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Little Chute is a village of roughly 12,000 residents in Outagamie County, situated in Wisconsin's Fox Valley region along the Fox River. Like many communities in this part of the state, a significant share of households rent their homes, and renters frequently have questions about security deposit returns, rent increases, repairs, and eviction procedures.
Wisconsin's landlord-tenant law — primarily governed by Wis. Stat. Chapter 704 — applies fully to Little Chute renters. The Village of Little Chute has not enacted any local tenant ordinances beyond what state law requires, so Wisconsin statutes set the complete framework for tenant rights here. These statutes cover everything from security deposit timelines to anti-retaliation protections and the strict prohibition on landlord self-help evictions.
This article is intended as general information to help Little Chute renters understand their legal rights. It is not legal advice. Laws can change, and individual situations vary — if you face an eviction, a deposit dispute, or a habitability problem, contacting a qualified attorney or legal aid organization is strongly recommended.
Little Chute has no rent control, and Wisconsin law prevents it from ever enacting one. Wis. Stat. § 66.1015 expressly prohibits any city, village, town, or county in Wisconsin from enacting an ordinance or resolution that controls the amount of rent charged for private residential property. This statewide preemption has been in effect for decades and covers Little Chute just as it does every other municipality in the state.
In practical terms, this means your landlord in Little Chute may raise your rent by any dollar amount at any time — there is no cap, no formula, and no local board to appeal to. The only limit is procedural: the landlord must give you proper advance written notice before a rent increase takes effect. For month-to-month tenants, that means at least 28 days' written notice under Wis. Stat. § 704.19. For tenants with a fixed-term lease, the rent is locked in until the lease expires, at which point the landlord may propose a new rental rate for any renewal term.
Renters who receive a rent increase notice should verify the notice period was correct and that the increase is not being applied in a retaliatory manner (see the retaliation section below). Beyond those procedural checks, Wisconsin law provides no mechanism to challenge the amount of a rent increase itself.
Wisconsin's landlord-tenant statutes (Wis. Stat. Chapter 704) provide a set of baseline protections that apply to every renter in Little Chute. The key protections are summarized below.
Habitability and Repairs (Wis. Stat. § 704.07): Wisconsin landlords are required to maintain rental premises in a reasonable state of repair and in compliance with applicable local housing codes. This includes keeping the structure weathertight, maintaining heating, plumbing, and electrical systems, and addressing conditions that materially affect health or safety. After a tenant provides written notice of a defect, the landlord must make repairs within a reasonable time. If the landlord fails to act, tenants may have remedies including rent withholding, repair-and-deduct (under certain conditions), or lease termination, depending on the severity of the defect.
Security Deposit Rules (Wis. Stat. § 704.28): Landlords must return a tenant's security deposit — along with an itemized written statement of any deductions — within 21 days after the tenant vacates and returns the keys. If the landlord wrongfully withholds any portion of the deposit, the tenant is entitled to recover twice the amount improperly withheld, plus reasonable attorney's fees, in a small claims court action. Wisconsin has no statutory cap on the amount a landlord may charge for a security deposit.
Notice to Terminate (Wis. Stat. § 704.19): A landlord renting on a month-to-month basis must provide at least 28 days' written notice to terminate the tenancy. The same 28-day minimum applies to a tenant wishing to terminate. For week-to-week tenancies, 7 days' notice is required. Fixed-term leases expire on their own terms and do not require a termination notice unless the lease says otherwise.
Anti-Retaliation Protection (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting housing code violations to a government agency, contacting an inspector, or exercising any legal right. Prohibited retaliatory acts include raising rent, reducing services, threatening eviction, or filing an eviction action. Wisconsin law creates a rebuttable presumption of retaliation if an adverse action occurs within six months of a protected activity. A tenant who successfully proves retaliation may recover actual damages, costs, and attorney's fees.
Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord may not change locks, remove doors or windows, shut off utilities, or take any other action to force a tenant out without going through the court eviction process. A tenant who is subjected to an illegal lockout is entitled to recover punitive damages of up to two months' rent, plus actual damages, from the landlord.
Disclosure Requirements (Wis. Admin. Code ATCP 134): Wisconsin's Residential Rental Practices rules, administered by the Department of Agriculture, Trade and Consumer Protection, require landlords to disclose certain information to tenants at the start of a tenancy — including the name and address of the owner or their agent, any known building code violations, and the terms under which the security deposit will be held. Violations of ATCP 134 can constitute unfair trade practices and may entitle tenants to additional remedies.
No statutory cap on deposit amount: Wisconsin law does not limit how much a landlord in Little Chute may charge as a security deposit. The amount is set by the lease agreement. Tenants should document the condition of the unit thoroughly at move-in — including dated photographs — to protect against improper deductions later.
21-day return deadline (Wis. Stat. § 704.28): After a tenant moves out and returns possession of the unit, the landlord has exactly 21 days to either return the full deposit or provide the tenant with a written, itemized statement of deductions and the remaining balance. The 21-day clock typically starts when the tenant vacates and surrenders the keys. Landlords may only deduct for items permitted by the lease and by Wis. Admin. Code ATCP 134.06, such as unpaid rent, physical damage beyond normal wear and tear, and certain other costs specifically disclosed in the rental agreement.
Penalty for wrongful withholding (Wis. Stat. § 704.28(4)): If a landlord fails to return the deposit on time or makes deductions that are not legally permitted, the tenant may sue in small claims court. A court finding that the landlord wrongfully withheld any portion of the deposit entitles the tenant to recover twice the amount improperly withheld, plus reasonable attorney's fees. This double-damages remedy is a significant deterrent against improper deposit retention.
Practical tips for Little Chute renters: Always submit a move-out notice in writing and keep a copy. Return keys in person and request a signed receipt, or mail them with tracking. Send a written demand letter if the deposit is not returned within 21 days — this creates a paper trail before filing in Outagamie County small claims court.
Wisconsin establishes a court-supervised eviction process that all landlords in Little Chute must follow. There is no shortcut: a landlord cannot remove a tenant without a court order.
Step 1 — Written Notice: Before filing in court, the 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 the notice, the landlord may file an eviction action (formerly called an "eviction suit" or "forcible entry and detainer") in Outagamie County Circuit Court. The tenant will be served with a summons and complaint and scheduled for an initial hearing, typically within 8 to 30 days of filing (Wis. Stat. § 799.206).
Step 3 — Hearing and Judgment: Both parties may present evidence at the hearing. If the court rules in the landlord's favor, it issues a judgment for eviction. The tenant is then given a brief period — typically a few days — to vacate voluntarily. If the tenant does not leave, the landlord may obtain a writ of restitution directing the sheriff to remove the tenant.
Step 4 — Writ of Restitution: Only the Outagamie County Sheriff's Office, acting on a court-issued writ of restitution, may physically remove a tenant from the premises. A landlord who attempts to remove a tenant on their own — by changing locks, removing belongings, or shutting off utilities — commits an illegal self-help eviction (Wis. Stat. § 704.11) and may be liable for punitive damages of up to two months' rent plus actual damages.
No Just-Cause Requirement: Wisconsin law does not require a landlord to have "just cause" to evict a tenant at the end of a lease term or after proper termination of a month-to-month tenancy. Once the appropriate notice period expires and the tenant has not vacated, the landlord may proceed with a court filing.
This article is provided for general informational purposes only and does not constitute legal advice. The information on this page describes Wisconsin landlord-tenant law as it generally applies to renters in Little Chute, Outagamie County, but laws and local rules can change, and individual circumstances vary significantly. Do not rely on this article as a substitute for advice from a licensed attorney or qualified legal aid organization. If you are facing an eviction, a security deposit dispute, a habitability problem, or any other housing legal issue, please contact Wisconsin Judicare, Legal Action of Wisconsin, or another qualified legal services provider in your area as soon as possible.
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