Tenant Rights in De Pere, Wisconsin

Key Takeaways

  • None — prohibited statewide by Wis. Stat. § 66.1015
  • Returned within 21 days with itemized statement; wrongful withholding = double the withheld amount plus attorney's fees (Wis. Stat. § 704.28)
  • At least 28 days' written notice required to terminate a month-to-month tenancy (Wis. Stat. § 704.19)
  • No just-cause requirement in De Pere or Wisconsin; landlords may non-renew with proper notice
  • Legal Action of Wisconsin, Wisconsin Judicare, Tenant Resource Center – Madison

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1. Overview: Tenant Rights in De Pere

De Pere is a growing city in Brown County, Wisconsin, located just south of Green Bay along the Fox River. The city has seen steady residential development in recent years, and a meaningful share of its roughly 25,000 residents rent their homes — making knowledge of Wisconsin's landlord-tenant laws especially valuable for local renters navigating leases, security deposits, and eviction procedures.

Wisconsin's landlord-tenant framework under Wis. Stat. § 704 is among the more comprehensive in the Midwest, setting clear rules on deposit returns, habitability standards, notice requirements, and tenant remedies. Because De Pere has enacted no local housing ordinances beyond state law, Wisconsin statutes are the primary — and essentially exclusive — source of tenant protections for renters in the city.

This page summarizes those protections in plain language to help De Pere renters understand their rights. It is provided for informational purposes only and does not constitute legal advice. If you have a specific legal dispute with your landlord, consult a licensed Wisconsin attorney or a qualified legal aid organization.

2. Does De Pere Have Rent Control?

De Pere has no rent control, and Wisconsin law makes that permanent. Under Wis. Stat. § 66.1015, local governments in Wisconsin are explicitly prohibited from enacting any ordinance, resolution, or policy that controls the amount of rent charged for private residential property. This statewide preemption means the De Pere City Council and Brown County Board have no legal authority to pass rent stabilization or rent control measures.

In practical terms, this means a De Pere landlord may raise your rent by any dollar amount at any time — as long as they give proper advance written notice before the increase takes effect. For month-to-month tenants, that notice must be at least 28 days before the next rental period under Wis. Stat. § 704.19. For tenants with a fixed-term lease, rent cannot be raised during the lease term unless the lease explicitly allows it; any increase would only apply upon renewal.

Renters who receive a large rent increase have the right to move out at the end of their notice period but cannot legally challenge the amount of the increase itself under Wisconsin law.

3. Wisconsin State Tenant Protections That Apply in De Pere

Wisconsin's Wis. Stat. Chapter 704 provides a comprehensive set of tenant protections that apply to every rental in De Pere. Key protections include:

Habitability and Repairs (Wis. Stat. § 704.07): Landlords must keep the rental premises in a reasonable state of repair, fit for the use intended by the parties, and in compliance with applicable local housing and building codes. After a tenant provides written notice of a defect, the landlord has a reasonable time to make repairs. If the landlord fails to act, the tenant may have the right to withhold rent proportionate to the reduction in value, terminate the lease, or pursue damages — depending on the severity of the condition.

Security Deposit Rules (Wis. Stat. § 704.28): Landlords must return a tenant's security deposit within 21 days of the tenant vacating, accompanied by an itemized written statement of any deductions. If the landlord wrongfully withholds any portion, the tenant may recover double the improperly withheld amount plus reasonable attorney's fees. Wisconsin imposes no statutory cap on the amount a landlord may collect as a security deposit.

Notice to Terminate (Wis. Stat. § 704.19): A landlord must give a month-to-month tenant at least 28 days' written notice prior to the date the tenancy is to terminate. Notice must be served in the manner prescribed by the statute. Many landlords provide 30 days, which also satisfies the requirement.

Anti-Retaliation Protection (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting housing code violations to a government agency, complaining to the landlord about habitability, or exercising any legal right. If a landlord takes an adverse action — such as raising rent, reducing services, or initiating eviction — within six months of a protected act, there is a rebuttable presumption that the action is retaliatory. A tenant who prevails on a retaliation claim may recover actual damages, punitive damages, and attorney's fees.

Lockout Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord who locks out a tenant, removes personal property, or cuts off essential services (such as heat, water, or electricity) without a court order is liable to the tenant for punitive damages of up to two months' rent, plus all actual damages incurred. The only lawful way to remove a tenant is through the court eviction process.

4. Security Deposit Rules in De Pere

Wisconsin does not cap how much a landlord in De Pere may collect as a security deposit — there is no statutory maximum. However, the rules governing the return of that deposit are strictly enforced under Wis. Stat. § 704.28.

Return Deadline: The landlord must return the full deposit (or the remaining balance after lawful deductions) within 21 days after the tenant vacates and the landlord receives the tenant's forwarding address, whichever is later. The landlord must accompany any deduction with a written, itemized statement describing each deduction and its dollar amount.

Permissible Deductions: Landlords may deduct for unpaid rent, physical damage beyond normal wear and tear, and certain other charges if permitted by the lease. Deductions for normal wear and tear — routine scuffs, minor carpet wear, faded paint — are not allowed.

Penalty for Wrongful Withholding: If a landlord fails to return the deposit within 21 days or makes improper deductions, the tenant is entitled to recover twice (2x) the amount wrongfully withheld, plus reasonable attorney's fees, by filing a small claims action in Brown County Circuit Court. This double-damages remedy provides a strong financial incentive for landlords to comply.

Practical Tip: Document the condition of your unit at move-in and move-out with dated photographs. Provide your forwarding address to the landlord in writing the day you vacate to start the 21-day clock.

5. Eviction Process and Your Rights in De Pere

Eviction in De Pere follows Wisconsin's statutory process governed by Wis. Stat. §§ 704.17, 704.21, and Chapter 799. Landlords must follow each step precisely; shortcuts are illegal and can result in liability for the landlord.

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

Step 2 — Summons and Complaint: If the tenant does not comply with the notice, the landlord may file an eviction action (called an Eviction Action or Forcible Entry and Detainer) in Brown County Circuit Court. The landlord must pay filing fees, and the tenant is served with a court summons.

Step 3 — Court Hearing: A hearing is typically scheduled within 25 days of filing. Tenants have the right to appear, present defenses, and raise affirmative defenses such as the landlord's failure to maintain the unit (Wis. Stat. § 704.07) or retaliation (Wis. Stat. § 704.45).

Step 4 — Writ of Restitution: If the court rules for the landlord, a Writ of Restitution is issued. The sheriff's office enforces the writ and physically removes the tenant if necessary. Only the sheriff — not the landlord — may carry out a removal.

Self-Help Eviction is Illegal: Under Wis. Stat. § 704.11, a landlord who removes a tenant's belongings, changes the locks, or shuts off utilities to force a tenant out faces punitive damages of up to two months' rent plus all actual damages. Tenants facing such tactics should contact law enforcement and seek immediate legal help.

Just Cause: Wisconsin does not require just cause for eviction at the end of a lease term or upon proper notice for month-to-month tenancies. However, evictions during an active lease term require a lease violation or non-payment of rent.

6. Resources for De Pere Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws — including statutes, administrative rules, and local ordinances — can change, and the specific facts of your situation may affect which rules apply to you. Nothing on this page creates an attorney-client relationship. If you have a dispute with your landlord or need advice about your specific circumstances, please consult a licensed Wisconsin attorney or contact a qualified legal aid organization in Brown County. RentCheckMe makes reasonable efforts to keep this content current but cannot guarantee that all information reflects the most recent legal developments.

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Frequently Asked Questions

Does De Pere have rent control?
No. De Pere has no rent control ordinance, and Wisconsin state law makes that permanent. Under <strong>Wis. Stat. § 66.1015</strong>, local governments in Wisconsin are expressly prohibited from enacting rent control or rent stabilization measures. This means your landlord can charge any rent amount and raise it by any amount, subject only to proper advance notice requirements.
How much can my landlord raise my rent in De Pere?
Wisconsin law imposes no limit on how much a landlord can raise rent in De Pere. However, the landlord must provide at least <strong>28 days' written notice</strong> before a rent increase takes effect for month-to-month tenants, as required by <strong>Wis. Stat. § 704.19</strong>. If you have a fixed-term lease, your rent generally cannot be raised during the lease term unless the lease itself expressly allows it.
How long does my landlord have to return my security deposit in De Pere?
Your landlord must return your security deposit — along with a written, itemized statement of any deductions — within <strong>21 days</strong> after you vacate and provide a forwarding address, per <strong>Wis. Stat. § 704.28</strong>. If the landlord fails to return the deposit or makes improper deductions, you are entitled to recover <strong>twice the amount wrongfully withheld</strong> plus reasonable attorney's fees by filing a small claims action in Brown County Circuit Court.
What notice does my landlord need before evicting me in De Pere?
The required notice depends on the reason for eviction under <strong>Wis. Stat. § 704.17</strong>. For non-payment of rent, you must receive a <strong>5-day notice to pay or vacate</strong>. For a lease violation, you receive a <strong>5-day cure-or-vacate notice</strong> for a first offense within 12 months. To terminate a month-to-month tenancy without cause, your landlord must give <strong>28 days' written notice</strong> under <strong>Wis. Stat. § 704.19</strong>. No eviction can proceed without a court order — notice alone does not require you to leave.
Can my landlord lock me out or shut off utilities in De Pere?
No. Self-help eviction is illegal in Wisconsin under <strong>Wis. Stat. § 704.11</strong>. A landlord who changes your locks, removes your belongings, or intentionally shuts off essential utilities (such as heat, water, or electricity) to force you out — without a court order — is liable to you for <strong>punitive damages of up to two months' rent</strong> plus all actual damages you suffer. If your landlord does this, contact local law enforcement and seek immediate legal assistance.
What can I do if my landlord refuses to make repairs in De Pere?
Wisconsin landlords are legally required to maintain rental units in a reasonable state of repair and in compliance with applicable housing codes under <strong>Wis. Stat. § 704.07</strong>. Start by providing your landlord with <strong>written notice</strong> describing the needed repair; keep a copy. If the landlord fails to respond within a reasonable time, you may have grounds to withhold a proportionate share of rent, terminate the lease, or sue for damages — depending on the severity. You can also file a complaint with the <strong>De Pere Building Inspection Division</strong> or contact Legal Action of Wisconsin or Wisconsin Judicare for free legal guidance.

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