Tenant Rights in Caledonia, Wisconsin

Key Takeaways

  • None — prohibited by state law (Wis. Stat. § 66.1015)
  • No statutory cap; landlord must return 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 Caledonia or Wisconsin state law; landlord may non-renew without stated reason with proper notice
  • Legal Action of Wisconsin, Legal Aid Society of Milwaukee, Wisconsin Judicare

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1. Overview: Tenant Rights in Caledonia

Caledonia is a village of roughly 25,000 residents in Racine County, situated just south of the City of Racine along Lake Michigan. A growing suburban community, Caledonia has seen steady residential development, and a significant share of its residents rent their homes — making an understanding of Wisconsin landlord-tenant law directly relevant to daily life here.

Unlike some larger Wisconsin cities, Caledonia has enacted no local rental housing ordinances of its own. That means renters here are governed entirely by Wisconsin state law — principally Wis. Stat. Chapter 704 — which covers everything from security deposit handling and habitability standards to eviction procedures and anti-retaliation protections. Wisconsin's landlord-tenant statutes are among the more detailed in the Midwest, offering renters meaningful rights even without a local housing code overlay.

This page is intended as an informational resource to help Caledonia renters understand the legal framework that applies to their tenancy. It is not legal advice. If you have a specific dispute with your landlord, consult a licensed Wisconsin attorney or contact one of the legal aid organizations listed at the bottom of this page.

2. Does Caledonia Have Rent Control?

Caledonia has no rent control, and no local government in Wisconsin can enact one. Wisconsin state law explicitly prohibits municipalities and villages from passing any ordinance that controls or limits the amount of rent a landlord may charge. The preemption statute, Wis. Stat. § 66.1015, states: 'No local governmental unit may enact, maintain, or enforce an ordinance or resolution that controls the amount of rent charged for private residential property.'

In practical terms, this means a landlord in Caledonia can raise your rent by any dollar amount with no legal ceiling — as long as they provide proper advance written notice before the increase takes effect. For month-to-month tenants, that notice period is at least 28 days under Wis. Stat. § 704.19. For fixed-term leases, rent cannot be increased mid-lease unless the lease expressly permits it — the increase would take effect only upon renewal.

Renters who are concerned about affordability should be aware that Wisconsin offers no rent stabilization protections at the state or local level. Your best defense against sudden increases is a fixed-term lease that locks in the rental rate for a defined period.

3. Wisconsin State Tenant Protections That Apply in Caledonia

Wisconsin's Chapter 704 statutes provide a comprehensive framework of tenant protections that apply to every rental unit in Caledonia. Below are the key protections Caledonia renters should know.

Habitability and Repairs (Wis. Stat. § 704.07): Wisconsin landlords are legally required to maintain rental premises in a reasonable state of repair and in compliance with applicable housing and building codes. This includes maintaining functioning plumbing, heating, electrical systems, and structural integrity. If a landlord fails to make necessary repairs after receiving written notice from the tenant, the tenant may have remedies including rent withholding, lease termination, or repair-and-deduct, depending on the severity of the defect. Tenants should always provide written notice and keep a copy for their records.

Security Deposits (Wis. Stat. § 704.28 and Wis. Admin. Code § ATCP 134): Wisconsin imposes strict rules on how landlords handle security deposits. The deposit must be returned — along with an itemized written statement of any deductions — within 21 days of the tenant vacating the unit and providing a forwarding address. Improper withholding entitles the tenant to recover twice the improperly withheld amount, plus reasonable attorney's fees.

Notice to Terminate Month-to-Month Tenancy (Wis. Stat. § 704.19): A landlord must provide at least 28 days' written notice before terminating a month-to-month tenancy. This notice must specify the date by which the tenant must vacate. Tenants must provide the same 28-day notice if they intend to end a month-to-month agreement.

Anti-Retaliation Protection (Wis. Stat. § 704.45): Wisconsin prohibits landlords from retaliating against tenants who report housing code violations, complain to a government agency, or exercise any right protected by law. If a landlord takes an adverse action — such as raising rent, reducing services, or initiating eviction — within 6 months of a tenant's protected act, a rebuttable presumption of retaliation applies. The tenant may raise retaliation as a defense in eviction proceedings or as an affirmative claim.

Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11): It is illegal in Wisconsin for a landlord to lock out a tenant, remove doors or windows, or shut off utilities as a method of forcing a tenant to leave. Violations entitle the tenant to punitive damages of up to two months' rent, plus actual damages. Tenants subjected to an illegal lockout should contact law enforcement and a legal aid attorney immediately.

4. Security Deposit Rules in Caledonia

Wisconsin law imposes clear rules on security deposits for rentals in Caledonia, governed by Wis. Stat. § 704.28 and the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) regulations at Wis. Admin. Code § ATCP 134.

No Statutory Cap: Wisconsin does not limit how much a landlord may charge for a security deposit. Landlords in Caledonia may require one month's rent, two months' rent, or any other amount they choose. Before signing a lease, verify the total deposit amount and document the unit's condition thoroughly.

Return Deadline — 21 Days: After a tenant moves out and provides a forwarding address, the landlord has exactly 21 days to either return the full deposit or mail an itemized written statement explaining any deductions, along with any balance owed to the tenant. The clock starts when both conditions are met: the tenant has vacated and provided a forwarding address.

Permissible Deductions: Under Wis. Admin. Code § ATCP 134.06, landlords may deduct only for unpaid rent, tenant-caused damage beyond normal wear and tear, and certain other costs specifically permitted by the lease. Deductions for normal wear and tear — such as minor scuffs, carpet wear from ordinary use, or faded paint — are not allowed.

Penalty for Wrongful Withholding: If a landlord fails to return the deposit or provide an adequate itemized statement within 21 days, or makes deductions that are not legally permitted, the tenant may sue and recover twice the amount improperly withheld, plus reasonable attorney's fees (Wis. Stat. § 704.28(4)). Wisconsin small claims court (Wis. Stat. § 799) is a practical venue for these disputes, with filing fees accessible to most renters.

Move-In and Move-Out Documentation: Wisconsin law requires landlords to give tenants a check-in sheet at move-in listing the condition of the unit. Tenants should complete, sign, and return this form — and take dated photographs — to protect themselves against unfair deductions at move-out.

5. Eviction Process and Your Rights in Caledonia

Evictions in Caledonia follow Wisconsin's statewide eviction procedure under Wis. Stat. §§ 704.17, 704.19, and 799.40–799.44. A landlord must follow each step in order — there are no shortcuts, and self-help eviction is strictly illegal.

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

Step 2 — Filing the Eviction Complaint: If the tenant does not comply with the notice, the landlord may file an eviction (unlawful detainer) action in Racine County Circuit Court small claims division. The tenant will be served with a summons and complaint and given a court date, typically within 25 days of filing (Wis. Stat. § 799.40).

Step 3 — Court Hearing: Both parties appear before a court commissioner or judge. Tenants have the right to appear and present defenses — including improper notice, retaliation, habitability issues, or payment of rent. If the court rules in the landlord's favor, a writ of restitution is issued.

Step 4 — Writ of Restitution: After a judgment for the landlord, the Racine County Sheriff enforces the writ of restitution. Only a sheriff's deputy may physically remove a tenant — the landlord has no authority to do so personally.

Self-Help Eviction Is Illegal: Under Wis. Stat. § 704.11, a landlord who locks out a tenant, removes belongings, shuts off utilities, or otherwise attempts to force a tenant out without a court order is liable for punitive damages of up to two months' rent plus actual damages. Tenants facing an illegal lockout should call local law enforcement and contact a legal aid organization immediately.

No Just-Cause Requirement: Wisconsin does not require landlords to have a specific reason for non-renewing a lease or terminating a month-to-month tenancy. As long as proper written notice is given, the eviction can proceed without the landlord stating a cause. This applies equally in Caledonia.

6. Resources for Caledonia Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. Landlord-tenant laws can change, and local enforcement practices may vary. Renters in Caledonia, Wisconsin facing a specific legal issue — such as an eviction, security deposit dispute, or habitability problem — should consult a licensed Wisconsin attorney or contact a qualified legal aid organization for advice tailored to their individual circumstances. RentCheckMe makes no warranty as to the accuracy or completeness of this information and is not responsible for actions taken in reliance on it.

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Frequently Asked Questions

Does Caledonia have rent control?
No. Caledonia has no rent control ordinance, and Wisconsin state law prohibits any local government from enacting one (Wis. Stat. § 66.1015). Landlords in Caledonia may raise rent by any amount, provided they give the required advance written notice — at least 28 days for month-to-month tenants under Wis. Stat. § 704.19.
How much can my landlord raise my rent in Caledonia?
There is no legal limit on rent increases in Caledonia or anywhere in Wisconsin, because Wis. Stat. § 66.1015 bars local rent control laws. A landlord can raise the rent by any amount but must provide at least 28 days' written notice before the increase takes effect on a month-to-month tenancy (Wis. Stat. § 704.19). For a fixed-term lease, the rent cannot be raised during the lease term unless the lease specifically allows it.
How long does my landlord have to return my security deposit in Caledonia?
Under Wis. Stat. § 704.28, your landlord must return your security deposit — along with an itemized written statement of any lawful deductions — within 21 days after you move out and provide a forwarding address. If the landlord fails to meet this deadline or makes impermissible deductions, you can sue to recover twice the wrongfully withheld amount plus reasonable attorney's fees.
What notice does my landlord need before evicting me in Caledonia?
The required notice depends on the reason for eviction. For nonpayment of rent, Wisconsin law requires a 5-day pay-or-vacate notice (Wis. Stat. § 704.17(2)(a)). To end a month-to-month tenancy without cause, the landlord must give at least 28 days' written notice (Wis. Stat. § 704.19). After proper notice expires without compliance, the landlord must still file in Racine County Circuit Court — they cannot remove you without a court order.
Can my landlord lock me out or shut off utilities in Caledonia?
No. Self-help eviction — including lockouts, utility shutoffs, or removal of doors and windows — is illegal in Wisconsin under Wis. Stat. § 704.11. A landlord who does this is liable for punitive damages of up to two months' rent, plus any actual damages you suffer. If you are illegally locked out, contact local law enforcement and a legal aid organization immediately.
What can I do if my landlord refuses to make repairs in Caledonia?
Wisconsin landlords are legally required to maintain rental units in a reasonable state of repair and in compliance with housing codes under Wis. Stat. § 704.07. Start by submitting a written repair request and keeping 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 problem. You can also file a complaint with your local municipality or county housing inspector, which may trigger an anti-retaliation presumption under Wis. Stat. § 704.45 if your landlord responds adversely.

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