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Cudahy is a small residential city in Milwaukee County with a population of roughly 19,000, located along the western shore of Lake Michigan just south of Milwaukee. A significant share of Cudahy residents rent their homes, and many are working-class households who rely on affordable housing in one of the most competitive rental markets in the region. Renters in Cudahy most commonly ask about security deposit returns, what notice a landlord must give before raising rent or ending a tenancy, and what to do when a landlord fails to make repairs.
All tenant-landlord relationships in Cudahy are governed by Wisconsin state law — primarily Wis. Stat. Chapter 704 — along with the Wisconsin Administrative Code (ATCP 134), which imposes detailed rules on landlords regarding disclosures, deposits, and lease terms. Cudahy has not enacted any local tenant-protection ordinances beyond what the state requires, so Wisconsin statutes are the primary source of renter rights in the city.
This page is intended as an informational overview only and does not constitute legal advice. Laws can change, and individual situations vary. If you are facing eviction, a lease dispute, or a habitability problem, contact a qualified attorney or one of the free legal aid organizations listed below.
Cudahy has no rent control, and no Wisconsin city does. Wisconsin state law explicitly forbids local governments from enacting, maintaining, or enforcing any ordinance or resolution that controls the amount of rent charged for residential housing. This prohibition is codified at Wis. Stat. § 66.1015, which renders any hypothetical local rent-control effort legally void from the outset.
In practical terms, this means a landlord in Cudahy may raise rent by any dollar amount at any time — as long as proper advance notice is provided before the increase takes effect. For month-to-month tenants, Wisconsin law requires at least 28 days' written notice before a rent increase or termination of tenancy (Wis. Stat. § 704.19). For tenants with a fixed-term lease, rent generally cannot be increased until the lease term ends unless the lease expressly allows mid-term increases. There is no cap on how high rent may go, and no requirement that a landlord justify the amount of an increase.
Renters concerned about rent affordability should document all notices in writing, know when their lease expires, and budget for potential increases at renewal. While rent control is off the table, tenants do retain meaningful rights regarding deposits, repairs, and eviction procedure under state law.
Wisconsin's Chapter 704 statutes and the Wisconsin Administrative Code (ATCP 134) together provide a detailed framework of tenant protections that apply to every renter in Cudahy.
Security Deposits (Wis. Stat. § 704.28; ATCP 134.06): Wisconsin imposes no statutory cap on the amount a landlord may charge for a security deposit. However, the landlord must return the deposit — along with an itemized written statement of any deductions — within 21 days after the tenant vacates and the landlord receives a forwarding address. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and other charges specifically authorized by the lease. If a landlord wrongfully withholds any portion of the deposit, the tenant is entitled to double the amount wrongfully withheld, plus reasonable attorney's fees, in a civil action.
Habitability and Repairs (Wis. Stat. § 704.07): Landlords in Cudahy must keep rental units in a reasonable state of repair and comply with applicable housing and building codes. This includes maintaining heating, plumbing, electrical systems, and structural components. After a tenant provides written notice of a defect, the landlord has a reasonable time to make the repair. If the landlord fails to act, tenants may have the right to withhold rent, repair-and-deduct (for minor defects up to the statutory limit), or terminate the lease — depending on the severity of the condition.
Notice to Terminate Tenancy (Wis. Stat. § 704.19): A landlord renting to a month-to-month tenant must provide at least 28 days' written notice before the tenancy terminates. Notices must be delivered properly — personal service or by mail with additional time allowed. For tenants with fixed-term leases, the lease simply ends at expiration unless renewed; the landlord is not required to give a reason for non-renewal.
Anti-Retaliation (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting housing-code violations to a government authority, complaining to the landlord about habitability, or otherwise exercising a legal right. If a landlord takes an adverse action — such as raising rent, reducing services, or initiating eviction — within 6 months of a protected act, a rebuttable presumption of retaliation arises. A tenant who prevails on a retaliation claim may recover actual damages and attorney's fees.
Lockout Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord may not remove a tenant by changing locks, removing doors or windows, shutting off utilities, or using any other means to force a tenant out without a court order. A tenant subjected to an unlawful lockout may recover actual damages plus punitive damages up to two months' rent, as well as attorney's fees.
Security deposit rules for Cudahy renters are set by Wis. Stat. § 704.28 and Wis. Admin. Code ATCP 134.06. Wisconsin law does not cap the amount a landlord may charge as a security deposit — it is set by negotiation at the time of leasing.
Return Deadline: After a tenant vacates the unit and provides a forwarding address, the landlord has 21 days to return the deposit in full or provide an itemized written statement of deductions along with any remaining balance. The 21-day clock begins when both conditions are met: the tenant has vacated and the landlord has received the forwarding address.
Allowable Deductions: Landlords may deduct for unpaid rent, damage beyond normal wear and tear, and other specific charges permitted by the written lease. Deductions for ordinary wear and tear — such as minor scuffs, carpet wear from normal use, or small nail holes — are not permitted under ATCP 134.06.
Penalty for Wrongful Withholding: If a landlord fails to return the deposit within 21 days without a lawful basis, or makes improper deductions, the tenant may sue in small claims court (Milwaukee County) for double the amount wrongfully withheld, plus court costs and reasonable attorney's fees, under Wis. Stat. § 704.28(4). This double-damages remedy is a meaningful deterrent against bad-faith withholding.
Practical Tips: Document the unit's condition at move-in and move-out with dated photos or video. Provide your forwarding address to the landlord in writing on or before your move-out date to start the 21-day clock. Keep a copy of any written itemization or dispute correspondence.
Evictions in Cudahy follow Wisconsin's statewide eviction procedure governed by Wis. Stat. Chapter 799 (small claims procedure) and Wis. Stat. §§ 704.17–704.21. A landlord must go through the court process — self-help eviction is strictly prohibited.
Step 1 — Written Notice: Before filing any eviction lawsuit, the landlord must serve the tenant with a written notice appropriate to 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 (unlawful detainer) complaint in Milwaukee County Circuit Court, Small Claims Division. The tenant will be served with a summons and a court date, typically scheduled within 25 days of filing.
Step 3 — Court Hearing: Both parties appear before a court commissioner or judge. Tenants have the right to contest the eviction, raise defenses (including retaliation or habitability), and present evidence. If the court rules for the landlord, a judgment for eviction is entered.
Step 4 — Writ of Restitution: After judgment, the landlord may request a writ of restitution, which is served by a Milwaukee County sheriff. The tenant typically has a brief period (which the court may specify) to vacate before the sheriff enforces removal. Only a sheriff — not the landlord — may physically remove a tenant.
No Just-Cause Requirement: Wisconsin law does not require a landlord to have "just cause" to end a month-to-month tenancy or decline to renew a fixed-term lease. The landlord must simply give proper advance notice.
Self-Help Eviction Is Illegal: Under Wis. Stat. § 704.11, a landlord who locks out a tenant, removes their belongings, shuts off utilities, or otherwise attempts to force them out without a court order is liable for actual damages plus punitive damages of up to two months' rent. If you experience an illegal lockout, call law enforcement and contact legal aid immediately.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant-landlord laws are subject to change through legislation, court decisions, and administrative rulemaking. Individual circumstances vary and may affect how the law applies to your specific situation. Renters in Cudahy, Wisconsin with questions about their rights should consult a licensed attorney or contact a free legal aid organization. RentCheckMe is not a law firm and no attorney-client relationship is created by use of this site.
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