Pet Policy Clause
in Your Lease
What it actually means, what Wisconsin law says, what's specific to Milwaukee - and exactly what to do. In plain English.
Quick Summary - What You Need to Know
- Our record of Wis. Stat. § 704.28 and chapter ATCP 134 finds no section that names a pet deposit or sets a dollar cap on one, and no cap on security deposits of any kind.
- ATCP 134.02(11) defines a security deposit by its purpose: payments given "as security for the performance of the tenant's obligations". A refundable pet deposit given for that purpose comes back under the general 21-day rule.
- ATCP 134.09(9)(a) bars misrepresenting "the amount of rent or non-rent charges" and failing to disclose non-rent charges that will increase the total payable during the tenancy.
- § 106.50(2r)(bg) and (br) make it discrimination to "require extra compensation" from a person with a disability-related need for a trained animal or an emotional support animal. The person accepts liability for sanitation and damage the animal causes.
- Milwaukee's § 78-5-3-a bars keeping more than 4 dogs, cats or rabbits in any combination unless a listed permit or exception applies, and § 78-17-1 requires a license for any dog or cat over 5 months of age.
Understanding the Pet Policy Clause
The Wisconsin deposit rules we read do not mention pets, yet they reach pet money through the general deposit definition. Beside them, a fair housing statute covers assistance and emotional support animals, and the city's animal chapter limits how many animals a home may keep.
Our record of Wis. Stat. § 704.28 and chapter ATCP 134 finds no section that names a pet deposit and no cap on deposits of any kind. What decides a pet sum is what it was given for: money paid "as security for the performance of the tenant's obligations" is a security deposit under ATCP 134.02(11).
That brings the 21-day return and the withholding rules with it. These sections were read on archived copies of the Legislature's pages, so read the current text on docs.legis.wisconsin.gov before you rely on it.
What renters assume
A pet charge is its own kind of money: if the lease calls it a pet deposit, the general deposit rules do not reach it, and the landlord can keep it at move-out.
What is actually true
ATCP 134.02(11) defines a security deposit as "the total of all payments and deposits given by a tenant to the landlord as security for the performance of the tenant's obligations", whatever the lease calls them. A sum given for that purpose falls under the 21-day return in § 704.28(4) and ATCP 134.06(2), and § 704.28(3) bars withholding "for normal wear and tear".
Of the 22 rows in the comparison further down this page, Denver's alone carries a dollar figure, its $300 deposit cap. Eleven count pet money inside a general deposit ceiling.
Los Angeles, New York City, Boston, Washington and Baltimore sit at a 1-month cap, and Portland and Minneapolis at a 1-month city cap. Phoenix and Detroit sit at a 1.5-month cap, Atlanta at 2 months and Las Vegas at 3.
The remaining ten have no cap figure. Five are labelled plainly no cap: Austin, Miami, Chicago, Nashville and Philadelphia.
Seattle reads no dollar cap, Columbus leaves it to the lease, Charlotte allows a reasonable fee, and Newark and Milwaukee read no pet-specific cap. Our record of § 704.28 and chapter ATCP 134 finds no general deposit ceiling for a Wisconsin pet sum to count inside, and the 21-day return is not something a bar shows.
Plain English Version
The Wisconsin rules we read put no dollar limit on a pet deposit, or on any deposit. What matters is what the money is for.
If you pay it as security against damage, it is a security deposit, and it comes back within 21 days of the date the law sets, less only lawful deductions. The landlord may not deduct for normal wear and tear.
No extra charge may be required for an assistance or emotional support animal, though you are liable for damage it causes. Milwaukee also limits how many animals one home may keep.
Pet Clause Example - What the Wording Looks Like in Milwaukee, WI
The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.
Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.
No pets are allowed in the building or on the Premises at any time. Tenants may be assessed labor cleanup charges (if applicable) for each violation. Tenants agree to an increase in the rental deposit up to the maximum allowed by law in the events of non-compliance with pet prohibitions. Reasonable accommodations accepted.
Quoted from the published opinion in Cohen v. Clark, 945 N.W.2d 792 (Iowa 2020). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.
“in the building”
In Milwaukee the building matters to more than the landlord. The city's animal chapter is written to apply to any person keeping animals, and two of its rules turn on the kind of building you live in. § 78-5-2-a says “No rabbits or guinea pigs shall be kept within any portion of any multiple dwelling.” § 78-5-3-c makes more than 4 dogs, cats or rabbits in a unit of a multiple-family dwelling a nuisance, with no animal fancier, limited exemption or residential breeder permit available there.
“labor cleanup charges”
Wisconsin asks what a cleanup charge is taken from and whether it was disclosed. If it comes out of the deposit, § 704.28(1)(a) allows withholding for “tenant damage, waste, or neglect of the premises”, and a note to ATCP 134.06(3)(c) rules out “routine painting or carpet cleaning, where there is no unusual damage caused by tenant abuse”. A reason outside the standard list must sit in a separate document entitled “NONSTANDARD RENTAL PROVISIONS”, identified with you before you signed.
“up to the maximum allowed by law”
This phrase points at a ceiling, and the Wisconsin deposit sections we read do not supply one. Our record of § 704.28 and chapter ATCP 134 finds no cap on security deposits of any kind, which leaves the figure the lease itself names as the number to read. What the record does settle is the nature of the money: ATCP 134.02(11) counts every payment given “as security for the performance of the tenant's obligations” as a security deposit.
“Reasonable accommodations accepted”
Wisconsin writes the accommodation rule out in its own fair housing section. § 106.50(2r)(bg)1 and (br)1 make it discrimination to refuse to rent to, evict, “require extra compensation from” or harass a person with a disability-related need for a trained animal or an emotional support animal. Under (br)2 a landlord may request reliable documentation of the disability and the need from a licensed health professional.
The no-pets clause was enforced - for the tenant who relied on it. A renter with a severe dog allergy signed first, in reliance on this clause. The landlord later waived it so a neighbour could keep an emotional support dog. The Iowa Supreme Court held that waiver was not a reasonable accommodation: the allergic tenant had priority in time, and the dog was a direct threat to her health that air purifiers and separate stairwells did not fix. She recovered on the no-pets clause and on the covenant of quiet enjoyment, and the case was sent back for damages of one month's rent. The point renters miss: an accommodation request is weighed against everyone in the building, not just against the landlord.
One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.
Wisconsin Law on Pet Policy Clause
- The deposit rules turn on what the money is for, not on what it is called. ATCP 134.02(11) defines a security deposit as "the total of all payments and deposits given by a tenant to the landlord as security for the performance of the tenant's obligations, and includes all rent payments in excess of 1 month's prepaid rent." Neither that definition nor Wis. Stat. § 704.28 names pets; the definition's test is whether a payment was given "as security for the performance of the tenant's obligations".
- Money held as a security deposit comes back under the general rules. Wis. Stat. § 704.28(4) and ATCP 134.06(2) require the deposit, less lawful withholdings, to be delivered or mailed within 21 days after the dates those sections set, and § 704.28(3) bars withholding "for normal wear and tear". Section 704.28(1)(a) allows withholding for "tenant damage, waste, or neglect of the premises", while a note to ATCP 134.06(3)(c) says a landlord may not withhold for "routine painting or carpet cleaning, where there is no unusual damage caused by tenant abuse".
- Charges have to be disclosed. ATCP 134.09(9)(a) bars a landlord, for the purpose of inducing a person to enter into a rental agreement, from misrepresenting "the amount of rent or non-rent charges to be paid by the tenant" or failing to disclose, with any representation of rent amount, "the existence of any non-rent charges which will increase the total amount payable by the tenant during tenancy." A deposit withholding reason outside the standard list in § 704.28(1)(a) to (e) must appear in a separate document entitled "NONSTANDARD RENTAL PROVISIONS" that the landlord specifically identified with the tenant before the lease was signed, under § 704.28(2).
- Assistance and emotional support animals sit in a separate fair housing section, kept apart here from the pet money question. Wis. Stat. § 106.50(2r)(bg)1 and (br)1 make it discrimination to refuse to rent to, evict, "require extra compensation from" or harass an individual with a disability and a disability-related need for an animal individually trained to do work or perform tasks, or for an emotional support animal, because the individual keeps it. Under (bg)3 and (br)3 the individual "shall accept liability for sanitation with respect to, and damage to the premises caused by, the animal", (br)2 lets a landlord request reliable documentation of the disability and the disability-related need from a licensed health professional, and (br)5 sets a forfeiture of not less than $500 for intentionally misrepresenting a disability or the need for an emotional support animal to obtain housing. We did not read the federal Fair Housing Act and make no claim about it.
Sources include Wis. Admin. Code ATCP § 134.02(11); Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06; Wis. Admin. Code ATCP § 134.09(9)(a); Wis. Stat. § 106.50(2r)(bg); Wis. Stat. § 106.50(2r)(br); Wis. Stat. § 66.0104(2)(b); Milwaukee Code of Ordinances § 78-5; Milwaukee Code of Ordinances § 78-17; Milwaukee Code of Ordinances § 78-23 - statutes change; verify the current text for your situation.
The Wisconsin deposit rules we read do not mention pets. Our record of Wis. Stat. § 704.28 and chapter ATCP 134 finds no section that names a pet deposit or sets a dollar cap on one, and no cap on security deposits of any kind.
The definition is what reaches a pet sum. ATCP 134.02(11) defines a security deposit as "the total of all payments and deposits given by a tenant to the landlord as security for the performance of the tenant's obligations, and includes all rent payments in excess of 1 month's prepaid rent." Its test is the purpose of the payment, not the label on it.
Money held as a security deposit comes back under the general rules. § 704.28(4) and ATCP 134.06(2) require the deposit, less lawful withholdings, to be delivered or mailed within 21 days after the dates those sections set.
The withholding rules cover animal damage like any other. § 704.28(1)(a) allows withholding for "tenant damage, waste, or neglect of the premises", and § 704.28(3) bars withholding "for normal wear and tear". A note to ATCP 134.06(3)(c) says a landlord may not withhold for "routine painting or carpet cleaning, where there is no unusual damage caused by tenant abuse".
Any other withholding reason needs its own paper. Under § 704.28(2), a reason outside the standard list in § 704.28(1)(a) to (e) must appear in a separate document entitled "NONSTANDARD RENTAL PROVISIONS", specifically identified with the tenant before the lease was signed.
Charges must also be disclosed up front. ATCP 134.09(9)(a) bars a landlord, to induce a rental agreement, from misrepresenting "the amount of rent or non-rent charges to be paid by the tenant".
It also bars failing to disclose, with any representation of rent amount, "the existence of any non-rent charges which will increase the total amount payable by the tenant during tenancy."
Assistance animals sit in a fair housing section. § 106.50(2r)(bg)1 and (br)1 make it discrimination to refuse to rent to, evict, "require extra compensation from" or harass a person with a disability-related need for a trained animal or an emotional support animal. Under (bg)3 and (br)3 the person "shall accept liability for sanitation with respect to, and damage to the premises caused by, the animal".
(br)2 lets a landlord request reliable documentation of the disability and the need from a licensed health professional, and (br)5 sets a forfeiture of not less than $500 for intentionally misrepresenting either. We did not read the federal Fair Housing Act. Read the current Wisconsin text on docs.legis.wisconsin.gov.
Wisconsin Tenant Protections
Our record of Wis. Stat. § 704.28 and chapter ATCP 134 of the Wisconsin Administrative Code finds no section that names a pet deposit or sets a dollar cap on one, and no cap on security deposits of any kind. ATCP 134.02(11) defines a security deposit as the total of all payments and deposits given by a tenant as security for the performance of the tenant's obligations, so a pet deposit given for that purpose is a security deposit.
Under § 704.28(4) and ATCP 134.06(2), the deposit, less lawful withholdings, must be delivered or mailed within 21 days after the dates those sections set. Section 704.28(1)(a) allows withholding for tenant damage, waste or neglect of the premises, § 704.28(3) bars withholding for normal wear and tear, and a note to ATCP 134.06(3)(c) excludes routine painting or carpet cleaning without unusual damage caused by tenant abuse.
A withholding reason outside the standard list must appear in a separate NONSTANDARD RENTAL PROVISIONS document under § 704.28(2).
ATCP 134.09(9)(a) bars misrepresenting rent or non-rent charges and failing to disclose non-rent charges that increase the total payable. Wis. Stat. § 106.50(2r)(bg) and (br) make it discrimination to require extra compensation from a person with a disability-related need for a trained animal or an emotional support animal.
The person accepts liability for sanitation and damage, and (br)5 sets a forfeiture of not less than $500 for intentional misrepresentation.
In Milwaukee, § 78-5-3-a bars keeping more than 4 dogs, cats or rabbits in any combination unless a listed permit or exception applies, and § 78-17-1 requires a license for any dog or cat over 5 months of age.
What's Specific to Milwaukee
Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.
Our record of the Milwaukee Code of Ordinances chapters we opened finds no pet deposit or pet fee rule. Those are Chapter 78 (Animals), Chapter 200 Subchapter 3 (Enforcement) and Chapter 275 (Building Maintenance).
A text search of those copies for "security deposit" found only § 200-20.5, on recycling charges.
What Milwaukee does limit is the animals themselves. § 78-5-3-a bars any person from keeping more than 4 dogs, cats or rabbits in any combination unless one of the listed permits or exceptions applies.
Apartment buildings get a tighter rule. § 78-5-3-c declares more than 4 in a dwelling unit within a multiple-family dwelling a nuisance, and allows no animal fancier, limited exemption or residential breeder permit there. § 78-5-2-a says "No rabbits or guinea pigs shall be kept within any portion of any multiple dwelling."
Fostering has its own carve-out. Under § 78-5-3-e, animals temporarily fostered through a recognized rescue, shelter or animal welfare organization are not counted toward the limit when foster status is documented. Keep that paperwork where you can find it.
Two more rules attach to the animal itself. § 78-17-1 requires a license for any dog or cat over 5 months of age kept in the city. § 78-23-7 requires the owner or caretaker of a dangerous animal to show liability insurance "in an amount not less than $1,000,000 for any personal injuries inflicted by the dangerous animal."
Chapter 78 is written to apply to any person keeping animals, tenant or owner. A pet addendum is a private permission between you and the landlord; the count, the license and the multiple-dwelling rules come from the city.
A state statute speaks to city rules on deposits. Wis. Stat. § 66.0104(2)(b) bars a city from placing requirements on a residential landlord "with respect to security deposits" beyond the administrative rules on residential rental practices.
We take no position on how § 66.0104 would apply to any Milwaukee section.
On money, a Milwaukee renter works from the state sections we read: the deposit definition in ATCP 134.02(11), the 21-day return in § 704.28(4), and the disclosure rule in ATCP 134.09(9)(a).
The date on the Milwaukee text matters. The city's site did not answer us, so Chapter 78 was read in an archived copy of the city clerk's PDF captured September 18, 2026, with pages dated up to July 14, 2026. Confirm the current code before relying on it.
ATCP 134.02(11) treats payments given "as security for the performance of the tenant's obligations" as a security deposit. Get each pet sum labelled in writing as a refundable deposit or as a charge.
ATCP 134.09(9)(a) bars failing to disclose "the existence of any non-rent charges which will increase the total amount payable by the tenant during tenancy."
§ 106.50(2r)(bg) and (br) make it discrimination to "require extra compensation" for the animal from a person with a disability-related need, though the person accepts liability for damage it causes.
Milwaukee's § 78-5-3-a bars keeping more than 4 in any combination unless a listed permit or exception applies, and § 78-5-3-c allows no such permit in a multiple-family dwelling.
Sources
The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.
- Wis. Admin. Code ATCP § 134.02(11); Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06; Wis. Admin. Code ATCP § 134.09(9)(a); Wis. Stat. § 106.50(2r)(bg); Wis. Stat. § 106.50(2r)(br); Wis. Stat. § 66.0104(2)(b); Milwaukee Code of Ordinances § 78-5; Milwaukee Code of Ordinances § 78-17; Milwaukee Code of Ordinances § 78-23, read on web.archive.org. Read as an archived copy, dated September 22, 2026, of the Wisconsin Legislature's administrative code page for ATCP 134.02, which says the code is updated on the first day of each month, with the section's history ending at CR 14-038, effective November 1, 2015, and Cornell's Legal Information Institute copy reads the same; the Legislature's site did not answer our build machine, so confirm the current text before relying on it.
Red Flags to Watch Out For
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A pet deposit described as nonrefundable
A sum given as security for your obligations is a security deposit under ATCP 134.02(11), returned within 21 days under § 704.28(4), less lawful withholdings. Ask what the money is for before you pay it.
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A pet charge first mentioned after signing
ATCP 134.09(9)(a) bars failing to disclose non-rent charges that will increase the total payable during the tenancy. Ask for every pet charge in writing before you sign.
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Carpet cleaning charged for every pet
A note to ATCP 134.06(3)(c) says a landlord may not withhold for "routine painting or carpet cleaning, where there is no unusual damage caused by tenant abuse". Animal damage beyond that goes on the written statement.
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A fee for an assistance animal
§ 106.50(2r)(bg) and (br) bar requiring extra compensation from a person with a disability-related need for a trained animal or an emotional support animal.
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Rabbits or guinea pigs in an apartment building
Milwaukee's § 78-5-2-a says "No rabbits or guinea pigs shall be kept within any portion of any multiple dwelling." A lease that allows them does not change the city rule.
Your Rights as a Milwaukee Tenant
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A pet deposit back within 21 days
A pet sum given as security is a security deposit under ATCP 134.02(11), delivered or mailed within 21 days under § 704.28(4), less lawful withholdings.
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No charge for normal wear and tear
§ 704.28(3) bars withholding "for normal wear and tear", and § 704.28(1)(a) limits damage withholding to tenant damage, waste or neglect.
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Charges disclosed before you sign
ATCP 134.09(9)(a) bars misrepresenting rent or non-rent charges and failing to disclose non-rent charges that increase the total payable.
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No extra charge for an assistance animal
§ 106.50(2r)(bg) and (br) bar requiring extra compensation for a trained animal or an emotional support animal from a person with a disability-related need.
What To Do - Step by Step
List each pet payment and what it is for
Note every pet amount in the lease, one-time or monthly, and ask the landlord in writing which ones are held as security against damage.
Check the household count
Milwaukee's § 78-5-3-a caps a household at 4 dogs, cats or rabbits unless a listed permit or exception applies, and § 78-5-2-a bars rabbits and guinea pigs in a multiple dwelling.
License any dog or cat over 5 months
§ 78-17-1 requires a license for any dog or cat over 5 months of age kept in the city. Check that it is in place, whatever the lease says.
Make an accommodation request in writing
For an animal tied to a disability, send the request in writing and keep the dated copy. § 106.50(2r)(br)2 lets the landlord request reliable documentation from a licensed health professional.
Record the floors and doors at move-in
§ 704.28(3) bars withholding for normal wear and tear, and a note to ATCP 134.06(3)(c) rules out routine carpet cleaning. Dated pictures of floors, doors and trim show what was there before the animal.
Count 21 days, then object in writing
After the date § 704.28(4) sets, count 21 days for the balance and the written statement of withholdings. If a pet deduction looks wrong, object in writing and name the section; a tenant legal aid office can review it with you.