Tenant Rights in Hudson, Wisconsin

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1. Overview: Tenant Rights in Hudson

Hudson is a growing city of roughly 15,000 residents in St. Croix County, situated along the St. Croix River on Wisconsin's western border with Minnesota. Its proximity to the Twin Cities metro has fueled demand for rental housing, making it one of the faster-growing rental markets in western Wisconsin. Renters in Hudson most commonly ask about security deposit returns, what notice their landlord must give before ending a tenancy, and whether any local rules cap rent increases.

All tenant rights in Hudson flow from Wisconsin state law — primarily Wis. Stat. ch. 704 (the Wisconsin Residential Landlord and Tenant Act) and the Wisconsin Administrative Code, chapter ATCP 134, which governs residential rental practices. The City of Hudson and St. Croix County have not enacted any local tenant protections beyond state law, so state statutes are the primary framework every Hudson renter needs to understand.

This page summarizes the most important protections Wisconsin law provides to Hudson renters. It is informational only and does not constitute legal advice. Laws can change, and individual situations vary — consult a licensed attorney or legal aid organization for guidance specific to your circumstances.

2. Does Hudson Have Rent Control?

Hudson has no rent control, and no Wisconsin city or municipality may enact rent control. Wisconsin Stat. § 66.1015 explicitly prohibits local governments — including cities, villages, towns, and counties — from adopting any ordinance, resolution, or regulation that controls the amount of rent charged for private residential housing. This statewide preemption has been in effect for decades and leaves no room for local action.

In practical terms, this means a Hudson landlord can raise your rent by any amount at any time — as long as they provide the legally required advance notice before the increase takes effect. For month-to-month tenancies, that notice is at least 28 days in writing (Wis. Stat. § 704.19). There is no percentage cap, no annual limit, and no requirement that the landlord justify the increase. If you cannot accept the new rent, your option is to give proper notice and vacate before the increase takes effect.

Because rent is entirely market-driven in Hudson, tenants who receive a large rent increase should carefully review their lease terms, confirm the notice was properly delivered, and contact a legal aid organization if they believe procedural requirements were not followed.

3. Wisconsin State Tenant Protections That Apply in Hudson

Wisconsin's landlord-tenant statutes (Wis. Stat. ch. 704) and the Wisconsin Department of Agriculture, Trade and Consumer Protection rules (ATCP 134) together provide Hudson renters with a robust set of baseline protections.

Habitability and Repairs (Wis. Stat. § 704.07): Landlords in Wisconsin must maintain rental units in a reasonable state of repair, keep all common areas safe and sanitary, and comply with applicable local housing codes affecting health and safety. After a tenant provides written notice of a needed repair, the landlord has a reasonable time to make it. If the landlord fails to repair a condition that materially affects health or safety, the tenant may have the right to withhold rent, make the repair and deduct the cost (within limits), or terminate the lease — depending on the severity of the defect and compliance with notice procedures under § 704.07(4).

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 organization, or exercising any legal right under ch. 704. Wisconsin law creates a rebuttable presumption of retaliation if the landlord takes an adverse action — such as raising rent, reducing services, or filing for eviction — within six months of a protected act by the tenant. A tenant who prevails on a retaliation claim may recover actual damages, statutory damages, and attorney's fees.

Notice to Terminate Month-to-Month Tenancy (Wis. Stat. § 704.19): Either a landlord or tenant may terminate a month-to-month tenancy by giving at least 28 days' written notice before the next rental due date. The notice must specify the date on which the tenancy will end. Many landlords provide 30 days as a matter of practice, which also satisfies the statute.

Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11): A landlord is prohibited from removing a tenant's belongings, changing the locks, or shutting off utilities to force a tenant out without going through the formal eviction process. Violations entitle the tenant to recover actual damages plus punitive damages of up to two months' rent.

ATCP 134 Disclosures: Wisconsin Admin. Code § ATCP 134.04 requires landlords to disclose certain information in writing before or at the time a lease is signed, including a list of pre-existing defects in the unit. Failure to provide required disclosures can affect the landlord's right to withhold portions of the security deposit.

4. Security Deposit Rules in Hudson

No Statutory Cap: Wisconsin law places no limit on the dollar amount a landlord may require as a security deposit. However, Wis. Admin. Code § ATCP 134.02 defines a security deposit to include any prepaid rent held for more than one month, so landlords commonly collect one to two months' rent but are not restricted to that amount.

Pre-Move-In Checklist: Under Wis. Admin. Code § ATCP 134.06, landlords must give tenants a written check-in form at the start of the tenancy. Tenants have seven days to document pre-existing conditions. A landlord who fails to provide this form may not later claim deductions for pre-existing damage.

Return Deadline (Wis. Stat. § 704.28): After a tenant vacates, the landlord has 21 days to either return the full deposit or mail a written, itemized statement of deductions along with any remaining balance. The 21-day clock typically starts on the last day of the tenancy or the date the tenant vacates and returns possession, whichever is later.

Allowable Deductions: A landlord may only deduct for: unpaid rent, damage beyond normal wear and tear, unpaid utility charges the tenant was responsible for, and other costs specifically authorized by the lease and permitted under § ATCP 134.06(3).

Penalty for Wrongful Withholding (Wis. Stat. § 704.28(4)): If a landlord wrongfully withholds any portion of the security deposit, the tenant is entitled to double the amount improperly withheld, plus reasonable attorney's fees and court costs. Tenants may bring this claim in small claims court, where the process is designed to be accessible without an attorney.

5. Eviction Process and Your Rights in Hudson

Eviction in Wisconsin is a formal court process governed by Wis. Stat. ch. 799 (small claims procedure) and Wis. Stat. §§ 704.17–704.21. A Hudson landlord must follow each step in sequence; shortcuts are illegal.

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

• Nonpayment of Rent: 5-day notice to pay or vacate (Wis. Stat. § 704.17(2)).
• Breach of Lease (other than nonpayment): 5-day notice to cure or vacate for a first violation within a 12-month period; 14-day unconditional notice for a second or subsequent violation within 12 months (Wis. Stat. § 704.17(2)(b)–(c)).
• End of Month-to-Month Tenancy (No Cause): 28 days' written notice (Wis. Stat. § 704.19). No cause is required — Wisconsin has no just-cause eviction requirement for most private rentals.

Step 2 — Filing the Eviction Action: If the tenant does not comply with the notice, the landlord files a small claims eviction action (called a Summons and Complaint in Eviction) in St. Croix County Circuit Court. The filing fee is set by the court. The tenant is served with a summons and given a court date, typically within 20 to 30 days of filing.

Step 3 — Court Hearing: At the hearing, both the landlord and tenant may present evidence. If the court rules in the landlord's favor, it issues a Judgment for Eviction and, after a brief grace period, a Writ of Restitution authorizing the sheriff to remove the tenant if they have not vacated.

Step 4 — Writ of Restitution: Only a St. Croix County Sheriff's Deputy may enforce the writ. The landlord cannot physically remove the tenant or their belongings without a writ.

Self-Help Eviction Is Illegal (Wis. Stat. § 704.11): At no point in this process may a landlord change the locks, remove doors, shut off utilities, or remove the tenant's belongings to force them out. Doing so entitles the tenant to punitive damages of up to two months' rent plus all actual damages.

6. Resources for Hudson Tenants

• Legal Action of Wisconsin — Free civil legal aid for income-eligible residents of southern Wisconsin, including housing, eviction defense, and security deposit disputes. Serves clients in St. Croix County.
• Wisconsin Judicare — Free civil legal services for low-income residents of northern and central Wisconsin, including housing cases; St. Croix County residents may be served depending on intake availability.
• Tenant Resource Center – Madison — Free tenant counseling, education, and referrals statewide; maintains an extensive online library of Wisconsin tenant rights information.
• Legal Aid Society of Milwaukee — Free legal help for low-income residents on housing matters; primarily serves Milwaukee County but provides statewide resources and referrals.
• Wisconsin Dept. of Agriculture, Trade & Consumer Protection (DATCP) — Enforces ATCP 134 residential rental rules; accepts complaints about landlord violations of security deposit and disclosure requirements.
• Wisconsin Court System Self-Help Center — Official court forms and guidance for tenants facing eviction or filing small claims actions for security deposit recovery in St. Croix County Circuit Court.

Frequently Asked Questions