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Franklin is a mid-sized city in Milwaukee County, Wisconsin, with a growing residential rental market that attracts families and young professionals seeking housing south of Milwaukee. As renters in Franklin navigate lease agreements, security deposits, and maintenance requests, Wisconsin's landlord-tenant law under Wis. Stat. § 704 provides the primary legal framework governing their rights and responsibilities.
Wisconsin is among the more detailed Midwestern states when it comes to codified tenant protections. Franklin renters benefit from statewide rules on security deposit returns, habitability standards, anti-retaliation protections, and strict prohibitions against self-help evictions. However, Wisconsin law also explicitly bans rent control statewide, meaning landlords in Franklin may raise rent by any amount with proper notice.
This article is for informational purposes only and does not constitute legal advice. Laws and local ordinances can change — if you have a specific legal problem, contact a licensed Wisconsin attorney or one of the free legal aid organizations listed at the bottom of this page.
Franklin has no rent control ordinance, and it cannot enact one. Wisconsin state law explicitly prohibits all local governments — including cities, villages, towns, and counties — from adopting rent control or rent stabilization measures. The controlling statute is Wis. Stat. § 66.1015, which states that no local governmental unit may regulate the amount of rent charged for the use of a residential dwelling.
In practical terms, this means a landlord in Franklin can raise your rent by any dollar amount at any time, as long as they provide the legally required 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 tenants with a fixed-term lease, a rent increase generally cannot take effect until the lease expires, unless the lease expressly permits mid-term increases.
There is no pending local ordinance in Franklin that would change this, and any future attempt by the city to regulate rents would be void under state preemption. Renters concerned about large rent increases should review their lease carefully and consult one of the legal aid resources listed below.
Wisconsin's landlord-tenant statutes (Wis. Stat. ch. 704) and the Wisconsin Administrative Code (ATCP 134) together provide renters in Franklin with a meaningful set of protections on several key issues.
Habitability and Repairs (Wis. Stat. § 704.07): Wisconsin landlords must keep rental premises in a reasonable state of repair, comply with applicable housing codes, and maintain essential services such as heat, plumbing, and electricity. After a tenant provides written notice of a defect, the landlord must make repairs within a reasonable time. If the landlord fails to act, tenants may have the right to withhold rent or terminate the lease, depending on the severity of the condition. Consult an attorney before withholding rent.
Notice to Terminate Tenancy (Wis. Stat. § 704.19): For month-to-month rental agreements, the landlord must give the tenant at least 28 days' written notice before terminating the tenancy. Tenants must give the landlord the same 28-day notice before vacating. Many leases specify 30 days, which is also permissible.
Anti-Retaliation Protection (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting housing code violations to a government agency, joining a tenant union, or exercising any other legal right. Wisconsin law creates a rebuttable presumption of retaliation if the landlord takes an adverse action — such as raising rent, reducing services, or commencing eviction — within six months of a protected act by the tenant.
Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord may not remove a tenant's belongings, change the locks, or shut off utilities to force a tenant out. A tenant who suffers an illegal lockout is entitled to punitive damages of up to two months' rent plus actual damages and attorney's fees.
Disclosure Requirements (Wis. Admin. Code ATCP 134.04): Before a tenancy begins, landlords must disclose the name and address of the property owner or their authorized agent, the existence of any building code violations of which the landlord is aware, and certain utility billing arrangements. Violations of ATCP 134 can be pursued through the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).
Wisconsin law governs security deposits for Franklin rentals under Wis. Stat. § 704.28 and Wis. Admin. Code ATCP 134.06. There is no statutory cap on the amount a landlord may charge for a security deposit in Wisconsin, so landlords may set any amount they choose.
Return Deadline: After a tenant vacates, the landlord must return the security deposit — along with a written, itemized statement of any deductions — within 21 days. The 21-day clock begins on the date the tenant vacates the premises or the date the lease terminates, whichever is later.
Permitted Deductions: Under ATCP 134.06, a landlord may only deduct from the deposit for unpaid rent, damage beyond normal wear and tear, and certain other costs expressly authorized by the lease. Deductions for normal wear and tear — such as minor scuffs or carpet wear from ordinary use — are not permitted.
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 double the amount wrongfully withheld, plus reasonable attorney's fees, under Wis. Stat. § 704.28(4). Tenants can pursue this claim in small claims court in Milwaukee County.
Pre-Tenancy Checklist: Wisconsin law (ATCP 134.06) requires landlords to give tenants a check-in sheet documenting the condition of the unit before or at move-in. Tenants should complete this form carefully and keep a copy, as it is critical evidence if a deposit dispute arises at move-out.
Evictions in Franklin follow the Wisconsin eviction process set out in Wis. Stat. ch. 799 and Wis. Stat. § 704.17. Wisconsin does not require just cause for eviction — a landlord may decline to renew a lease or terminate a month-to-month tenancy for any legal reason, provided proper notice is given.
Step 1 — Written Notice: Before filing an eviction lawsuit, the landlord must provide the tenant with written notice. The required notice period depends on the reason for eviction:
Step 2 — Eviction Lawsuit (Writ of Restitution): If the tenant does not comply with the notice, the landlord may file an eviction action (also called a forcible entry and detainer action) in Milwaukee County Circuit Court Small Claims. The court will schedule a hearing, typically within 25 days of filing.
Step 3 — Court Hearing: Both parties appear before a court commissioner or judge. If the landlord prevails, the court issues a Writ of Restitution. The tenant generally has a brief period — often as little as 10 days — before the sheriff enforces the writ and removes the tenant.
Step 4 — Enforcement: Only a Milwaukee County Sheriff's deputy may physically remove a tenant. A landlord who attempts to remove a tenant without a court order — by changing locks, removing belongings, or shutting off utilities — commits an illegal self-help eviction and is subject to punitive damages of up to two months' rent plus actual damages under Wis. Stat. § 704.11.
Eviction Record: Wisconsin eviction filings are public record and appear on tenant screening reports even if the tenant wins the case. If you receive an eviction notice, seek legal help immediately from one of the organizations listed below.
This article is for informational purposes only and does not constitute legal advice. The information provided reflects Wisconsin law as of April 2026 and is intended to help renters in Franklin understand their general rights. Laws, ordinances, and court interpretations can change — always verify current rules with a licensed Wisconsin attorney or a qualified legal aid organization before making decisions about your tenancy. RentCheckMe is not a law firm and does not provide legal representation.
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