Tenant Rights in Holmen, Wisconsin

Key Takeaways

  • None — prohibited by Wisconsin state law (Wis. Stat. § 66.1015)
  • Must be returned within 21 days with an 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 Holmen or under Wisconsin state law; landlords may non-renew with proper notice
  • Legal Action of Wisconsin, Wisconsin Judicare, Tenant Resource Center – Madison

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1. Overview: Tenant Rights in Holmen

Holmen is a growing village in La Crosse County, Wisconsin, situated along the Mississippi River corridor and part of the La Crosse metro area. The community has seen steady residential growth, and a meaningful share of its residents rent their homes — making an understanding of Wisconsin landlord-tenant law especially important for anyone leasing here.

Wisconsin's landlord-tenant statute, found primarily at Wis. Stat. § 704, governs the relationship between renters and landlords throughout the state, including in Holmen. The law addresses security deposits, habitability obligations, required notice periods, retaliation protections, and prohibitions on self-help eviction. Holmen has not enacted any local ordinances that go beyond these state-level protections.

This page provides a plain-language summary of the tenant rights that apply to Holmen renters as of April 2026. It is intended for informational purposes only and does not constitute legal advice. If you face an eviction, security deposit dispute, or other serious housing issue, consult a licensed attorney or contact a legal aid organization in your area.

2. Does Holmen Have Rent Control?

Holmen has no rent control, and neither does any other city or county in Wisconsin. This is not simply a matter of local inaction — Wisconsin state law expressly forbids municipalities from enacting rent control ordinances. Wis. Stat. § 66.1015 states that no local governmental unit may regulate the amount of rent charged for the use of a residential dwelling unit. This preemption applies uniformly to every city, village, town, and county in the state, meaning no local referendum or ordinance can override it.

In practical terms, this means a landlord in Holmen may raise your rent by any amount, at any time, provided they give you the legally required advance written notice before the increase takes effect (see Notice to Terminate/Rent Increase section below). There is no cap, no annual limit, and no requirement that a landlord justify the size of an increase. If a rent increase makes your unit unaffordable, your primary options are to negotiate with your landlord, exercise your right to terminate with proper notice, or seek rental assistance through local programs.

3. Wisconsin State Tenant Protections That Apply in Holmen

Wisconsin's Wis. Stat. Chapter 704 provides renters with a comprehensive set of protections that apply in Holmen. Key protections are summarized below.

Habitability and Repairs (Wis. Stat. § 704.07): Landlords in Wisconsin are legally required to maintain rental premises in a reasonable state of repair and in compliance with applicable housing codes. This includes keeping heating systems, plumbing, electrical systems, and structural components in working order. If a repair is needed, tenants should notify the landlord in writing. After receiving written notice, the landlord has a reasonable time to complete the repair. If the landlord fails to act, tenants may have remedies including rent abatement, lease termination, or — in cases involving a material breach — the right to withhold rent, subject to specific procedural requirements.

Notice to Terminate a Month-to-Month Tenancy (Wis. Stat. § 704.19): A landlord who wants to end a month-to-month tenancy must provide at least 28 days' written notice before the termination date. The same notice period applies if you want to end the tenancy. Some landlords provide 30 days' notice as a matter of practice — both 28 and 30 days are legally sufficient. For fixed-term leases, the terms of the lease govern how and when notice must be given at the end of the term.

Rent Increase Notice: Under Wis. Stat. § 704.19 and standard practice under Wisconsin law, a landlord must give advance written notice of a rent increase — typically at least 28 days for month-to-month tenants — before the increase can take effect. No cap on the amount of the increase exists under state law.

Anti-Retaliation Protection (Wis. Stat. § 704.45): Wisconsin law prohibits landlords from retaliating against tenants who report code violations, contact housing inspectors, assert rights under the lease or law, or join tenant organizations. If a landlord takes an adverse action — such as raising rent, reducing services, or initiating eviction — within 6 months of a tenant's protected activity, the law creates a rebuttable presumption of retaliation. A tenant who proves retaliation may be entitled to damages, attorney's fees, and other relief.

Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord cannot lock you out, remove your belongings, shut off your utilities, or otherwise interfere with your possession of the rental unit outside of a court-ordered eviction process. Violations entitle the tenant to punitive damages of up to 2 months' rent, plus actual damages and attorney's fees.

4. Security Deposit Rules in Holmen

Wisconsin's security deposit rules are governed by Wis. Stat. § 704.28 and Wis. Admin. Code § ATCP 134. Key rules for Holmen renters include the following:

No statutory cap: Wisconsin does not limit the amount a landlord may charge as a security deposit. A landlord in Holmen may require any amount as a deposit, though market norms typically range from one to two months' rent.

Return deadline — 21 days: After you vacate the rental unit, your landlord has 21 days to return your security deposit, along with an itemized written statement of any deductions. The 21-day clock begins on the date you vacate or on the rental termination date, whichever is later. Some sources note that providing the landlord with a forwarding address in writing helps ensure the deadline is clear.

Allowable deductions: Under Wis. Admin. Code § ATCP 134.06, landlords may deduct for unpaid rent, damage beyond normal wear and tear, and other specific charges permitted by the lease. They may not deduct for normal wear and tear — routine deterioration from ordinary use of the unit.

Penalty for wrongful withholding: If your landlord wrongfully withholds all or part of your security deposit — by failing to return it within 21 days, providing a false or incomplete itemization, or making deductions not permitted by law — you are entitled to double the amount improperly withheld, plus reasonable attorney's fees (Wis. Stat. § 704.28(4)). To protect your rights, document the condition of the unit at move-in and move-out with dated photos and written records.

5. Eviction Process and Your Rights in Holmen

Evictions in Holmen follow Wisconsin's statewide eviction procedure set out in Wis. Stat. Chapter 799 (small claims court procedure) and Wis. Stat. § 704.17. Landlords must follow every step of this process; there are no shortcuts.

Step 1 — Written Notice: Before filing in court, a landlord must serve the tenant with the appropriate written notice depending on the reason for eviction:

Step 2 — Court Filing: If the tenant does not comply with the notice, the landlord may file an eviction (unlawful detainer) action in La Crosse County Circuit Court or small claims court. The tenant will be served with a summons and complaint and notified of a hearing date.

Step 3 — Hearing: At the hearing, both the landlord and tenant may present evidence and arguments. If the court rules for the landlord, it will issue a judgment for eviction and a writ of restitution.

Step 4 — Writ of Restitution: Once the writ is issued, the tenant typically has a short window — often 10 days — to vacate before a sheriff's deputy enforces removal. Only a court-authorized sheriff's deputy may physically remove a tenant.

Self-Help Eviction Is Illegal: A landlord in Holmen may never lock you out, remove your property, shut off utilities, or use threats or intimidation to force you out without a court order. Such conduct is illegal under Wis. Stat. § 704.11 and entitles you to punitive damages of up to 2 months' rent plus actual damages and attorney's fees. If this happens to you, 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 end a month-to-month tenancy or to decline to renew a fixed-term lease. As long as proper notice is given, a landlord may end the tenancy for any lawful reason — but may not do so in retaliation for a protected act (Wis. Stat. § 704.45).

6. Resources for Holmen Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws — including statutes, administrative rules, and court interpretations — can change, and the accuracy of this content is not guaranteed beyond the last updated date noted above. Every housing situation is unique, and this page cannot account for all circumstances. If you are facing an eviction, a security deposit dispute, a landlord harassment issue, or any other serious housing matter, you should consult a licensed Wisconsin attorney or contact a qualified legal aid organization in your area. RentCheckMe is not a law firm and does not provide legal representation.

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Frequently Asked Questions

Does Holmen have rent control?
No. Holmen has no rent control ordinance, and Wisconsin state law explicitly prohibits local governments from enacting one. Under Wis. Stat. § 66.1015, no city, village, town, or county in Wisconsin may regulate the amount of rent charged for a residential unit. This preemption applies statewide and cannot be overridden by local action.
How much can my landlord raise my rent in Holmen?
There is no limit on how much a landlord in Holmen can raise your rent. Because Wisconsin's Wis. Stat. § 66.1015 bans rent control statewide, landlords may increase rent by any amount. However, for a month-to-month tenancy, the landlord must provide at least 28 days' written notice before the rent increase takes effect, as required by Wis. Stat. § 704.19.
How long does my landlord have to return my security deposit in Holmen?
Your landlord must return your security deposit — along with a written, itemized statement of any deductions — within 21 days after you vacate the unit, under Wis. Stat. § 704.28. If your landlord wrongfully withholds any portion of the deposit, fails to return it on time, or makes improper deductions, you are entitled to double the improperly withheld amount plus reasonable attorney's fees under Wis. Stat. § 704.28(4).
What notice does my landlord need before evicting me in Holmen?
The required notice depends on the reason for eviction. For nonpayment of rent or a lease violation, Wisconsin law requires a 5-day written notice to pay or cure the violation, or to vacate (Wis. Stat. § 704.17). To terminate a month-to-month tenancy without cause, the landlord must give at least 28 days' written notice (Wis. Stat. § 704.19). After the notice period expires, a landlord must file in court — they cannot remove you without a court order and writ of restitution.
Can my landlord lock me out or shut off utilities in Holmen?
No. Self-help eviction is illegal in Wisconsin under Wis. Stat. § 704.11. A landlord cannot lock you out, remove your belongings, shut off your utilities, or otherwise interfere with your possession of the unit without a court order. If your landlord does any of these things, you are entitled to punitive damages of up to 2 months' rent, plus your actual damages and attorney's fees. Contact law enforcement and a legal aid organization immediately if this happens.
What can I do if my landlord refuses to make repairs in Holmen?
Wisconsin law requires landlords to maintain rental units in a reasonable state of repair and in compliance with housing codes under Wis. Stat. § 704.07. If your landlord refuses to make necessary repairs, start by submitting a written repair request and keeping a copy. If the landlord fails to act within a reasonable time, you may have the right to withhold rent, terminate the lease, or pursue damages — but these remedies have specific procedural requirements. Contact Legal Action of Wisconsin (legalaction.org) or your local housing inspector for guidance.

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