Tenant Rights in Harrison, Wisconsin

Key Takeaways

  • None — prohibited statewide by Wis. Stat. § 66.1015
  • No cap; must be returned within 21 days with itemized statement; double damages plus attorney's fees if wrongfully withheld (Wis. Stat. § 704.28)
  • 28 days' written notice required for month-to-month tenancies (Wis. Stat. § 704.19)
  • No just-cause requirement in Wisconsin; landlord may terminate with proper notice
  • Legal Action of Wisconsin, Wisconsin Judicare, Legal Aid Society of Milwaukee

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1. Overview: Tenant Rights in Harrison

Harrison, Wisconsin is a village in Calumet County situated in the Fox Cities region near Lake Winnebago. As the community has grown in recent years, its rental market has expanded alongside residential development, making tenant rights knowledge increasingly important for local renters. All tenant-landlord relations in Harrison are governed by Wisconsin state law — specifically Wisconsin Statute Chapter 704 — since no local ordinances provide additional protections beyond what the state mandates.

Renters in Harrison most commonly have questions about security deposit returns, rent increase limits, and what happens when a landlord fails to maintain the property. This page answers those questions with specific citations to Wisconsin law so you can understand exactly where you stand. Wisconsin's statutory framework is relatively detailed compared to many Midwest states, providing meaningful protections around habitability, retaliation, and illegal lockouts.

This page is for informational purposes only and does not constitute legal advice. Laws can change and individual circumstances vary — if you face a serious housing dispute, contact a qualified attorney or legal aid organization serving Calumet County.

2. Does Harrison Have Rent Control?

Harrison has no rent control, and no Wisconsin city does. Wisconsin state law explicitly prohibits local governments from enacting or enforcing rent control ordinances. The controlling statute, Wis. Stat. § 66.1015, provides that no city, village, town, or county may regulate the amount of rent charged for residential housing. This statewide preemption means the Harrison village board has no authority to cap rents, even if it wanted to.

In practical terms, this means your landlord in Harrison can raise your rent by any amount at any time — as long as they give you proper 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 fixed-term leases, rent generally cannot be increased mid-lease unless the lease explicitly allows it. There is no requirement that rent increases be tied to inflation, cost-of-living indices, or any other benchmark.

Because there is no local rent stabilization program, Harrison renters should carefully review any lease renewal terms and be prepared to negotiate or seek alternative housing if a proposed increase is unaffordable. Understanding your notice rights is your primary protection.

3. Wisconsin State Tenant Protections That Apply in Harrison

Wisconsin Statute Chapter 704 provides a comprehensive set of baseline protections for all renters in Harrison. The key protections are described below.

Habitability and Repairs (Wis. Stat. § 704.07): Wisconsin landlords are legally required to maintain rental premises in a reasonable state of repair and to comply with applicable housing and building codes. This includes keeping plumbing, heating, electrical systems, and structural elements in safe working order. If a condition materially affecting health or safety arises, a tenant must provide written notice to the landlord. After receiving notice, the landlord has a reasonable time to make repairs. If the landlord fails to act, tenants may have the right to withhold rent, terminate the lease, or pursue damages — but the specific remedy available depends on the severity of the defect and whether proper notice was given.

Notice Requirements (Wis. Stat. § 704.19): A landlord must give a month-to-month tenant at least 28 days' written notice to terminate the tenancy. The same minimum applies to tenants who wish to vacate. For weekly tenancies, at least 5 days' notice is required. These are minimum statutory floors; a lease may provide for longer notice periods. Rent increases for month-to-month tenants must also be preceded by at least 28 days' written notice before the new rent takes effect.

Anti-Retaliation Protection (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting housing code violations, contacting a government agency about conditions, or exercising any right protected by law. If a landlord takes an adverse action — such as raising rent, reducing services, or starting an eviction — within 6 months of a protected act by the tenant, a rebuttable presumption of retaliation arises. The landlord must then prove a legitimate non-retaliatory reason for the action. Tenants who prevail in retaliation claims may recover actual damages and attorney's fees.

Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord cannot change the locks, remove the tenant's belongings, or deliberately shut off utilities (heat, water, electricity) to force a tenant out. A tenant subjected to an illegal lockout or utility shutoff may recover punitive damages of up to 2 months' rent plus all actual damages incurred. The only lawful way to remove a tenant is through the court eviction process.

Written Rental Agreements and ATCP 134: Wisconsin Administrative Code ATCP 134 (Consumer Protection in Rental Practices) imposes additional requirements on residential landlords, including mandatory pre-tenancy disclosure of unit conditions, rules about withholding security deposits, and prohibitions on certain lease clauses. ATCP 134 is enforced by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).

4. Security Deposit Rules in Harrison

Wisconsin law does not impose a statutory cap on the amount a landlord may charge as a security deposit in Harrison or anywhere else in the state. A landlord may therefore request any amount, though market norms typically range from one to two months' rent. Tenants should always document the condition of a unit at move-in and obtain a written receipt for any deposit paid.

Return Deadline (Wis. Stat. § 704.28): After a tenancy ends, the landlord has 21 days from the date of move-out — or from the date the landlord receives the tenant's forwarding address, whichever is later — to return the security deposit. The return must include a written, itemized statement explaining any deductions. Allowable deductions are limited to: unpaid rent, physical damage to the unit beyond normal wear and tear, and other specific costs permitted under the lease or ATCP 134.

Penalty for Wrongful Withholding (Wis. Stat. § 704.28(4)): If a landlord wrongfully withholds any portion of a security deposit — meaning they retain amounts not permitted under the statute or fail to return the deposit within 21 days — the tenant is entitled to recover double the amount wrongfully withheld, plus reasonable attorney's fees. This double-damages remedy is a significant deterrent against bad-faith withholding and is available through small claims court in Calumet County.

Practical Tips: Take time-stamped photos or video of every room at move-in and move-out. Send your forwarding address to the landlord in writing (keep a copy). If the 21-day deadline passes without a return or itemized statement, send a written demand letter before filing in small claims court.

5. Eviction Process and Your Rights in Harrison

Wisconsin law requires that all evictions proceed through the court system. There is no legal mechanism for a landlord to remove a tenant without a court order, regardless of the circumstances. The eviction process in Harrison follows the procedures established by Wis. Stat. Chapter 799 (small claims procedure) and Wis. Stat. § 704.17 (termination for cause).

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

Step 2 — Filing the Eviction Action: If the tenant does not comply with the notice, the landlord may file an eviction (unlawful detainer) action in Calumet County small claims court. The filing fee is set by the Wisconsin court system. The tenant will be served with a summons and must appear at the hearing.

Step 3 — Court Hearing: Both parties present their cases at a hearing before a court commissioner or judge. Tenants have the right to raise defenses, including improper notice, retaliation, or habitability issues. If the landlord prevails, the court issues a judgment for eviction and a writ of restitution.

Step 4 — Writ of Restitution: The Calumet County Sheriff's Office serves the writ and oversees the physical removal of the tenant if they have not vacated voluntarily. Only the Sheriff may physically enforce an eviction order.

Self-Help Eviction is Illegal (Wis. Stat. § 704.11): At no point in this process — or at any time — may a landlord change the locks, remove the tenant's possessions, shut off utilities, or otherwise attempt to force the tenant out without a court order. Doing so exposes the landlord to punitive damages of up to 2 months' rent plus actual damages. Tenants subjected to an illegal lockout should contact law enforcement and a legal aid organization immediately.

No Just-Cause Requirement: Wisconsin does not require landlords to have a specific reason (just cause) to terminate a month-to-month tenancy or decline to renew a fixed-term lease. As long as proper notice is given, a landlord may choose not to renew for any non-discriminatory reason.

6. Resources for Harrison Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant-landlord law is fact-specific, and individual circumstances can significantly affect your rights and remedies. Wisconsin statutes and local ordinances may change after the date this page was last updated (April 2026). RentCheckMe makes no representations about the completeness or accuracy of this information. If you are involved in a housing dispute, face eviction, or believe your rights have been violated, you should consult a qualified attorney or contact a legal aid organization in your area. Do not rely solely on this page when making legal decisions.

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Frequently Asked Questions

Does Harrison have rent control?
No. Harrison has no rent control, and neither does any other city or municipality in Wisconsin. Wisconsin state law explicitly prohibits local governments from enacting rent control ordinances under Wis. Stat. § 66.1015, meaning no village, city, or county in the state has the legal authority to cap rent. Your landlord may raise rent by any amount with proper notice.
How much can my landlord raise my rent in Harrison?
There is no limit on how much a landlord in Harrison can raise your rent, because Wisconsin's statewide rent control preemption (Wis. Stat. § 66.1015) prohibits any cap. However, for month-to-month tenants, the landlord must provide at least 28 days' written notice before the increase takes effect, as required by Wis. Stat. § 704.19. If you are in a fixed-term lease, the rent generally cannot be increased mid-lease unless the lease explicitly allows it.
How long does my landlord have to return my security deposit in Harrison?
Your landlord has 21 days after you move out — or after receiving your forwarding address, whichever is later — to return your security deposit with an itemized written statement of any deductions, under Wis. Stat. § 704.28. If the landlord wrongfully withholds any portion, you may sue for double the amount improperly withheld plus attorney's fees (Wis. Stat. § 704.28(4)). Document your unit at move-in and move-out and always provide your forwarding address in writing.
What notice does my landlord need before evicting me in Harrison?
The required notice depends on the reason for eviction. For nonpayment of rent, the landlord must give a 5-day notice to pay or vacate (Wis. Stat. § 704.17(2)). To terminate a month-to-month tenancy without cause, at least 28 days' written notice is required (Wis. Stat. § 704.19). After the notice period expires without compliance, the landlord must file in Calumet County small claims court — they cannot remove you without a court order.
Can my landlord lock me out or shut off utilities in Harrison?
No. Self-help eviction — including changing the locks, removing your belongings, or deliberately shutting off utilities like heat or water — is illegal in Wisconsin under Wis. Stat. § 704.11. If your landlord does any of these things, you may be entitled to punitive damages of up to 2 months' rent plus all actual damages you suffered. Contact law enforcement and a legal aid organization immediately if this happens.
What can I do if my landlord refuses to make repairs in Harrison?
Wisconsin landlords are required to maintain rental units in a reasonable state of repair and comply with housing codes under Wis. Stat. § 704.07. You should notify your landlord of needed repairs in writing and keep a copy. If the landlord fails to act within a reasonable time after receiving written notice, you may have the right to withhold rent, terminate the lease, or pursue damages, depending on the severity of the condition. You can also file a complaint with your local municipality's code enforcement office or contact Wisconsin DATCP if the landlord violates ATCP 134.

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