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Burlington is a city of roughly 11,000 residents in Racine County, situated along the Fox River in southeastern Wisconsin. A significant share of Burlington households rent their homes, and tenants here are governed entirely by Wisconsin's statewide landlord-tenant framework found in Wis. Stat. Ch. 704, as well as the administrative code in Wis. Admin. Code ATCP 134, which imposes additional consumer-protection rules around security deposits and rental practices.
Burlington has enacted no local rent control, rent stabilization, or tenant-protection ordinances beyond what state law already provides. That means the rules that govern your lease, your deposit, and your right to safe housing come directly from Wisconsin statutes — and understanding those statutes is the most important step a Burlington renter can take. Key issues Burlington tenants most frequently ask about include rent increase limits, security deposit returns, habitability and repair obligations, and the eviction process.
This page summarizes your rights under Wisconsin law as they apply to Burlington renters. It is provided for informational purposes only and does not constitute legal advice. Laws can change, and individual situations vary — consult a qualified attorney or legal aid organization for guidance specific to your circumstances.
Burlington has no rent control, and Wisconsin law makes that permanent at the local level. Wis. Stat. § 66.1015 explicitly prohibits any Wisconsin city, village, town, or county from enacting an ordinance that controls the amount of rent charged for privately owned residential or commercial property. Burlington has passed no such ordinance and, under this preemption statute, legally could not do so without a change in state law.
In practical terms, this means your landlord in Burlington may raise your rent by any dollar amount at any time — there is no cap, no allowable percentage, and no requirement to justify the increase. The only constraint is procedural: the landlord must give you proper advance written notice before a rent increase takes effect. For month-to-month tenants, that means at least 28 days' written notice under Wis. Stat. § 704.19. For fixed-term leases, rent cannot be changed during the lease term unless the lease itself allows for it.
Renters who receive a rent increase notice should review their lease carefully, confirm the notice period was honored, and — if the new rent is unaffordable — explore their options with a local legal aid organization before the increase takes effect.
Wisconsin's landlord-tenant law (Wis. Stat. Ch. 704) and the consumer-protection administrative code (Wis. Admin. Code ATCP 134) together provide Burlington renters with a solid set of baseline protections across several key areas:
Security Deposits (Wis. Stat. § 704.28 & Wis. Admin. Code ATCP 134.06): Wisconsin imposes no statutory cap on the amount a landlord may collect as a security deposit. However, landlords must return the deposit — along with a written, itemized statement of any deductions — within 21 days of the tenant vacating the unit. Deductions are permitted only for unpaid rent, physical damage beyond normal wear and tear, and certain other costs specifically allowed by the lease. A landlord who wrongfully withholds any portion of the deposit is liable for double the amount wrongfully withheld, plus the tenant's reasonable attorney's fees.
Habitability & Repairs (Wis. Stat. § 704.07): Burlington landlords are legally required to keep rental units in a reasonable state of repair and in compliance with local and state housing codes. This includes maintaining structural components, heating systems, plumbing, and other essential services. Once a tenant provides written notice of a needed repair, the landlord must act within a reasonable time. If the landlord fails to repair a condition that materially affects health or safety, the tenant may have the right to withhold rent, make the repair and deduct the cost, or terminate the lease — but tenants should consult legal aid before exercising any of these remedies.
Notice Requirements (Wis. Stat. § 704.19): For a month-to-month tenancy, either the landlord or the tenant must give at least 28 days' written notice to terminate the tenancy. The notice period runs from the next rental due date following delivery of the notice. For fixed-term leases, the lease ends on its stated end date unless the parties agree otherwise in writing.
Anti-Retaliation Protection (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting a code violation to a government agency, complaining to the landlord about habitability, or exercising any legally protected tenant right. Wisconsin law creates a rebuttable presumption of illegal retaliation if the landlord takes an adverse action — such as raising rent, threatening eviction, or reducing services — within six months of a protected tenant act. A landlord found to have retaliated may be liable for actual damages, costs, and attorney's fees.
Lockout & Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord may not change locks, remove doors, shut off utilities, or take any other action designed to force a tenant out without going through the court eviction process. A tenant who is unlawfully locked out or whose utilities are illegally terminated is entitled to recover punitive damages of up to two months' rent, plus actual damages and attorney's fees.
Wisconsin law imposes no maximum cap on security deposits, so Burlington landlords may charge whatever amount they and the tenant agree upon in the lease. However, once the tenancy ends, the law strictly governs what happens next.
Return Deadline: Under Wis. Stat. § 704.28 and Wis. Admin. Code ATCP 134.06(2), a Burlington landlord must return the security deposit — or whatever portion is not properly withheld — within 21 days of the date the tenant vacates the rental unit. The landlord must also provide a written, itemized statement explaining any deductions.
Permitted Deductions: Landlords may deduct for unpaid rent, physical damage to the unit beyond normal wear and tear, and other costs specifically authorized by the lease and by ATCP 134.06(3). Deductions for normal wear and tear — such as minor scuffs on walls or carpet wear from ordinary use — are not permitted.
Penalty for Wrongful Withholding: If a landlord fails to return the deposit within 21 days, fails to provide a proper itemized statement, or wrongfully withholds any portion of the deposit, the tenant is entitled to recover double the amount wrongfully withheld, plus the tenant's reasonable attorney's fees (Wis. Stat. § 704.28(4)). This double-damages remedy is a powerful tool — but tenants should document the move-out condition thoroughly with photos and written records to support any claim.
Pre-Tenancy Checklist: Under Wis. Admin. Code ATCP 134.06(1), landlords who collect a security deposit must provide a check-in sheet listing any pre-existing damages. Tenants should complete and return this form carefully, as it can be critical evidence if a deposit dispute arises later.
A Burlington landlord must follow Wisconsin's formal court eviction process — called an eviction action or forcible entry and detainer — to remove a tenant. There are no shortcuts, and self-help eviction (lockouts, utility shutoffs) is illegal under Wis. Stat. § 704.11.
Step 1 — Notice to the Tenant: Before filing in court, the landlord must serve the tenant with a proper written notice. The required notice period depends on the reason for eviction:
Step 2 — Filing the Eviction Action: If the tenant does not comply with the notice, the landlord may file an eviction complaint in Racine County Circuit Court (or small claims court for eviction cases). The tenant will be served with a summons and complaint and given a court date.
Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to present defenses — such as that the landlord failed to maintain the unit, retaliated against the tenant, or did not follow proper notice procedures. Tenants are strongly encouraged to attend and, if possible, bring legal representation.
Step 4 — Writ of Restitution: If the court rules in the landlord's favor, it issues a Writ of Restitution authorizing the sheriff to remove the tenant. Under Wis. Stat. § 799.44, the tenant typically has a brief period after the writ is issued before enforcement.
Just Cause: Wisconsin does not require landlords to have just cause (a specific reason) to decline to renew a lease or to terminate a month-to-month tenancy, as long as proper notice is given. Burlington has adopted no local just-cause ordinance.
Illegal Lockouts: If a landlord attempts to evict you by changing locks, removing belongings, or shutting off utilities without a court order, you are entitled to punitive damages of up to two months' rent plus actual damages under Wis. Stat. § 704.11. Contact law enforcement and a legal aid organization immediately if this occurs.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are complex and subject to change — statutes, administrative rules, and local ordinances may have been amended since this page was last updated in April 2026. The application of these laws depends on the specific facts of your situation. If you have questions about your rights as a tenant in Burlington, Wisconsin, you should consult a licensed attorney or contact a qualified legal aid organization. RentCheckMe is not a law firm and no attorney-client relationship is created by using this website.
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