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Cedarburg is a small, historic city in Ozaukee County, just north of Milwaukee along the Lake Michigan shoreline. While the city is best known for its preserved 19th-century limestone architecture and thriving downtown, a meaningful share of its residents rent their homes — and those renters rely entirely on Wisconsin state law for their legal protections, since Cedarburg has enacted no local landlord-tenant ordinances of its own.
Wisconsin's primary landlord-tenant statute, Wis. Stat. Chapter 704, governs nearly every aspect of the rental relationship in Cedarburg: from how security deposits must be handled, to what constitutes a habitable unit, to how much notice a landlord must give before ending a tenancy or raising the rent. Wisconsin's rules are among the more detailed in the Midwest, giving renters meaningful — if not unlimited — protections.
This page summarizes the laws most relevant to Cedarburg renters, including deposit return rules, repair rights, eviction procedures, and where to get free legal help. This content is informational only and does not constitute legal advice. Laws can change; consult a licensed attorney or legal aid organization for guidance specific to your situation.
Cedarburg has no rent control, and Wisconsin law makes it impossible for the city to enact any. Under Wis. Stat. § 66.1015, Wisconsin explicitly prohibits all local governments — cities, villages, towns, and counties — from adopting ordinances or regulations that control the amount of rent charged for private residential housing. This statewide preemption has been in place since 1981 and applies uniformly across the state, including Cedarburg and Ozaukee County.
In practical terms, this means a Cedarburg landlord may raise rent by any dollar amount at the end of a lease term or, for month-to-month tenants, after providing the required written notice under Wis. Stat. § 704.19. There is no cap on how large an increase can be, no requirement that increases be tied to inflation, and no advance notice requirement beyond the standard tenancy-termination notice period. Renters who receive a rent increase notice they cannot afford generally have only two options: negotiate with the landlord or vacate after the appropriate notice period.
Although Cedarburg has no local tenant protections, Wisconsin's Chapter 704 statutes provide a solid foundation of rights for renters throughout the state.
Habitability & Repairs (Wis. Stat. § 704.07): Wisconsin landlords are legally required to maintain rental units in a reasonable state of repair and in compliance with applicable housing codes. This includes keeping heating systems, plumbing, structural components, and common areas in working order. Tenants must notify the landlord in writing of needed repairs. After receiving written notice, the landlord has a reasonable time to complete repairs — with urgency depending on the severity of the problem. If a landlord fails to act, tenants may have the right to withhold rent, terminate the lease, or pursue other remedies under Wis. Stat. § 704.07(4).
Security Deposit Rules (Wis. Stat. § 704.28): Wisconsin does not cap the amount a landlord may charge as a security deposit, but strict rules govern its return. Landlords must return the deposit — with an itemized written statement of any deductions — within 21 days of the tenant vacating and returning keys. Failure to comply entitles the tenant to double the amount wrongfully withheld, plus reasonable attorney's fees. Deductions are only permitted for items such as unpaid rent, actual damage beyond normal wear and tear, and specific costs outlined in the lease.
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. Tenants must give the same minimum notice to the landlord. For fixed-term leases, the tenancy ends at the lease expiration date without additional notice unless the parties agree otherwise or the lease specifies a renewal mechanism.
Anti-Retaliation Protection (Wis. Stat. § 704.45): Landlords are prohibited from retaliating against tenants who report code violations, contact housing inspectors, join tenant organizations, or exercise any other legal right. Wisconsin law establishes a rebuttable presumption of retaliation if a landlord takes an adverse action — such as raising rent, filing for eviction, or reducing services — within six months of a protected act. The landlord bears the burden of proving the action was not retaliatory.
Lockout & Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord may not lock out a tenant, remove doors or windows, cut off utilities, or otherwise interfere with the tenant's possession of the unit outside of a formal court eviction process. Violations entitle the tenant to punitive damages of up to two months' rent, plus actual damages and attorney's fees.
Wisconsin does not set a maximum dollar amount that a landlord may charge for a security deposit, so Cedarburg landlords may request any amount they choose — though market norms typically range from one to two months' rent.
Under Wis. Stat. § 704.28, a landlord must return the security deposit — along with a written, itemized statement of any deductions — within 21 days after the tenant vacates and surrenders the keys (or the lease termination date, whichever is later). The itemized statement must describe each deduction and the dollar amount withheld. Allowable deductions include unpaid rent, damage beyond normal wear and tear, and other costs specifically authorized by the lease agreement.
If the landlord fails to return the deposit or the itemized statement within the 21-day window, or if the landlord improperly withholds any portion of the deposit, the tenant is entitled to double the amount wrongfully withheld plus reasonable attorney's fees under Wis. Stat. § 704.28(4). To protect themselves, tenants should document the unit's condition at move-in and move-out with photographs and written records, and request return of the deposit in writing upon vacating.
Wisconsin's statewide tenant protection rules for deposits are further detailed in the Wisconsin Administrative Code ATCP § 134, which is enforced by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) and covers prohibited lease clauses, check-in procedures, and pre-tenancy disclosures.
In Cedarburg, evictions are governed by Wis. Stat. Chapter 799 (small claims procedure) and Wis. Stat. Chapter 704. A landlord must follow a specific legal process — there are no shortcuts, and self-help eviction is prohibited.
Step 1 — Written Notice: Before filing for eviction, the landlord must serve the tenant with the appropriate written notice. The most common types are:
— 5-Day Notice to Pay or Vacate (non-payment of rent) — Wis. Stat. § 704.17(2)
— 5-Day Notice to Cure or Vacate (lease violation) — Wis. Stat. § 704.17(2)
— 14-Day Unconditional Quit Notice (serious or repeat violations) — Wis. Stat. § 704.17(2)
— 28-Day Termination Notice (month-to-month, no-fault non-renewal) — Wis. Stat. § 704.19
Step 2 — Filing in Court: If the tenant does not comply with or respond to the notice within the stated period, the landlord may file an eviction action (Eviction — Small Claims) in Ozaukee County Circuit Court. The landlord pays a filing fee and serves the tenant with a summons.
Step 3 — Court Hearing: The court schedules a hearing, typically within a few weeks. Both the landlord and tenant may present evidence. If the court rules in the landlord's favor, it issues a Judgment for Eviction and a Writ of Restitution.
Step 4 — Writ of Restitution: The Writ of Restitution authorizes the Ozaukee County Sheriff to remove the tenant if they have not vacated voluntarily. Wisconsin law requires a minimum waiting period before the writ is executed, giving the tenant time to leave.
Self-Help Eviction Is Illegal: Under Wis. Stat. § 704.11, a landlord may not change locks, remove a tenant's belongings, cut off utilities, or otherwise forcibly remove a tenant outside of this court process. Tenants subjected to an illegal lockout may seek punitive damages of up to two months' rent plus actual damages.
No Just-Cause Requirement: Wisconsin does not require landlords to have a specific reason (just cause) to non-renew a lease or terminate a month-to-month tenancy, as long as proper notice is given. However, a landlord may not terminate or refuse to renew in retaliation for protected tenant activity under Wis. Stat. § 704.45.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and the application of any law depends on the specific facts of your situation. Renters in Cedarburg or anywhere in Wisconsin who need guidance about a specific landlord dispute, eviction, or other housing matter should consult a licensed Wisconsin attorney or contact a qualified legal aid organization. RentCheckMe makes no representation that the information on this page is current, complete, or applicable to your circumstances.
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