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Renting a home that was foreclosed in Wisconsin: your rights

If you rent a home in Wisconsin and your landlord's mortgage is foreclosed, the federal Protecting Tenants at Foreclosure Act is your main protection: at least 90 days' written notice after the sale, and often the rest of your lease. We did not find a current Wisconsin statute that adds more notice for renters after a foreclosure. Wisconsin Law Help explains that the lender may foreclose without telling tenants, so check the court record yourself if you think your rental is in foreclosure.

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Reviewed against Wisconsin law and official sources on October 12, 2026. General information, not legal advice.

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Your rights as a renter in Wisconsin, in order

  1. Federal floor: 90 days' notice, and your lease may continue

    After the sale is confirmed

    A bona fide tenant gets at least 90 days' written notice to vacate, and a lease signed before the foreclosure runs to its end unless the buyer will live in the home. If you have a Section 8 voucher, the new owner takes over your lease and housing assistance contract. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

    Pub. L. 111-22 § 702; Pub. L. 115-174 § 304; 42 U.S.C. § 1437f(o)(7)

  2. Find out if your rental is in foreclosure

    As soon as you suspect it

    Wisconsin mortgage foreclosures are court cases, and tenants are usually not named. Wisconsin Law Help suggests searching Wisconsin Circuit Court Access under the owner's name, calling the county register of deeds, or checking the sheriff's posted sales. The case record shows the buyer and the confirmation hearing date.

  3. Keep paying rent to your landlord until told otherwise

    Until a new owner, manager or receiver notifies you

    Wisconsin Law Help says to keep paying rent to the original owner or manager until you are told in writing about a new owner, manager or a court-appointed receiver. If you cannot find the owner, it suggests checking property records or writing to the court that you are a tenant trying to pay rent. Keep every receipt.

  4. A writ of assistance is not an eviction of a tenant

    If the sheriff comes to the home

    A new owner can use a writ of assistance to remove a former owner, but removing a tenant takes an eviction judgment and a writ of restitution. If a sheriff arrives with a writ of assistance and you are a tenant who got no notice, say that you are a tenant and call a lawyer right away.

    Wis. Stat. § 799.45

  5. Your security deposit

    Within 21 days after the tenancy ends

    A Wisconsin landlord must return your deposit, minus lawful deductions, within 21 days after your rental agreement ends and you move out. Wisconsin Law Help says a new owner must follow the deposit laws even if it never received your deposit from the former owner, and successors in interest to a lease are bound by its terms.

    Wis. Stat. §§ 704.09(3), 704.28(4)

Common questions in Wisconsin

Does Wisconsin give renters extra time after a foreclosure?

We did not find a current Wisconsin statute that gives renters more than the federal rules after a foreclosure. Under federal law, a bona fide tenant usually gets at least 90 days' written notice and may stay to the end of a lease signed before the foreclosure, unless the buyer will live there. Call legal aid if you get a notice to leave.

My Wisconsin landlord is in foreclosure. Should I stop paying rent?

No. Wisconsin Law Help warns that you can be evicted for not paying rent, even during a foreclosure. Keep paying your landlord or manager until you get written notice of a new owner, manager or receiver, and keep proof of every payment.

Who returns my deposit after a Wisconsin foreclosure?

Wisconsin Law Help says the new owner must follow the security deposit laws even if the former owner never handed over your deposit. Under Wis. Stat. § 704.28(4), the deposit, less lawful deductions, is due within 21 days after your tenancy ends. Send your forwarding address in writing.

Step by step

More on foreclosure in Wisconsin

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Also in Wisconsin

Property tax foreclosure Claim surplus funds Deficiency judgments HOA and condo liens Renters after foreclosure (this page)Letters you may get

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Sources for this page

  1. Wis. Stat. ch. 703 (Condominium Ownership Act, incl. §§ 703.165 and 703.335)
  2. Wis. Stat. ch. 710 (incl. § 710.18, homeowners' associations)
  3. Wis. Stat. ch. 704 (landlord and tenant, incl. § 704.28)
  4. Wisconsin Law Help: Tenants and Foreclosure
  5. Wis. Stat. Chapter 846: Real Estate Foreclosure
  6. Wis. Stat. Chapter 846 (PDF, updated through 2025 Wis. Act 247, published October 1, 2026)
  7. Wisconsin Law Help: Foreclosure Procedure
  8. Wisconsin State Law Library: Foreclosure
  9. Wisconsin Department of Administration: Wisconsin Help for Homeowners