Occupancy Laws in Wisconsin (2026): Space Rules You Can’t Ignore
Most renters in Wisconsin have no clue how many people can legally live in their apartment. Seriously. The rules exist, but they’re scattered across state codes and local ordinances. If you’re cramming too many people into your place, you could face serious consequences. Let’s break down what you actually need to know.
Here’s the thing. Wisconsin doesn’t have one simple statewide rule about occupancy. Instead, the laws are a mix of state requirements and local regulations. Understanding these rules can help you avoid headaches with your landlord or the city.
What Are Occupancy Laws?
Occupancy laws control how many people can live in a rental unit. They exist for safety reasons. Too many people in a small space creates fire hazards. It strains plumbing and electrical systems. It also affects air quality.
These laws protect both tenants and neighbors. They prevent overcrowding that could make buildings unsafe. Wisconsin uses a combination of cubic feet requirements and common sense standards.
Think of it like a fire code for people instead of exits.
The Basic Space Rule
Wisconsin has a specific measurement for sleeping spaces. Each person over 12 years old needs at least 400 cubic feet of air space. Kids under 12 need 200 cubic feet each.
Okay, pause. What does that actually mean?
Imagine a room with 8-foot ceilings. An adult would need about 50 square feet of floor space. That’s roughly a 5-foot by 10-foot area. A child under 12 would need about 25 square feet, or a 5-foot by 5-foot space.
This rule comes from Wisconsin Administrative Code SPS 379.09. It applies to apartment houses, hotels, boarding houses, and similar buildings. Any room used for sleeping must meet this minimum.
Here’s what counts as a sleeping space. Living rooms can count. Dens can count. Even dining rooms can count if there are proper fire escape routes. Hallways, bathrooms, and kitchens don’t count toward sleeping space.
Right?
How Local Occupancy Rules Work
Here’s where things get interesting. Before 2013, Wisconsin cities and towns could make their own strict occupancy rules. But that changed.
The state passed Wisconsin Act 76 in 2013. This law took away most local control over occupancy limits. Cities can no longer pass ordinances that are more restrictive than state law.
Now most local governments have lost their power to create special occupancy rules. There are a few exceptions for zoning codes. Some neighborhoods still have rules about how many unrelated people can live together.
Madison, for example, allows specific occupancy arrangements. Up to five unrelated adults and their dependents can live together as a single household. Or up to six unrelated people with disabilities can share a dwelling if they need assistance.
But these are exceptions, not the norm.
What Landlords Can Require
Landlords in Wisconsin can set their own occupancy limits. But there are rules they must follow.
They cannot give tenants less than the minimum 400 cubic feet per adult. They can require more space than that minimum. They just can’t require less.
Here’s an example of a legal rule. “No more than 6 people can occupy a 2-bedroom apartment.” That’s perfectly legal. It’s based on the number of people, not family status.
Here’s an illegal rule. “Only families with 4 kids or less can occupy a 2-bedroom apartment.” Why is this illegal? Because it discriminates based on family status.
Landlords cannot tell you where to sleep inside your unit. They can set a maximum number of occupants. They just can’t dictate which rooms people use.
Sound complicated? It’s actually not.
Minimum Floor Space Requirements
Beyond the cubic feet rule, Wisconsin has floor space requirements. A dwelling unit needs at least 150 square feet of habitable floor space for the first person. Each additional person needs at least 100 square feet.
Mobile homes have slightly different rules. Additional occupants in mobile homes need only 70 square feet each.
These requirements ensure units aren’t dangerously small. They also prevent landlords from cramming people into tiny spaces.
No more than 2 people can share a bedroom that’s less than 100 square feet. And here’s an important detail. Children of opposite sex over age 7 cannot be required to share a bedroom in certain housing situations.
Guest Policies and Unauthorized Occupants
What about guests who stay too long? This is where things get tricky for both landlords and tenants.
Wisconsin law doesn’t define exactly when a guest becomes an occupant. Your lease should specify how long guests can stay. Most leases set limits like 14 consecutive days or 30 days total per year.
If someone’s living with you who isn’t on the lease, your landlord can take action. They might ask you to add that person to the lease. They might also start eviction proceedings if you’re violating your lease terms.
Honestly, this is the part most people mess up. They think having a friend crash for a few months is no big deal. But it can be a lease violation.
What Violations Can Cost You
Breaking occupancy laws can lead to serious penalties. The consequences depend on who’s violating the rules and how.
For landlords, violations can be expensive. Cities can issue fines ranging from $500 to $5,000 per offense. In Milwaukee specifically, these fines add up fast. Landlords can face daily fines for ongoing violations.
Cities can also revoke rental licenses. In severe cases, authorities can force occupants to leave through eviction proceedings.
For tenants, overcrowding is usually a lease violation. This can lead to eviction. You might also lose your security deposit. And getting a new apartment becomes harder with an eviction on your record.
Think of it like a speeding ticket, but more serious. The fine hurts. The long-term consequences hurt more.
Fair Housing Protections
Wisconsin’s Fair Housing Act protects certain groups from discrimination. Landlords cannot use occupancy limits to discriminate based on family status, race, or disability.
There are exceptions that allow higher occupancy in specific situations. Adults seeking temporary sanctuary from family violence can exceed normal limits. Federal or state laws sometimes require higher occupancy rates for protected groups.
Group homes and shelters often have different occupancy rules. These facilities are usually exempt from standard residential limits if they meet health and safety requirements.
The Americans with Disabilities Act also provides protections. People with disabilities who need caregiver assistance may be allowed more flexible occupancy arrangements.
How Occupancy Laws Get Enforced
Enforcement usually starts with a complaint. Neighbors might report overcrowding. Tenants might file complaints about unsafe conditions. Sometimes routine inspections reveal violations.
Local building inspection departments handle most enforcement. They investigate complaints and conduct inspections. If they find violations, they issue orders to correct the problems.
Landlords get a deadline to fix issues. This could be 24 hours for serious safety problems. Most violations get 30 days. Some issues like exterior painting might get six months.
If landlords don’t fix problems by the deadline, the city can issue citations. They can also impose reinspection fees. These fees add up quickly and can be placed on property tax bills.
Wondering if this applies to you? If you’re living in a rental unit with more people than your lease allows, it probably does.
Tenant Rights and Responsibilities
Tenants have specific rights under Wisconsin law. Your rental unit must be habitable. That means working plumbing, heating, and electrical systems.
You can request repairs if your unit becomes uninhabitable. In some cases, you can even withhold rent until repairs are made. Wisconsin Statute 704.07 protects these rights.
But you also have responsibilities. You must keep your unit clean and sanitary. You must dispose of garbage properly. You need to report maintenance issues promptly.
You cannot make physical changes to the unit without permission. This includes decorating, removing fixtures, or altering structures. You also cannot use the premises for illegal purposes.
If you’re facing overcrowding in your building, you have options. You can file a complaint with your local building inspection department. You can request that the landlord address the violation.
Special Housing Situations
Some types of housing have different occupancy rules. Owner-occupied properties sometimes have more flexibility. If your landlord lives in the building, certain occupancy limits might not apply.
Boarding houses have specific regulations under SPS 379.01. These buildings used for sleeping by three or more unrelated people must follow stricter safety rules. They need multiple exits from each floor. They need specific toilet facilities.
Licensed rooming houses have their own requirements. These properties must meet special safety standards. They often need more frequent inspections.
Student housing near universities sometimes falls under special regulations. Check with your local city or town about specific rules for your neighborhood.
Pretty straightforward, honestly.
What Happens During Inspections
If authorities inspect your rental unit, here’s what to expect. Inspectors check for overcrowding by counting occupants and measuring spaces. They verify that sleeping areas meet the cubic feet requirements.
They also check for general safety issues. Are there proper fire exits? Do smoke detectors work? Is the heating adequate?
Inspectors have authority to enter rental properties during reasonable hours. They must give proper notice unless there’s an emergency.
If violations are found, the inspector issues a written order. This order specifies what needs fixing and sets a deadline. Both landlords and tenants receive copies.
Not sure what counts as a violation? Basically, if you’re exceeding space requirements or creating unsafe conditions, that’s a problem.
How to Stay in Compliance
For tenants, staying compliant is simple. Follow your lease terms about occupancy. Don’t let guests become long-term residents without permission.
If your household changes, tell your landlord. Maybe you had a baby. Maybe your partner moved in. Let your landlord know so they can update the lease properly.
For landlords, compliance means setting reasonable occupancy limits. Base them on the actual space available. Don’t discriminate against families or protected groups.
Register your rental property if your municipality requires it. Conduct proper inspections before new tenants move in. Respond quickly to tenant complaints about overcrowding.
Keep good records. Document how many people are living in each unit. This protects you if questions arise later.
Checking Your Local Rules
Even though state law now controls most occupancy issues, local rules still matter. Your city or town might have zoning codes that affect occupancy.
Check with your local zoning board. They can tell you if special rules apply to your neighborhood. Some areas limit the number of unrelated people who can live together.
Your municipality’s website usually has information about rental regulations. Look for the building inspection or code enforcement department.
You can also contact the Wisconsin Department of Safety and Professional Services. They oversee state building codes and can answer questions about requirements.
Confused about the difference? State law sets minimum standards. Local zoning might add restrictions based on neighborhood character.
Frequently Asked Questions
How many people can legally live in a two-bedroom apartment in Wisconsin? This depends on the size of the rooms. Each adult needs 400 cubic feet of sleeping space. A typical two-bedroom apartment with standard ceiling heights can usually accommodate 4 to 6 people legally, depending on room sizes.
Can my landlord limit occupancy to only family members? No. Landlords cannot discriminate based on family status. They can set occupancy limits based on the number of people, but they cannot require occupants to be related.
What happens if I have more people living with me than my lease allows? Your landlord can consider this a lease violation. They might require you to add occupants to the lease or reduce the number of people. In serious cases, they could start eviction proceedings.
Do guests count toward occupancy limits? It depends on how long they stay. Short-term guests typically don’t count. But if someone stays for extended periods, they might be considered an occupant. Check your lease for specific guest policies.
Can I be evicted for having too many people in my apartment? Yes. If you violate occupancy terms in your lease or local safety codes, your landlord can pursue eviction. This usually requires proper notice and legal proceedings.
Final Thoughts
Wisconsin occupancy laws exist to keep rental housing safe. They’re not designed to make your life difficult. They’re about preventing dangerous overcrowding.
The main rule is simple. Make sure everyone has enough space. Adults need 400 cubic feet of sleeping area. Kids need 200 cubic feet. Your unit needs adequate total floor space too.
If you’re a tenant, follow your lease terms. If your living situation changes, communicate with your landlord. Don’t let unauthorized people move in without discussing it first.
If you’re a landlord, set fair occupancy limits based on actual space. Don’t discriminate. Keep your properties safe and up to code.
When in doubt, check with your local building inspection department. They can tell you exactly what rules apply to your situation. Better to ask questions now than deal with violations later.
Now you know the basics. Stay informed, stay safe, and keep your housing situation legal.