Tenant Rights in Hobart, Wisconsin

Key Takeaways

  • None — prohibited statewide by Wis. Stat. § 66.1015
  • Must be returned within 21 days with itemized statement; wrongful withholding entitles tenant to 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 Hobart or under Wisconsin state law for most tenancies
  • Legal Action of Wisconsin, Wisconsin Judicare, Tenant Resource Center – Madison

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1. Overview: Tenant Rights in Hobart

Hobart is a village in Brown County, Wisconsin, located on the western edge of the Green Bay metropolitan area. As one of Brown County's faster-growing communities, Hobart has seen steady residential development, and renters in the area are subject to Wisconsin's statewide landlord-tenant framework found in Wis. Stat. ch. 704. Hobart has not enacted any local tenant protections beyond what state law requires.

Renters in Hobart most commonly have questions about how much their landlord can raise the rent, how quickly they must receive their security deposit back after moving out, and what process a landlord must follow before beginning eviction. This page answers those questions using the applicable Wisconsin statutes. Wisconsin's landlord-tenant law is among the more detailed in the Midwest, providing meaningful protections on deposits, habitability, anti-retaliation, and lockout prohibition.

This page is provided for informational purposes only and does not constitute legal advice. Laws can change, and individual situations vary. If you are facing an eviction, a dispute over your security deposit, or another serious housing issue, contact a licensed attorney or a legal aid organization serving Brown County.

2. Does Hobart Have Rent Control?

Hobart has no rent control, and Wisconsin law makes it illegal for any local government to enact one. Wis. Stat. § 66.1015 expressly prohibits municipalities and counties from adopting rent control ordinances or any regulation that limits the amount a private landlord may charge for rent. This preemption is statewide and applies to Hobart just as it does to every other city, village, and town in Wisconsin.

In practical terms, this means your landlord in Hobart can increase your rent by any amount — there is no cap, no percentage limit, and no requirement that the increase be tied to inflation or operating costs. The only legal constraint is that the landlord must provide proper advance written notice before a rent 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, the rent is generally locked in until the lease expires, at which point the landlord may propose a new rate.

If you receive a rent increase notice, review your lease carefully and confirm the notice was delivered in writing with the legally required lead time. You are not required to accept the new rate — you may choose to give notice and vacate before the increase takes effect.

3. Wisconsin State Tenant Protections That Apply in Hobart

Wisconsin's landlord-tenant statute (Wis. Stat. ch. 704) provides several important protections for renters in Hobart and throughout the state.

Habitability and Repairs (Wis. Stat. § 704.07): Wisconsin landlords are legally required to maintain rental premises in a reasonable state of repair, comply with applicable building and housing codes, and keep common areas safe. This includes functioning heat, plumbing, electrical systems, and structural integrity. If a condition makes the unit uninhabitable or poses a health or safety risk, the tenant should notify the landlord in writing. After receiving written notice, the landlord has a reasonable time to make the repair. If the landlord fails to act, tenants may have the right to withhold rent, terminate the lease, or pursue a rent reduction — depending on the severity of the condition and the specific circumstances.

Notice to Terminate Tenancy (Wis. Stat. § 704.19): A landlord must give a month-to-month tenant at least 28 days' written notice before terminating the tenancy. The notice must specify the date by which the tenant must vacate. Tenants wishing to end a month-to-month tenancy must also give at least 28 days' written notice to the landlord. Fixed-term leases generally end automatically on the lease expiration date unless renewed.

Anti-Retaliation Protection (Wis. Stat. § 704.45): Landlords are prohibited from retaliating against tenants who report housing code violations to a governmental authority, contact the landlord in good faith about needed repairs, join a tenant union, or otherwise exercise legal rights. Wisconsin law creates a rebuttable presumption of retaliation if the landlord takes an adverse action — such as raising rent, reducing services, or starting an eviction — within six months of the tenant engaging in a protected act. A tenant who proves retaliation may recover actual damages, costs, and attorney's fees.

Lockout Prohibition (Wis. Stat. § 704.11): A landlord in Hobart may not use self-help eviction tactics. Changing locks, removing doors or windows, shutting off utilities, or otherwise interfering with a tenant's peaceful possession of the unit outside of a formal court process is illegal. A tenant subjected to an unlawful lockout may recover punitive damages of up to two months' rent, plus actual damages and reasonable attorney's fees.

4. Security Deposit Rules in Hobart

No Statutory Cap: Wisconsin does not limit how much a landlord may collect as a security deposit. There is no maximum expressed in Wis. Stat. ch. 704, so landlords in Hobart may set the deposit amount at their discretion — though market conditions and lease negotiation typically govern the amount in practice.

Return Deadline: Under Wis. Stat. § 704.28, a landlord must return the security deposit — or the portion not lawfully withheld — within 21 days of the tenant vacating the unit. The landlord must also provide a written, itemized statement listing any deductions and the reason for each. The 21-day clock typically starts when the tenant vacates and returns the keys, or when the lease ends, whichever is later.

Allowable Deductions: A landlord may lawfully deduct from the security deposit for unpaid rent, damage beyond normal wear and tear, and other charges specifically identified in the lease. Deductions for ordinary wear and tear — such as minor scuffs on walls or carpet worn from normal use — are not permitted under Wisconsin law.

Penalty for Wrongful Withholding: If a landlord wrongfully withholds any portion of the security deposit — meaning they fail to return it on time or make improper deductions — the tenant is entitled to double the amount improperly withheld plus reasonable attorney's fees, under Wis. Stat. § 704.28(4). To protect your rights, document the condition of the unit at move-in and move-out with photos or video, and make written requests for your deposit if it is not returned within 21 days.

5. Eviction Process and Your Rights in Hobart

Wisconsin law sets out a specific process that landlords in Hobart must follow to evict a tenant. Self-help eviction — such as changing locks, removing belongings, or cutting off utilities to force a tenant out — is illegal under Wis. Stat. § 704.11 and exposes the landlord to punitive damages.

Step 1 — Written Notice: Before filing an eviction action, the landlord must serve the tenant with a written notice. The required notice period depends on the reason for eviction:

Step 2 — Filing an Eviction (Forcible Entry and Detainer) Action: If the tenant does not comply with the notice, the landlord may file an eviction action in Brown County Circuit Court or small claims court, depending on the amount in controversy. The landlord must pay a filing fee and serve the tenant with a summons and complaint.

Step 3 — Court Hearing: The court will schedule an initial appearance, typically within 25 days. Both parties may present their case. If the court rules for the landlord, a writ of restitution is issued authorizing the Brown County Sheriff to remove the tenant.

Step 4 — Writ of Restitution: A tenant is entitled to a minimum of 10 days after the writ is issued before the Sheriff enforces it, unless the court orders immediate enforcement in limited circumstances (Wis. Stat. § 799.44).

Tenant Rights During Eviction: Tenants have the right to appear in court and raise defenses, including improper notice, retaliation, or housing code violations. No landlord in Hobart may remove a tenant without a valid court order and enforcement by the Sheriff.

6. Resources for Hobart Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change through legislation, administrative rules, and court decisions, and individual circumstances can significantly affect how the law applies to your situation. RentCheckMe makes no representation that all information is current or complete. If you are facing an eviction, a security deposit dispute, habitability problems, or any other serious housing issue, you should consult a licensed Wisconsin attorney or contact a qualified legal aid organization serving Brown County as soon as possible.

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Frequently Asked Questions

Does Hobart have rent control?
No. Hobart has no rent control ordinance, and Wisconsin state law makes it illegal for any local government to enact one. Wis. Stat. § 66.1015 expressly prohibits municipalities from limiting the amount landlords may charge for rent. There is no rent cap of any kind in Hobart.
How much can my landlord raise my rent in Hobart?
Wisconsin law imposes no limit on the amount of a rent increase. Because Wis. Stat. § 66.1015 bars local rent control, your landlord may raise the rent by any amount. The only requirement is proper written notice — at least 28 days before the increase takes effect for month-to-month tenants under Wis. Stat. § 704.19. If you have a fixed-term lease, the rent cannot be increased until the lease expires.
How long does my landlord have to return my security deposit in Hobart?
Your landlord must return your security deposit — along with a written, itemized statement of any deductions — within 21 days of you vacating the unit under Wis. Stat. § 704.28. If the landlord fails to return the deposit on time or makes improper deductions, you are entitled to double the amount wrongfully withheld plus reasonable attorney's fees under Wis. Stat. § 704.28(4).
What notice does my landlord need before evicting me in Hobart?
The required notice depends on the reason. For non-payment of rent, the landlord must give a 5-day pay-or-vacate notice under Wis. Stat. § 704.17(2). For terminating a month-to-month tenancy without cause, the landlord must give at least 28 days' written notice under Wis. Stat. § 704.19. If the notice period passes without compliance, the landlord must file an eviction action in court — a landlord cannot remove you without a court order.
Can my landlord lock me out or shut off utilities in Hobart?
No. Self-help eviction — including changing locks, removing doors or windows, or cutting off utilities to force you out — is illegal in Wisconsin under Wis. Stat. § 704.11. If your landlord does any of these things without a court order, you may be entitled to punitive damages of up to two months' rent, plus actual damages and attorney's fees. Contact law enforcement or a legal aid organization immediately if this happens.
What can I do if my landlord refuses to make repairs in Hobart?
Wisconsin landlords are required to maintain rental units in a reasonable state of repair and comply with housing codes under Wis. Stat. § 704.07. Start by notifying your landlord in writing of the needed repair and keeping a copy of that notice. If the landlord fails to act within a reasonable time, you may have the right to withhold rent, terminate the lease, or pursue a rent reduction depending on the severity of the issue. You can also contact Brown County code enforcement or a legal aid organization for guidance.

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