Tenant Rights in Fond du Lac, Wisconsin

Last updated: April 2026

Fond du Lac renters are governed by Wisconsin state law — no rent control is permitted anywhere in Wisconsin, but state law provides meaningful protections on security deposits, habitability, eviction notice, and unlawful lockouts.

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Key Takeaways

  • Rent Control: None — prohibited statewide by Wis. Stat. § 66.1015
  • Security Deposit: No statutory cap; must be returned within 21 days with itemized statement or tenant is owed double the wrongfully withheld amount (Wis. Stat. § 704.28)
  • Notice to Vacate: 28 days' written notice required to end a month-to-month tenancy (Wis. Stat. § 704.19)
  • Just Cause Eviction: Not required — Fond du Lac has no just cause eviction ordinance
  • Local Protections: None documented
  • Local Resources: Legal Action of Wisconsin (legalaction.org), Wisconsin Judicare (judicare.org)

1. Overview: Tenant Rights in Fond du Lac

Fond du Lac is a city at the southern end of Lake Winnebago in Fond du Lac County, Wisconsin, serving as the county seat and a regional hub for manufacturing, healthcare, and retail trade. With a population of around 43,000, Fond du Lac has a diverse rental market that includes apartments, duplexes, and single-family rental homes. All landlord-tenant relationships in Fond du Lac are governed primarily by Wisconsin state law — specifically Wis. Stat. § 704 — along with the Wisconsin Administrative Code (ATCP § 134). Fond du Lac has not enacted any local rent control, just-cause eviction, or additional deposit protections beyond what state law requires.

Wisconsin's statewide framework provides renters with important rights: a 21-day security deposit return deadline with double-damages penalties, habitability and repair obligations, 28-day notice for month-to-month tenancy termination, anti-retaliation protections, and a strict prohibition on self-help eviction.

This page is intended as an informational overview of tenant rights in Fond du Lac. It is not legal advice. Renters facing eviction, deposit disputes, or other housing issues should contact Legal Action of Wisconsin or Wisconsin Judicare for free or low-cost legal assistance.

2. Does Fond du Lac Have Rent Control?

Fond du Lac has no rent control, and Wisconsin state law explicitly bans local governments from enacting it. Under Wis. Stat. § 66.1015, no city, village, town, or county in Wisconsin may enact an ordinance that controls the amount of rent charged for private residential housing. This prohibition applies uniformly across the state, including Fond du Lac and Fond du Lac County.

In practice, a Fond du Lac landlord can raise rent by any amount at the end of a lease term or, for month-to-month tenants, with at least 28 days' written notice under Wis. Stat. § 704.19. There is no cap on how large that increase can be. Renters who receive a rent increase notice may accept the new terms, negotiate with the landlord, or give proper notice and vacate.

Wisconsin law does provide meaningful protections in other areas — security deposits, habitability, retaliation, and eviction procedure — as detailed in the sections below.

3. Wisconsin State Tenant Protections That Apply in Fond du Lac

Wisconsin's landlord-tenant statute (Wis. Stat. § 704) and the Wisconsin Administrative Code (ATCP § 134) together form the primary legal framework for Fond du Lac rentals. Key protections for tenants include:

Security Deposit Rules (Wis. Stat. § 704.28; ATCP § 134.06): Landlords must return the security deposit — along with an itemized written statement of any deductions — within 21 days of the later of the lease termination date or the date the tenant vacates and returns the keys. If the landlord wrongfully withholds any portion, the tenant is entitled to double the amount improperly withheld, plus reasonable attorney's fees.

Habitability and Repairs (Wis. Stat. § 704.07): Landlords are required to maintain rental units in a reasonable state of repair and comply with applicable housing codes. After a tenant provides written notice of a repair need, the landlord has a reasonable time to act. If the landlord fails to respond, tenants may have rights to withhold rent, terminate the lease, or pursue damages.

Notice Requirements (Wis. Stat. § 704.19): For month-to-month tenancies, either party must give at least 28 days' written notice before terminating the tenancy. Fixed-term leases expire at the end of the term without additional notice unless the lease provides otherwise.

Anti-Retaliation Protection (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting a housing code violation or exercising any legal tenant right. Wisconsin law creates a rebuttable presumption of retaliation if the landlord takes adverse action within 6 months of a protected tenant act.

Lockout Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord who locks out a tenant or shuts off utilities without a court order is liable for punitive damages of up to two months' rent, plus actual damages and attorney's fees.

4. Security Deposit Rules in Fond du Lac

Wisconsin does not set a statutory maximum on security deposit amounts, so Fond du Lac landlords may charge any deposit amount. The governing rules are found in Wis. Stat. § 704.28 and Wis. Admin. Code ATCP § 134.06.

Return Deadline: Landlords must return the deposit — along with a written, itemized statement of any deductions — within 21 days of the later of: (a) the date the rental agreement terminates, or (b) the date the tenant vacates and returns the keys.

Permissible Deductions: Landlords may only deduct for items allowed by law, including unpaid rent and damage caused by the tenant beyond normal wear and tear. Deductions for ordinary wear and tear are not permitted.

Penalty for Wrongful Withholding: If a landlord fails to return the deposit within 21 days, fails to provide an itemized statement, or makes impermissible deductions, the tenant is entitled to recover double the amount wrongfully withheld, plus court costs and reasonable attorney's fees, under Wis. Stat. § 704.28(4). Tenants may bring such claims in Fond du Lac County Circuit Court small claims division.

Tip for Fond du Lac Renters: Document the unit's condition with timestamped photos or video at move-in and move-out.

5. Eviction Process and Your Rights in Fond du Lac

Evictions in Fond du Lac follow the Wisconsin court process established under Wis. Stat. § 799 and Wis. Stat. § 704.17. Self-help eviction is illegal.

Step 1 — Written Notice:

  • Nonpayment of rent: A 5-day written notice to pay or vacate (Wis. Stat. § 704.17(2)(a)).
  • Lease violation: A 5-day notice to cure or vacate for a first violation; a 5-day unconditional notice to vacate for a second or subsequent violation within 12 months.
  • Month-to-month termination (no cause): At least 28 days' written notice under Wis. Stat. § 704.19.

Step 2 — Filing in Court: If the tenant does not comply, the landlord may file an eviction action in Fond du Lac County Circuit Court small claims division.

Step 3 — Court Hearing: Both parties may appear and present evidence. Tenants may raise defenses including habitability failures, retaliatory eviction under Wis. Stat. § 704.45, or a defective notice.

Step 4 — Writ of Restitution: After judgment, the landlord must wait at least 10 days before requesting a writ of restitution. A sheriff or court officer carries out the physical removal.

Self-Help Eviction is Illegal: Under Wis. Stat. § 704.11, any lockout or utility shutoff without a court order entitles the tenant to punitive damages of up to two months' rent plus actual damages and attorney's fees.

6. Resources for Fond du Lac Tenants

  • Legal Action of Wisconsin — Free civil legal aid for income-eligible Wisconsin residents. Handles eviction defense, security deposit disputes, and habitability issues.
  • Wisconsin Judicare — Provides free civil legal services to income-eligible residents of northern and central Wisconsin, including Fond du Lac County. Call 1-800-472-1638.
  • Fond du Lac County Circuit Court — Where eviction and security deposit cases for Fond du Lac are filed in the small claims division.
  • City of Fond du Lac Inspection Services — Accepts housing code complaints and enforces minimum housing standards for rental properties within Fond du Lac city limits. Contact through the City of Fond du Lac's website (fdl.wi.gov).
  • Wisconsin DATCP — Tenants can file complaints about landlord violations of deposit or disclosure rules.

Frequently Asked Questions

Does Fond du Lac, WI have rent control?

No. Fond du Lac does not have rent control, and Wisconsin state law (Wis. Stat. § 66.1015) explicitly prohibits any city, village, town, or county from enacting rent control ordinances. There is no local ordinance in Fond du Lac that limits how much a landlord may charge or increase rent.

How much can my landlord raise my rent in Fond du Lac, WI?

There is no legal limit on how much a landlord can raise rent in Fond du Lac. Wisconsin prohibits rent control under Wis. Stat. § 66.1015. For month-to-month tenants, the landlord must provide at least 28 days' written notice before the increase takes effect under Wis. Stat. § 704.19. For fixed-term leases, rent cannot be changed mid-lease unless the lease expressly allows it.

How long does my landlord have to return my security deposit in Fond du Lac, WI?

Your landlord has 21 days to return your security deposit along with a written itemized statement of any deductions under Wis. Stat. § 704.28 and ATCP § 134.06. The 21-day clock starts from the later of your lease termination date or the date you vacate and return your keys. If your landlord fails to comply or makes improper deductions, you are entitled to recover double the wrongfully withheld amount plus attorney's fees.

What notice does my landlord need before evicting me in Fond du Lac, WI?

For nonpayment of rent, your landlord must give 5 days' written notice to pay or vacate under Wis. Stat. § 704.17(2)(a). For a lease violation, a 5-day notice to cure or vacate is typically required. To terminate a month-to-month tenancy without cause, your landlord must give at least 28 days' written notice under Wis. Stat. § 704.19. After the notice period, the landlord must file in Fond du Lac County Circuit Court.

Can my landlord lock me out or shut off utilities in Fond du Lac, WI?

No. Self-help eviction is illegal in Wisconsin under Wis. Stat. § 704.11. A landlord may never change your locks, shut off utilities, or take any other action to force you out without a court order. If your landlord does any of these things, you are entitled to punitive damages of up to two months' rent plus actual damages and attorney's fees.

What can I do if my landlord refuses to make repairs in Fond du Lac, WI?

Wisconsin landlords are required to maintain rental units in a reasonable state of repair under Wis. Stat. § 704.07. Send your landlord a written repair request and keep a copy. If the landlord fails to act within a reasonable time, you may be able to withhold rent, terminate the lease, or pursue damages. You can also file a complaint with the City of Fond du Lac's Inspection Services. Contact Wisconsin Judicare or Legal Action of Wisconsin for guidance.

This page is for general informational purposes only and does not constitute legal advice. Tenant rights laws in Wisconsin may change, and the application of these laws to your specific situation depends on facts that only a qualified attorney can evaluate. If you are facing eviction, a security deposit dispute, or any other housing legal matter in Fond du Lac, contact Legal Action of Wisconsin, Wisconsin Judicare, or a licensed Wisconsin attorney. RentCheckMe is not a law firm and cannot provide legal representation.

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