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Kaukauna is a small city of roughly 16,000 residents in Outagamie County along the Fox River, part of the greater Fox Cities metropolitan area. Renters in Kaukauna are governed entirely by Wisconsin state landlord-tenant law — primarily Wis. Stat. Chapter 704 — as the city has enacted no local tenant protections beyond what state law already provides.
Common concerns for Kaukauna renters include understanding how much notice a landlord must give before ending a lease, what rights exist when repairs go unaddressed, and how quickly a security deposit must be returned after move-out. Wisconsin's statutes address each of these areas with specific rules and deadlines that apply equally in Kaukauna as they do across the state.
This page summarizes the most important tenant protections available to Kaukauna renters under Wisconsin law. It is informational only and does not constitute legal advice. If you are facing a housing emergency, please contact a qualified attorney or a legal aid organization.
Kaukauna has no rent control, and no Wisconsin city can legally enact it. Wisconsin state law explicitly prohibits local governments from adopting any ordinance, regulation, or resolution that controls residential rents. The preemption is found at Wis. Stat. § 66.1015, which states that no local unit of government may enact, maintain, or enforce an ordinance or resolution that controls rent on private residential property.
In practice, this means a landlord in Kaukauna can raise rent by any dollar amount at any time — as long as they provide the legally required 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 until the lease term ends, at which point the landlord may offer a renewal at a higher rate.
There is no cap on how large a rent increase can be, no required reason for an increase, and no local board or office where renters can challenge the amount. Renters who believe a rent increase is retaliatory — for example, following a complaint about repairs — may have recourse under Wis. Stat. § 704.45, which prohibits retaliation by landlords.
Wisconsin's Wis. Stat. Chapter 704 provides a comprehensive framework of tenant rights that applies throughout the state, including in Kaukauna. Key protections include the following:
Habitability and Repairs (Wis. Stat. § 704.07): Landlords must keep rental units in a reasonable state of repair and must comply with all applicable housing codes affecting health and safety. After a tenant gives written notice of a needed repair, the landlord must act within a reasonable time. 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, or terminate the lease — depending on the severity and circumstances.
Notice to Terminate Month-to-Month 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 tenant must also give at least 28 days' notice to the landlord before vacating. Notice must be in writing and delivered according to statutory rules.
Anti-Retaliation Protection (Wis. Stat. § 704.45): Landlords may not retaliate against a tenant for reporting a housing code violation, contacting a government agency, or exercising any right under Wisconsin law. If a landlord takes an adverse action — such as raising rent, reducing services, or filing for eviction — within six months of a tenant's protected activity, there is a rebuttable presumption of retaliation. A tenant who proves retaliation 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 who locks out a tenant, removes doors or windows, or shuts off utilities to force a tenant to leave without a court order is liable for punitive damages of up to two months' rent, plus all actual damages and attorney's fees. A tenant who is illegally locked out may seek an immediate court order to be restored to the premises.
Disclosure Requirements (ATCP 134, Wis. Admin. Code): Under Wisconsin's landlord-tenant administrative code, landlords must provide new tenants with a written checklist documenting the condition of the unit at move-in. Failure to provide this checklist can limit the landlord's ability to make deductions from the security deposit.
Wisconsin law governs security deposits for Kaukauna rentals under Wis. Stat. § 704.28 and Wis. Admin. Code ATCP 134.06. The key rules are:
No Statutory Cap: Wisconsin does not limit the amount a landlord may collect as a security deposit. A landlord in Kaukauna may require any amount, though the amount must be disclosed in the rental agreement.
21-Day Return Deadline: After a tenant vacates the unit, the landlord has 21 days to either return the full deposit or provide a written, itemized statement of deductions along with any remaining balance. The 21-day clock begins when the tenant vacates AND provides the landlord with a forwarding address, whichever is later.
Allowable Deductions: A landlord may deduct from the deposit for unpaid rent, damage beyond normal wear and tear, and other charges specifically authorized in the rental agreement. Normal wear and tear — such as minor scuffs or faded paint — cannot be charged to the tenant.
Penalty for Wrongful Withholding: If a landlord wrongfully withholds any portion of the security deposit without a valid written itemization, or makes deductions that are not legally permitted, the tenant is entitled to recover double the amount wrongfully withheld, plus reasonable attorney's fees, under Wis. Stat. § 704.28(4). Tenants may file a claim in small claims court without an attorney if the amount is within the small claims limit.
Evictions in Kaukauna follow the Wisconsin eviction procedure established in Wis. Stat. Chapter 799 (small claims procedure) and Wis. Stat. § 704.17. A landlord must follow every step of the legal process — there are no shortcuts.
Step 1 — Written Notice: Before filing for eviction, a 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 Court: If the tenant does not comply with or contest the notice within the stated period, the landlord may file an eviction (unlawful detainer) action in Outagamie County Circuit Court. The filing fee is paid by the landlord.
Step 3 — Court Hearing: Both the landlord and tenant receive a summons and have the opportunity to appear before a judge. Tenants have the right to present defenses, including improper notice, retaliation, or uninhabitable conditions. The hearing is typically scheduled within 25 days of filing.
Step 4 — Writ of Restitution: If the court rules in the landlord's favor, a writ of restitution is issued. Only a sheriff may carry out the physical removal of a tenant — and not until at least 10 days after the judgment (Wis. Stat. § 799.44(3)).
Self-Help Eviction is Illegal: A landlord in Kaukauna cannot remove a tenant by changing the locks, removing belongings, shutting off utilities, or any other self-help method. Doing so violates Wis. Stat. § 704.11 and exposes the landlord to punitive damages of up to two months' rent, plus actual damages and attorney's fees.
No Just Cause Requirement: Wisconsin does not require a landlord to have just cause to terminate a month-to-month tenancy or decline to renew a fixed-term lease, as long as proper advance notice is given. Tenants who believe a termination is retaliatory may raise that defense in court under Wis. Stat. § 704.45.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws and local ordinances can change, and individual circumstances vary. Renters in Kaukauna, Wisconsin who have specific legal questions or are facing eviction, a security deposit dispute, or other housing issues should consult a licensed Wisconsin attorney or contact a qualified legal aid organization. RentCheckMe is not a law firm and does not provide legal representation.
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