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Landlord Entry

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The real deal with Landlord Entry

Tenants in Wisconsin have the right to exclusive possession of their
apartment. This means that a landlord cannot enter without
advance notice, and that they can only enter at reasonable times
and for certain purposes. This notice provision can be waived on a
temporary case-by-case basis or, if outside the City of Madison,
through a NONSTANDARD RENTAL PROVISION clause where the
tenant and landlord agree to alternative rules in writing.
[Wis. Stats. 704.05(2), ATCP 134.09(2)(c), MGO 32.05(1)].

How much notice is required for a landlord to enter my rental
unit?
Landlords cannot enter an apartment unless they give at least 12
hours notice to the tenant. Notice may be verbal (including leaving
a message) or in writing. There is no requirement that the tenant
actually receive that notice (for example, during an extended absence).
[ATCP 134.09(2)].


Your local ordinances may require additional notice. In the cities of
Madison and Fitchburg, landlords must give at least a 24-hour
notice to enter the tenant’s premises. [MGO 32.05(1)(d),
FO 28.05(1)(d)].


What are the reasons my landlord can enter my rental unit?
State law permits landlords to enter a rental unit only for the following
purposes [Wis. Stat. 704.05 (2), ATCP 134.09(2)(a)1.]:

• to inspect (ex. a routine inspection, to check out a problem
prior to making requested repairs, or to inspect for
occupancy)
• to make repairs, including required maintenance requested
by or promised to a tenant, or
• to show the premises to prospective tenants or buyers.

A landlord may only enter without advance notice under the
following circumstances:


• if the tenant, knowing the proposed time of entry, requests or
consents to the entry
• if a “health or safety emergency” exists
• to protect the premises from damage when the tenant is
absent (ATCP 134 does not define a “health or safety
emergency).


What can I do if my landlord enters without proper notice?


1. Write your landlord a letter citing the dates of illegal entry as
well as the law prohibiting it [violation of ATCP 134.09(2) &
MGO 32.05(1)(d) or FO 28.05(1)(d)].
2. File a written complaint with the Department of Agriculture,
Trade and Consumer Protection at 1-800-422-7128 or
http://www.datcp.state.wi.us.
3. Call the police. The police may say that this is a civil matter,
but the tenant can at least request that a police report be
written documenting the illegal entry. You can also call the
police if you’re home when the landlord tries to enter illegally.

Announce and Identify - before entering, the landlord must
announce his or her presence to persons in the unit and
identify him or herself upon request. [ATCP 134.09(2)(d),
MGO 32.05(1)(f), FO 28.05(1)(f)].


FAQ: Can I break my lease if a landlord enters without
proper notice?

A: No