Tenant Rights in Ashwaubenon, Wisconsin

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1. Overview: Tenant Rights in Ashwaubenon

Ashwaubenon is a village in Brown County, Wisconsin, located directly adjacent to Green Bay and home to Lambeau Field. The village has a significant renter population, with many residents leasing apartments, townhomes, and duplexes near major employers and entertainment venues. Renters here are governed entirely by Wisconsin state law — specifically Wis. Stat. Chapter 704 — which provides detailed rules covering security deposits, habitability, eviction procedures, and retaliation protections.

The most common questions Ashwaubenon renters have involve security deposit returns, rent increases, and what happens when a landlord fails to make repairs. Wisconsin law addresses all of these with specific timelines and remedies, giving tenants meaningful tools to enforce their rights without relying on any local ordinance. Because Ashwaubenon has not enacted any municipal tenant protections beyond state law, the state statute is the primary framework every renter should understand.

This page summarizes the tenant rights laws most relevant to Ashwaubenon renters. It is intended as general legal information only — not legal advice. Laws can change and individual circumstances vary; if you have a specific dispute, consult a qualified attorney or contact a legal aid organization serving Brown County.

2. Does Ashwaubenon Have Rent Control?

Ashwaubenon has no rent control, and Wisconsin state law makes that permanent. Wis. Stat. § 66.1015 explicitly prohibits any city, village, town, or county in Wisconsin from enacting an ordinance that controls the amount of rent charged for private residential housing. This statewide preemption has been in place for decades and applies universally — no local government in Wisconsin may pass rent stabilization or rent control of any kind.

In practice, this means your landlord in Ashwaubenon may raise your rent by any amount, at any time, as long as they provide proper advance written notice. For month-to-month tenants, that notice must be at least 28 days before the new rent takes effect (Wis. Stat. § 704.19). For tenants with a fixed-term lease, rent cannot be increased until the lease expires unless the lease itself allows for mid-term increases. There is no cap, no ceiling, and no government approval process for rent hikes in Ashwaubenon.

While rent control is off the table, Wisconsin's other tenant protections — covering deposits, habitability, anti-retaliation, and eviction procedure — remain fully in force and are described in detail below.

3. Wisconsin State Tenant Protections That Apply in Ashwaubenon

Wisconsin's landlord-tenant statutes (Wis. Stat. Chapter 704) provide Ashwaubenon renters with several enforceable protections:

Habitability and Repairs (Wis. Stat. § 704.07): Landlords must keep rental premises in a reasonable state of repair and in compliance with local housing codes. This duty cannot be waived by contract. After a tenant provides written notice of a defect, the landlord must repair it within a reasonable time. If the landlord fails to act, tenants may have the right to withhold rent, hire someone to make the repair and deduct the cost, or terminate the lease — depending on the severity and circumstances. For conditions affecting health or safety, tenants should document everything in writing before taking any unilateral action.

Security Deposit Rules (Wis. Stat. § 704.28): Landlords must return the full security deposit — along with an itemized written statement of any deductions — within 21 days after the tenant vacates and returns the keys. Deductions are only permitted for unpaid rent, tenant-caused damage beyond normal wear and tear, and certain other documented costs. Wrongfully withholding any portion of the deposit entitles the tenant to recover double the amount improperly withheld, plus attorney's fees.

Notice to Terminate (Wis. Stat. § 704.19): A landlord must give a month-to-month tenant at least 28 days' written notice before terminating the tenancy. The notice period runs from the next rent due date after it is delivered. Tenants on fixed-term leases are protected from early termination except for cause, unless the lease expressly provides otherwise.

Anti-Retaliation Protection (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting housing code violations, contacting a government agency about habitability, joining a tenant organization, or exercising any other legal right. If a landlord raises rent, refuses to renew, or begins eviction proceedings within six months of a protected act, Wisconsin law presumes the action is retaliatory — the burden shifts to the landlord to prove a legitimate non-retaliatory reason.

Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11): A landlord in Wisconsin cannot remove a tenant from a rental unit through self-help measures. Changing the locks, removing the door, or shutting off utilities to force a tenant out is illegal. A tenant subjected to an illegal lockout or utility shutoff is entitled to punitive damages of up to two months' rent, plus actual damages and attorney's fees. The only legal way to remove a tenant is through the court eviction process.

4. Security Deposit Rules in Ashwaubenon

Wisconsin imposes no statutory cap on the amount a landlord in Ashwaubenon may charge as a security deposit — a landlord can require one month's rent, two months' rent, or any other amount. Before collecting a deposit, landlords are required under Wis. Admin. Code § ATCP 134.06 to give new tenants a written check-in form documenting the condition of the unit, and to inform tenants of their right to inspect the premises before moving in.

After the tenancy ends, the landlord must return the full security deposit — along with a written, itemized statement of any deductions — within 21 days of the later of: (a) the tenant vacating the unit, or (b) the tenant providing a forwarding address (Wis. Stat. § 704.28(2)). Permissible deductions are limited to unpaid rent, damage beyond normal wear and tear, and certain other costs expressly authorized by the lease or state law.

If a landlord wrongfully withholds any portion of the deposit — or fails to return it with a proper itemized statement within 21 days — the tenant may sue under Wis. Stat. § 704.28(4) to recover double the amount improperly withheld, plus court costs and reasonable attorney's fees. Tenants should send their forwarding address in writing (ideally certified mail) immediately upon moving out to start the 21-day clock and create a clear record.

5. Eviction Process and Your Rights in Ashwaubenon

Wisconsin law establishes a mandatory court-based eviction process. A landlord in Ashwaubenon cannot remove a tenant without following every step — any shortcut is illegal and exposes the landlord to significant liability under Wis. Stat. § 704.11.

Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with a written notice. The type and length of notice depends on the reason for eviction:

• Non-payment of rent: 5-day notice to pay or vacate (Wis. Stat. § 704.17(2)).
• Lease violation (other than non-payment): 5-day notice to cure or vacate for month-to-month tenants; 30-day notice for tenants with leases longer than one year (Wis. Stat. § 704.17).
• End of month-to-month tenancy (no fault): 28 days' written notice (Wis. Stat. § 704.19).
• Criminal activity or serious lease violation: 5-day unconditional vacate notice may apply in some circumstances.

Step 2 — Filing an Eviction Action: If the tenant does not comply with the notice, the landlord may file an eviction lawsuit (called an action for eviction) in Brown County Circuit Court or Small Claims Court, depending on the amount in controversy. The tenant is served with a summons and complaint and given a date to appear.

Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to present defenses — such as retaliation, failure to maintain habitability, or procedural defects in the notice. If the landlord prevails, the court issues a judgment for eviction.

Step 4 — Writ of Restitution: After judgment, the landlord must obtain a Writ of Restitution from the court. A law enforcement officer (not the landlord) serves the writ and oversees the tenant's removal if they have not vacated. The landlord has no legal authority to physically remove the tenant or their belongings without the writ.

Self-Help Eviction is Illegal: Under Wis. Stat. § 704.11, a landlord who changes locks, removes doors, shuts off utilities, or removes the tenant's belongings without a court order commits an illegal lockout. The tenant may seek punitive damages of up to two months' rent, plus actual damages and attorney's fees, through the courts.

6. Resources for Ashwaubenon Tenants

• Legal Action of Wisconsin — Free civil legal aid for low-income residents of Southern Wisconsin, including housing cases, eviction defense, and tenant rights. Serves multiple counties; contact them to confirm coverage for Brown County.
• Wisconsin Judicare — Free civil legal services for low-income residents of Northern and Central Wisconsin, including housing disputes and eviction matters. Covers much of the state outside of Milwaukee and Madison.
• Tenant Resource Center – Madison — Provides free tenant counseling, education, and referrals for Wisconsin renters. Although based in Madison, their online resources and guides apply statewide and are an excellent starting point for any Wisconsin tenant.
• Legal Aid Society of Milwaukee — Free legal help for low-income Milwaukee County residents; also a useful referral resource for renters statewide who need direction to the appropriate legal aid provider in their area.
• Wisconsin Court System (courts.wi.gov) — Official portal for Brown County Circuit Court records, small claims forms, and court locations. Tenants involved in eviction proceedings can look up their case and access self-help resources here.

Frequently Asked Questions