-term rental rules.

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1. Wisconsin Statutes Chapter 704 - Landlord and Tenant
2. Wisconsin Statutes §704.28 - Return of Security Deposit
3. Wisconsin Administrative Code ATCP 134: Residential Rental Practices
4. Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Landlord/Tenant Resources
5. Wisconsin Tenant Consumer Complaint Form

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