Tenant Rights in Beaver Dam, Wisconsin

Key Takeaways

  • None — prohibited by state law (Wis. Stat. § 66.1015)
  • Must be returned within 21 days of move-out with itemized statement; wrongful withholding triggers double damages plus attorney's fees (Wis. Stat. § 704.28)
  • 28 days' written notice required to terminate a month-to-month tenancy (Wis. Stat. § 704.19)
  • No just-cause requirement in Beaver Dam or under Wisconsin state law — landlords may end tenancies with proper notice
  • Legal Action of Wisconsin, Wisconsin Judicare, Legal Aid Society of Milwaukee

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1. Overview: Tenant Rights in Beaver Dam

Beaver Dam is a city of roughly 16,000 residents in Dodge County, Wisconsin, where a significant share of households rent their homes. Like all Wisconsin renters, Beaver Dam tenants are governed entirely by state landlord-tenant law — primarily Wis. Stat. Chapter 704 — which sets clear rules on security deposits, repairs, lease terminations, and eviction procedures. The City of Beaver Dam has not enacted any local tenant protections beyond what state law provides.

The most common concerns for Beaver Dam renters involve security deposit disputes, landlord responsiveness to repair requests, and understanding eviction notice timelines. Wisconsin's statutory framework addresses each of these issues in detail, giving tenants meaningful tools to assert their rights. Landlords here may raise rent by any amount at lease renewal since rent control is banned statewide, but they must still follow strict notice and habitability requirements.

This guide summarizes the tenant protections that apply to Beaver Dam renters under Wisconsin law. It is provided for informational purposes only and does not constitute legal advice. If you face an eviction, deposit dispute, or other housing crisis, contact a qualified attorney or one of the legal aid organizations listed at the bottom of this page.

2. Does Beaver Dam Have Rent Control?

Beaver Dam has no rent control, and no Wisconsin city does. Wisconsin state law explicitly strips local governments of the authority to regulate rents. Wis. Stat. § 66.1015 states that no city, village, town, or county may enact or enforce an ordinance or resolution that controls the amount of rent charged for private residential property. This preemption applies statewide and cannot be overridden by local vote or ordinance.

In practical terms, this means your landlord in Beaver Dam can raise your rent by any dollar amount at the end of a lease term or, for month-to-month tenancies, with proper advance notice. There is no cap on how large an increase can be, no requirement to justify the increase, and no registration or reporting requirement for landlords. The only constraint is that a rent increase cannot be used as unlawful retaliation against a tenant who has exercised a legal right (see the retaliation protections discussed below).

Renters who are concerned about affordability or sudden rent increases should review their lease carefully before signing and document any communications about rent changes in writing. While Wisconsin law cannot limit the size of an increase, it does require landlords to provide adequate written notice before a new rent amount takes effect.

3. Wisconsin State Tenant Protections That Apply in Beaver Dam

Wisconsin's landlord-tenant statutes provide a comprehensive set of tenant protections that apply in full to Beaver Dam renters. Key protections include the following:

Security Deposit Rules (Wis. Stat. § 704.28): Wisconsin imposes no statutory cap on the amount a landlord may charge as a security deposit. However, landlords must return the deposit — along with an itemized written statement of any deductions — within 21 days after the tenant vacates and returns the keys. Permissible deductions are limited to unpaid rent, damage beyond normal wear and tear, and other specific lease obligations. Wrongful withholding entitles the tenant to recover twice the amount improperly withheld, plus reasonable attorney's fees.

Habitability and Repairs (Wis. Stat. § 704.07): Wisconsin landlords must keep rental premises in a reasonable state of repair, comply with applicable housing codes, and maintain essential services such as heat, plumbing, and electrical systems. After a tenant provides written notice of a defect, the landlord has a reasonable time to make repairs. If a landlord fails to act, tenants may have the right to withhold rent, repair and deduct costs, or terminate the lease — depending on the severity of the condition and whether proper procedures are followed.

Notice to Terminate Month-to-Month Tenancy (Wis. Stat. § 704.19): A landlord must give a month-to-month tenant at least 28 days' written notice before terminating the tenancy. The tenant must also provide at least 28 days' written notice to vacate. Notices must generally expire on the last day of a rental period. Fixed-term leases end at the lease expiration date unless renewed.

Anti-Retaliation Protection (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting code violations to a government agency, requesting repairs, or otherwise exercising a legal right. Wisconsin law creates a rebuttable presumption of retaliation if the landlord takes an adverse action — such as raising rent, reducing services, or initiating eviction — within six months of a protected act. A tenant who prevails on a retaliation claim may recover actual damages and attorney's fees.

Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord may not remove a tenant's personal property, change the locks, shut off utilities, or otherwise interfere with the tenant's possession of the unit outside of a court-ordered eviction. Violations entitle the tenant to punitive damages of up to two months' rent, plus actual damages.

4. Security Deposit Rules in Beaver Dam

Under Wis. Stat. § 704.28, Wisconsin landlords may collect a security deposit in any amount — state law sets no statutory cap. Beaver Dam has not enacted any local cap, so the deposit amount is whatever is negotiated in the lease.

Return Deadline: After the tenant vacates and surrenders possession of the unit (including returning all keys), the landlord has 21 days to either return the full deposit or mail an itemized written statement of deductions along with any remaining balance. The 21-day clock begins when the tenant vacates and the keys are returned, whichever is later.

Permissible Deductions: A landlord may deduct for unpaid rent, physical damage to the unit beyond normal wear and tear, and other specific monetary obligations listed in the lease (such as unpaid utilities if the lease requires the tenant to pay them). Deductions for ordinary wear and tear — fading paint, minor scuffs, worn carpet from normal use — are not permitted.

Penalty for Wrongful Withholding: If a landlord fails to return the deposit or provide a proper itemized statement within 21 days, or if the landlord wrongfully withholds any portion, the tenant is entitled to recover twice the amount improperly withheld plus reasonable attorney's fees under Wis. Stat. § 704.28(4). Tenants should document move-out conditions with timestamped photographs and obtain written confirmation of the key return date.

Pre-Tenancy Checklist: Wisconsin law and the Wisconsin Administrative Code (ATCP 134) require landlords to give new tenants a written inventory of the property's condition before move-in. Tenants have the right to note disagreements on the checklist. Completing this step protects tenants against deposit deductions for pre-existing damage.

5. Eviction Process and Your Rights in Beaver Dam

Wisconsin's eviction (small claims summary judgment) process is governed by Wis. Stat. Chapter 799 and the substantive notice requirements of Wis. Stat. Chapter 704. A landlord cannot remove a tenant without going through the court process — self-help eviction is illegal (Wis. Stat. § 704.11).

Step 1 — Notice: Before filing for eviction, a landlord must serve written notice on the tenant. The required notice period depends on the reason:

Step 2 — Filing: If the tenant does not comply with the notice, the landlord may file an eviction action in Dodge County Circuit Court (Small Claims Division). The filing fee is paid by the landlord.

Step 3 — Hearing: The court schedules a hearing, typically within a few weeks of filing. The tenant has the right to appear, present defenses, and challenge the eviction. Tenants should bring all documentation — lease, payment receipts, communications with the landlord, and photographs — to the hearing.

Step 4 — Judgment and Writ of Restitution: If the court enters a judgment for the landlord, a Writ of Restitution is issued. The tenant then has a short period (typically 10 days from judgment) before the sheriff may enforce the writ and physically remove the tenant.

No Just-Cause Requirement: Wisconsin does not require landlords to have a specific reason (just cause) to end a month-to-month tenancy. With 28 days' proper notice, a landlord may decline to renew without explanation — as long as the decision is not retaliatory or discriminatory under state or federal fair housing law.

Self-Help Eviction is Illegal: A landlord who locks out a tenant, removes belongings, shuts off utilities, or removes doors or windows to force a tenant out — without a court order — violates Wis. Stat. § 704.11 and may owe the tenant punitive damages of up to two months' rent plus actual damages. Call local law enforcement or seek emergency legal assistance immediately if this happens.

6. Resources for Beaver Dam Tenants

The information on this page is provided for general educational purposes only and does not constitute legal advice. Tenant rights laws and local ordinances can change, and the specific facts of your situation may affect which protections apply to you. RentCheckMe is not a law firm and does not provide legal representation. If you are facing an eviction, security deposit dispute, or other housing legal matter, please consult a licensed attorney or contact one of the legal aid organizations listed above. Always verify current statutes and any local rules directly with official government sources or qualified legal counsel.

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Frequently Asked Questions

Does Beaver Dam have rent control?
No. Beaver Dam has no rent control, and Wisconsin state law prohibits all local governments from enacting rent control ordinances under Wis. Stat. § 66.1015. This means landlords in Beaver Dam may charge any rent amount and raise rent by any amount with proper advance notice. No city or county in Wisconsin is permitted to pass a rent control law.
How much can my landlord raise my rent in Beaver Dam?
There is no limit on the size of a rent increase in Beaver Dam or anywhere in Wisconsin, because Wis. Stat. § 66.1015 bans local rent control statewide. For a month-to-month tenancy, the landlord must provide at least 28 days' written notice before a new rent amount takes effect (Wis. Stat. § 704.19). However, a rent increase may not be used as retaliation against a tenant who has exercised a legal right under Wis. Stat. § 704.45.
How long does my landlord have to return my security deposit in Beaver Dam?
Your landlord must return your security deposit — along with an itemized written statement of any deductions — within 21 days after you vacate the unit and return all keys, under Wis. Stat. § 704.28. If the landlord fails to comply or wrongfully withholds any portion, you may be entitled to recover twice the improperly withheld amount plus reasonable attorney's fees. Document your move-out with photographs and get written confirmation of the key return date.
What notice does my landlord need before evicting me in Beaver Dam?
Notice requirements depend on the reason for eviction. For non-payment of rent, your landlord must give you a 5-day written notice to pay or vacate (Wis. Stat. § 704.17(2)). To end a month-to-month tenancy without cause, the landlord must provide at least 28 days' written notice (Wis. Stat. § 704.19). After the notice period expires, the landlord must file an eviction action in Dodge County Circuit Court — they cannot physically remove you without a court order and Writ of Restitution.
Can my landlord lock me out or shut off utilities in Beaver Dam?
No. Self-help eviction is illegal in Wisconsin under Wis. Stat. § 704.11. A landlord cannot change your locks, remove your belongings, shut off your utilities, or otherwise interfere with your possession of the rental unit outside of a court-ordered eviction process. If your landlord does any of these things, you may be entitled to punitive damages of up to two months' rent plus your actual damages. Contact law enforcement or a legal aid organization immediately if this occurs.
What can I do if my landlord refuses to make repairs in Beaver Dam?
Wisconsin landlords are required to maintain rental premises in a reasonable state of repair and comply with applicable housing codes under Wis. Stat. § 704.07. You should notify your landlord of needed repairs in writing and keep a copy. If the landlord fails to act within a reasonable time, you may have remedies including rent withholding, repair-and-deduct, or lease termination, depending on the severity of the issue and proper procedures. You can also file a complaint with the City of Beaver Dam's building or code enforcement department or contact a legal aid organization for guidance.

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