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Baraboo is the county seat of Sauk County and home to a mix of longtime residents, students, and workers drawn to the Dells-area tourism economy. Renters make up a significant share of the housing market, and many are unfamiliar with the specific rights Wisconsin law gives them when dealing with landlords over deposits, repairs, and eviction.
Wisconsin's primary landlord-tenant statute — Wis. Stat. § 704 — applies uniformly across the state, including Baraboo. It establishes enforceable rules on security deposit handling, the landlord's duty to maintain habitable conditions, required notice periods, anti-retaliation protections, and the prohibition on self-help evictions. Baraboo has enacted no local ordinances that add to or modify these state protections.
This article summarizes the state laws most relevant to Baraboo renters based on research current as of April 2026. It is provided for informational purposes only and is not legal advice. Laws can change, and individual circumstances vary — consult a qualified attorney or legal aid organization for guidance on your specific situation.
Baraboo has no rent control, and Wisconsin state law makes that permanent. Under Wis. Stat. § 66.1015, no city, village, town, or county in Wisconsin may enact an ordinance that controls the amount of rent charged for private residential housing. This preemption is absolute — it applies regardless of local housing conditions or rental market pressures.
In practice, this means a landlord in Baraboo can raise rent by any dollar amount, at any time, as long as they give the required advance written notice. For month-to-month tenants, that notice is at least 28 days (Wis. Stat. § 704.19). For fixed-term leases, rent cannot be changed mid-term unless the lease expressly allows it — but at renewal, the landlord is free to set a new rate without any cap.
Renters cannot challenge a rent increase as excessive under any local or state rent regulation. Your strongest protections lie elsewhere: deposit rules, habitability obligations, anti-retaliation law, and eviction procedures, all detailed below.
Wisconsin's Wis. Stat. § 704 provides several significant tenant protections that apply to every rental in Baraboo.
Habitability and Repairs (Wis. Stat. § 704.07): Landlords must keep rental units in a reasonable state of repair, maintain structural components, plumbing, heating, and electrical systems, and comply with applicable housing codes. If a condition threatens health or safety, the tenant must notify the landlord in writing; the landlord then has a reasonable time to fix it. Depending on the severity and the landlord's response, tenants may have remedies including rent withholding, lease termination, or damages. Tenants cannot waive these rights through a lease clause.
Security Deposits (Wis. Stat. § 704.28): There is no statutory cap on the amount a landlord may charge. Landlords must return the deposit — with an itemized written statement of any deductions — within 21 days of move-out. Wrongful withholding entitles the tenant to double the improperly withheld amount plus reasonable attorney's fees. Wisconsin Administrative Code ATCP 134 also imposes additional disclosure and handling requirements.
Notice to Terminate (Wis. Stat. § 704.19): Either party may terminate a month-to-month tenancy by giving at least 28 days' written notice before the next rent due date. Fixed-term leases expire at the end of the lease term; early termination requires the grounds and procedures set out in the lease or statute.
Anti-Retaliation (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting housing code violations, complaining to the landlord about conditions, or exercising any legal right. If a landlord takes an adverse action — such as raising rent, refusing to renew, or filing for eviction — within six months of a protected act, there is a rebuttable presumption of retaliation. A tenant who prevails on a retaliation claim may recover actual damages, costs, and attorney's fees.
Lockout Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal. A landlord who changes locks, removes doors, shuts off utilities, or otherwise attempts to remove a tenant without going through the court eviction process is liable for punitive damages of up to two months' rent, plus the tenant's actual damages and attorney's fees.
Wisconsin law (Wis. Stat. § 704.28) and Wisconsin Administrative Code ATCP 134 together govern how landlords in Baraboo must handle security deposits.
No statutory cap: Wisconsin does not limit the dollar amount a landlord may require as a security deposit. Landlords may also charge a separate pet deposit or other fees if disclosed in writing at the time of application.
21-day return deadline: After the tenant vacates, the landlord has exactly 21 days to either return the full deposit or mail an itemized written statement explaining each deduction, along with any remaining balance. The 21-day clock generally begins when the tenant returns the keys and vacates the premises. ATCP 134.06 specifies that deductions are limited to unpaid rent, damage beyond normal wear and tear, and other charges expressly allowed by the lease.
Penalty for wrongful withholding: If a landlord wrongfully withholds all or part of the deposit — including failing to provide a proper itemized statement on time — the tenant is entitled to recover double the amount wrongfully withheld, plus reasonable attorney's fees, in a small claims court action (Wis. Stat. § 704.28(4)). This double-damages remedy is a strong incentive for landlords to comply.
Move-in checklist: Under ATCP 134.06, landlords must provide a written check-in sheet at the start of the tenancy documenting pre-existing damage. Tenants should complete and return a signed copy to protect themselves from being charged for damage that was already present.
Evictions in Baraboo follow the Wisconsin statutory process established in Wis. Stat. §§ 704.17 and 799.40 et seq. A landlord cannot remove a tenant without going through the court system — self-help methods are illegal (Wis. Stat. § 704.11).
Step 1 — Written Notice: The type and length of notice depends on the reason for eviction. For nonpayment of rent, the landlord must give at least 5 days' written notice to pay or vacate (Wis. Stat. § 704.17(2)). For a material lease violation other than nonpayment, the landlord must give 5 days' notice to cure or vacate for month-to-month tenants, or 5 days' cure notice followed by a separate 30-day notice for longer-term tenants (Wis. Stat. § 704.17(2)-(3)). To terminate a month-to-month tenancy without cause, the landlord must give 28 days' written notice (Wis. Stat. § 704.19). Notice must be served properly — personally, or by leaving a copy at the residence and mailing a copy.
Step 2 — Filing an Eviction Action: If the tenant does not comply with the notice, the landlord may file an eviction (unlawful detainer) action in Sauk County Circuit Court. An eviction filing in Wisconsin small claims court triggers a summons and court date, typically set within 25 days of filing.
Step 3 — Court Hearing: Both parties may appear and present evidence. Tenants have the right to raise defenses, including improper notice, habitability issues, or retaliation. If the court finds in the landlord's favor, it issues a judgment for return of the premises.
Step 4 — Writ of Restitution: After judgment, the landlord must obtain a writ of restitution from the court before a sheriff can physically remove the tenant. The court typically gives the tenant a short period — often 5 days — to vacate voluntarily before the writ issues (Wis. Stat. § 799.44).
Self-Help Eviction Is Illegal: Changing locks, removing the tenant's belongings, shutting off heat or electricity, or any other attempt to force a tenant out without a court order is prohibited under Wis. Stat. § 704.11. Violations expose the landlord to punitive damages of up to two months' rent plus the tenant's actual damages.
This article is provided for informational purposes only and does not constitute legal advice. The tenant rights information presented here reflects Wisconsin law as of April 2026 and is intended as a general educational resource for Baraboo renters. Laws, ordinances, and court interpretations change over time, and individual situations vary significantly. For advice about your specific circumstances, consult a licensed Wisconsin attorney or contact a local legal aid organization such as Legal Action of Wisconsin or Wisconsin Judicare. RentCheckMe makes no representation that the information on this page is complete, current, or applicable to your particular situation.
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