Tenant Rights in Marshfield, Wisconsin

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1. Overview: Tenant Rights in Marshfield

Marshfield is a mid-size city of approximately 19,000 residents in Wood County, Wisconsin, anchored by Marshfield Clinic Health System and a diverse local economy. A significant share of Marshfield households rent their homes, and renters here rely primarily on Wisconsin's statewide landlord-tenant statutes — found in Wis. Stat. Chapter 704 — for their core legal protections.

Marshfield has enacted no local tenant-protection ordinances beyond state law, so understanding what the Wisconsin statutes actually require is essential for every renter in the city. The most common questions from Marshfield tenants involve security deposit returns, what notice a landlord must give before ending a tenancy, and what rights apply when a landlord fails to make repairs. This guide addresses each of those topics with the specific statutory citations that govern your situation.

This page is intended as general legal information only and does not constitute legal advice. Laws can change, and individual circumstances vary. If you have a specific housing dispute, contact a qualified attorney or a legal aid organization serving Wood County.

2. Does Marshfield Have Rent Control?

Rent control does not exist in Marshfield — and cannot be enacted here. Wisconsin state law explicitly strips all local governments of the authority to regulate the amount of rent a landlord may charge. Wis. Stat. § 66.1015 states that no city, village, town, or county may enact an ordinance that controls the amount of rent charged for privately owned residential or commercial property. This preemption applies statewide and without exception, meaning the City of Marshfield has no legal authority to pass any form of rent stabilization or rent control, regardless of local housing conditions.

In practical terms, this means your landlord in Marshfield may increase your rent by any dollar amount, with no cap or percentage limit. The only legal constraint is the notice requirement: for a month-to-month tenancy, a landlord must give at least 28 days' written notice before a rent increase takes effect (Wis. Stat. § 704.19). For a fixed-term lease, the rent is locked in for the lease period and can only be raised at renewal. Renters should carefully review lease renewal offers and factor in the possibility of significant rent increases when signing or renewing any lease in Marshfield.

3. Wisconsin State Tenant Protections That Apply in Marshfield

Although Marshfield has no local tenant ordinances, Wisconsin's Chapter 704 statutes provide meaningful protections that apply to every renter in the city.

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 housing codes, and keep all electrical, plumbing, heating, and structural systems in good working order. If your landlord fails to make a necessary repair after receiving written notice, you may have the right to withhold rent, terminate the lease, or pursue damages — depending on the severity of the deficiency. Tenants are responsible for keeping the unit clean and for repairing damage they or their guests cause.

Security Deposit Rules (Wis. Stat. § 704.28): Landlords must return your security deposit within 21 days of the later of your move-out date or the date you provide a forwarding address, along with a written itemized statement of any deductions. Wrongful withholding entitles the tenant to twice the amount improperly withheld plus reasonable attorney's fees. Wisconsin Administrative Code ATCP 134 also limits the types of deductions a landlord may lawfully make.

Notice to Terminate Tenancy (Wis. Stat. § 704.19): To end a month-to-month tenancy, a landlord must give the tenant at least 28 days' written notice. The notice must be in writing and state the termination date clearly. Tenants wishing to terminate a month-to-month tenancy must provide the same 28-day written notice to the landlord.

Anti-Retaliation Protection (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting a housing code violation, complaining to a government authority, joining a tenant organization, or exercising any legal right. If a landlord takes an adverse action — such as a rent increase, eviction, or service reduction — within six months of a protected act, Wisconsin law presumes the action was retaliatory. The landlord must then prove a legitimate non-retaliatory reason for the action.

Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord may not change your locks, remove doors or windows, shut off utilities, or take any other action to force you out without going through the formal court eviction process. A tenant who is unlawfully locked out or has utilities shut off may recover punitive damages of up to two months' rent plus actual damages and attorney's fees.

4. Security Deposit Rules in Marshfield

Wisconsin law does not set a maximum cap on the amount a landlord may charge for a security deposit in Marshfield. Landlords may charge whatever amount the market and the lease agreement specify, though high deposits are uncommon in most Wood County rental markets.

Return Deadline: Under Wis. Stat. § 704.28, your landlord must return your full security deposit — or the remaining balance after lawful deductions — within 21 days of the later of: (1) your lease termination or move-out date, or (2) the date you provide your landlord with a forwarding address. The 21-day clock does not start until you have both vacated and provided a forwarding address.

Itemized Statement: The landlord must accompany any partial return (or a decision to withhold the entire deposit) with a written, itemized statement explaining each deduction. Under Wisconsin Administrative Code ATCP 134.06, permissible deductions are limited to unpaid rent, damage beyond normal wear and tear, certain unpaid utility charges, and costs specifically authorized by the lease.

Penalty for Wrongful Withholding: If your landlord fails to return the deposit within 21 days, fails to provide a proper itemized statement, or makes deductions that are not legally permitted, you are entitled to recover twice the amount wrongfully withheld plus reasonable attorney's fees under Wis. Stat. § 704.28(4). You can pursue this claim in small claims court in Wood County Circuit Court.

Move-Out Documentation: To protect yourself, conduct a thorough move-out walkthrough, photograph all rooms, and send your forwarding address to your landlord in writing — ideally via certified mail — on or before your move-out date. This creates a clear record of when the 21-day return period began.

5. Eviction Process and Your Rights in Marshfield

Wisconsin law requires landlords to follow a strict court-supervised eviction process. Self-help measures — including lockouts, utility shutoffs, or removal of belongings — are illegal under Wis. Stat. § 704.11 and expose the landlord to significant liability.

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

• Nonpayment of rent: 5-day written notice to pay rent or vacate (Wis. Stat. § 704.17(2)).
• Lease violation other than nonpayment: 5-day notice to cure the violation or vacate for a first offense (Wis. Stat. § 704.17(2)); for a second offense, a 14-day unconditional notice to vacate.
• Month-to-month tenancy termination (no fault): 28 days' written notice before the next rent-due date (Wis. Stat. § 704.19).
• Fixed-term lease expiration: No additional notice is required if the lease itself specifies the end date; however, the landlord cannot remove the tenant before the lease term ends without cause.

Step 2 — Filing in Court: If the tenant does not comply with the notice, the landlord may file an eviction (unlawful detainer) action in Wood County Circuit Court. The court will schedule a hearing, typically within a few weeks of filing.

Step 3 — Court Hearing: Both parties may appear and present their case. Tenants have the right to raise defenses such as improper notice, retaliation (Wis. Stat. § 704.45), or the landlord's failure to maintain habitable conditions (Wis. Stat. § 704.07). If the court rules in the landlord's favor, it will issue a judgment for eviction.

Step 4 — Writ of Restitution: After a judgment, the landlord must obtain a writ of restitution before physically removing the tenant. The writ authorizes the Wood County Sheriff's Office to carry out the eviction. Only a sheriff — not the landlord — may physically remove a tenant under Wisconsin law.

No Just-Cause Requirement: Wisconsin law does not require a landlord to have a specific reason (just cause) to decline to renew a lease or to terminate a month-to-month tenancy. Proper notice alone is sufficient, unless the refusal to renew is retaliatory under Wis. Stat. § 704.45.

6. Resources for Marshfield Tenants

• Wisconsin Judicare — Free civil legal services for low-income residents of Northern and Central Wisconsin, including Wood County. Handles housing cases including eviction defense, security deposit disputes, and habitability complaints.
• Legal Action of Wisconsin — Statewide free civil legal aid for low-income Wisconsinites; covers housing, eviction, and tenant rights across multiple regional offices.
• Legal Aid Society of Milwaukee — Free legal help for low-income residents of Wisconsin including tenant rights, eviction defense, and housing code matters.
• Tenant Resource Center — Provides free tenant counseling, education, and referrals; primarily serves the Madison area but maintains online resources relevant to all Wisconsin renters.
• Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) — Administers Wis. Admin. Code ATCP 134, which governs security deposit rules and landlord disclosure requirements statewide. File complaints about unlawful deposit withholding here.
• Wisconsin Court System — Wood County Circuit Court — For filing small claims actions to recover wrongfully withheld deposits or other landlord-tenant disputes arising in Marshfield.

Frequently Asked Questions