Want to skip straight to checking your own building? Use the RentCheckMe address checker.
Grafton is a village of roughly 12,000 residents in Ozaukee County, situated along the Milwaukee River just north of Milwaukee. As part of the greater Milwaukee metropolitan area, Grafton attracts renters seeking suburban living with access to the city, and its rental market includes apartments, single-family homes, and duplexes. Tenants here are governed entirely by Wisconsin state landlord-tenant law — primarily Wis. Stat. Chapter 704 — as Grafton has not enacted any local tenant protection ordinances beyond what state law requires.
Wisconsin's landlord-tenant framework is among the more detailed in the Midwest, with specific rules on security deposit handling, habitability obligations, eviction procedures, and anti-retaliation protections. However, Wisconsin law also explicitly bans rent control statewide, meaning Grafton landlords may raise rent by any amount with proper notice. Renters in Grafton most commonly have questions about security deposit returns, repair obligations, and eviction notice requirements — all of which are addressed by state statute.
This page provides a plain-language summary of the tenant rights laws that apply to Grafton renters as of April 2026. It is informational only and does not constitute legal advice. Laws can change, and individual circumstances vary — consult a qualified attorney or legal aid organization for guidance specific to your situation.
Grafton has no rent control, and no Wisconsin municipality can enact rent control. Wisconsin state law explicitly preempts all local rent regulation through Wis. Stat. § 66.1015, which provides that no local government unit may regulate the amount of rent charged for private residential property. This prohibition applies to every city, village, town, and county in Wisconsin — including Grafton and Ozaukee County.
In practical terms, this means your landlord in Grafton may raise your rent by any dollar amount at any time, as long as proper advance written notice is provided before the increase takes effect. For month-to-month tenants, the landlord must give at least 28 days' written notice of a rent increase under Wis. Stat. § 704.19. For tenants on a fixed-term lease, the rent is locked in until the lease expires — the landlord cannot raise rent mid-lease unless the lease specifically allows it. Once the fixed term ends, the landlord may propose any new rent amount for a renewal or new lease.
There is no pending local legislation in Grafton or Ozaukee County to change this status, as any such ordinance would be void under § 66.1015 unless the state legislature amends that statute.
Wisconsin's Wis. Stat. Chapter 704 provides the core framework of tenant protections that apply to every renter in Grafton. The major protections are summarized below.
Security Deposits (Wis. Stat. § 704.28): Wisconsin does not cap the amount a landlord may charge for a security deposit, but strict rules govern its return. The landlord must return the deposit — with a written, itemized statement of any deductions — within 21 days after the tenant vacates and the landlord receives the tenant's forwarding address. If the landlord wrongfully withholds any portion of the deposit, the tenant is entitled to double the amount improperly withheld plus reasonable attorney's fees. Additional rules in Wis. Admin. Code § ATCP 134 (the Residential Rental Practices rule) require landlords to document pre-existing conditions at move-in and restrict the categories of allowable deductions.
Habitability and Repairs (Wis. Stat. § 704.07): Wisconsin landlords must keep rental premises in a reasonable state of repair and in compliance with applicable housing codes. After a tenant provides written notice of a needed repair, the landlord must make the repair within a reasonable time. If the landlord fails to act, tenants may have the right to withhold rent, terminate the lease, or pursue damages — depending on the severity of the condition and whether proper notice was given. Tenants may not withhold rent without following the procedures outlined in § 704.07.
Notice Requirements (Wis. Stat. § 704.19): To terminate a month-to-month tenancy, either the landlord or tenant must provide at least 28 days' written notice before the end of a rental period. For week-to-week tenancies, at least 5 days' notice is required. Fixed-term leases expire by their own terms; no additional notice is typically required unless the lease specifies otherwise.
Anti-Retaliation (Wis. Stat. § 704.45): Landlords are prohibited from retaliating against tenants who report housing code violations to a government authority, join a tenant union, exercise any legal right, or complain to the landlord in good faith about habitability. 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 harmed by retaliation may pursue damages, including actual damages and attorney's fees.
Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord may not remove a tenant from the premises, change the locks, or intentionally shut off utilities to force a tenant out without going through the court eviction process. A tenant subjected to an unlawful lockout may recover punitive damages of up to two months' rent plus actual damages from the landlord.
Wisconsin law under Wis. Stat. § 704.28 and Wis. Admin. Code § ATCP 134 establishes detailed rules for security deposits in Grafton rentals.
No Statutory Cap: Wisconsin does not limit how much a landlord may charge for a security deposit. However, any deposit collected must comply with all state rules regarding documentation, permitted deductions, and return timing.
Move-In Documentation: Under Wis. Admin. Code § ATCP 134.06, landlords must give new tenants a check-in sheet listing the condition of the unit. Tenants have the right to document and dispute any pre-existing damage. This documentation is critical if there is a dispute about deductions at move-out.
Return Deadline — 21 Days: The landlord must return the security deposit, along with a written itemized statement of any deductions, within 21 days after the tenancy ends and the landlord receives the tenant's forwarding address. The clock starts when both conditions are met — the tenant has vacated and provided a forwarding address. To protect yourself, provide your forwarding address in writing on or before your move-out date.
Allowable Deductions: Under § ATCP 134.06(3), landlords may only deduct for: unpaid rent; damages beyond normal wear and tear; other amounts the tenant owes under the rental agreement; and certain other itemized costs. 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 on time or makes improper deductions, the tenant may sue under Wis. Stat. § 704.28(4) and recover double the amount wrongfully withheld, plus reasonable attorney's fees. Small claims court in Ozaukee County is a common venue for these disputes.
In Grafton, a landlord must follow Wisconsin's formal eviction process under Wis. Stat. §§ 704.17, 704.19, and 799.40. Self-help eviction — changing locks, removing belongings, or shutting off utilities — is illegal under Wis. Stat. § 704.11 and exposes the landlord to significant liability.
Step 1 — Written Notice: Before filing for eviction, the landlord must serve the tenant with a written notice. The type and length of notice depends on the reason for eviction:
Step 2 — Filing in Circuit Court: If the tenant does not vacate or cure after proper notice, the landlord must file an eviction (unlawful detainer) action in Ozaukee County Circuit Court under Wis. Stat. § 799.40. The tenant is served with a summons and complaint and has the right to appear and contest the eviction at a hearing.
Step 3 — Court Hearing: The initial hearing is typically scheduled within a few days of filing. Both parties may present their case. If the court rules in the landlord's favor, a judgment for possession is entered. The tenant is given a short period to vacate — often as few as 5 days — before a writ of restitution may be issued.
Step 4 — Writ of Restitution: Only after a court issues a writ of restitution may law enforcement (the Ozaukee County Sheriff) physically remove the tenant. A landlord cannot remove the tenant through any other means.
Just Cause: Wisconsin does not require a landlord to have just cause to non-renew a fixed-term lease or terminate a month-to-month tenancy — proper written notice is sufficient. However, a landlord may not evict in retaliation for a protected act under Wis. Stat. § 704.45, and federal and state fair housing laws prohibit eviction on the basis of race, color, national origin, religion, sex, familial status, disability, or other protected characteristics.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws in Wisconsin — including Wis. Stat. Chapter 704, Wis. Admin. Code § ATCP 134, and any applicable local ordinances — may change after the publication date of this article. Individual circumstances vary, and this summary may not reflect every rule or exception that applies to your specific situation. Renters in Grafton, Wisconsin who have questions about their rights or a specific landlord-tenant dispute should consult a licensed attorney or contact a qualified legal aid organization such as Legal Action of Wisconsin or the Legal Aid Society of Milwaukee. RentCheckMe is not a law firm and does not provide legal representation or advice.
Find out if your home is covered by rent control or tenant protections.
Use the Address Checker →We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.