Tenant Rights in Menasha, Wisconsin

Key Takeaways

  • None — prohibited statewide by Wis. Stat. § 66.1015
  • Returned within 21 days of move-out; wrongful withholding triggers double damages plus attorney's fees (Wis. Stat. § 704.28)
  • Minimum 28 days' written notice for month-to-month tenancies (Wis. Stat. § 704.19)
  • No just cause requirement — landlords may terminate month-to-month tenancies with proper notice; eviction must follow court process (Wis. Stat. § 704.17)
  • Legal Action of Wisconsin, Wisconsin Judicare, Tenant Resource Center – Madison

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1. Overview: Tenant Rights in Menasha

Menasha is a mid-sized city in Winnebago County, situated on Lake Winnebago and the Fox River in northeastern Wisconsin. The city has a significant renter population — as is typical throughout the Fox Cities metro area — and tenants here are governed entirely by Wisconsin state landlord-tenant law found in Wis. Stat. ch. 704, one of the more comprehensive statutory frameworks in the Midwest.

Renters in Menasha most commonly seek information about security deposit returns, rent increase notices, habitability obligations, and the eviction process. Unlike some Wisconsin cities such as Madison, Menasha has no local ordinances that go beyond state protections, so state law is the primary — and complete — source of tenant rights here.

This page is an informational summary of the laws that apply to Menasha renters as of April 2026. It is not legal advice. If you have a specific dispute with your landlord, consult a licensed Wisconsin attorney or reach out to one of the free legal aid organizations listed below.

2. Does Menasha Have Rent Control?

Menasha has no rent control, and no Wisconsin city or municipality may enact rent control under any circumstances. Wisconsin state law explicitly preempts all local rent regulation under Wis. Stat. § 66.1015, which states that no local unit of government may regulate the amount of rent charged for private residential property.

In practice, this means a landlord in Menasha 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 tenants, that means at least 28 days' written notice under Wis. Stat. § 704.19. Fixed-term leases are governed by the lease agreement itself — a landlord cannot unilaterally raise rent during a lease term unless the lease expressly allows it.

While rent increases cannot be legally capped, landlords are prohibited from raising rent as a form of retaliation against tenants who exercise their legal rights (Wis. Stat. § 704.45). If you believe a rent increase is retaliatory, document your protected activity and consult legal aid.

3. Wisconsin State Tenant Protections That Apply in Menasha

Wisconsin's landlord-tenant statutes (Wis. Stat. ch. 704) and the Wisconsin Administrative Code (ATCP 134) provide Menasha renters with a layered set of protections.

Security Deposits (Wis. Stat. § 704.28 & ATCP 134): There is no statutory cap on the amount a landlord can charge for a security deposit in Wisconsin. However, landlords must return the deposit — along with a written, itemized statement of any deductions — within 21 days after the tenant vacates and the landlord receives a forwarding address. Failure to comply without a valid reason entitles the tenant to double the wrongfully withheld amount plus reasonable attorney's fees.

Habitability & Repairs (Wis. Stat. § 704.07): Landlords must maintain rental premises in a reasonable state of repair, fit for human habitation, and in compliance with applicable housing codes. After a tenant delivers written notice of a repair need, the landlord has a reasonable time to cure the defect. If the landlord fails to act, the tenant may have the right to withhold rent, repair and deduct costs, or terminate the tenancy, depending on the severity of the defect.

Notice to Terminate (Wis. Stat. § 704.19): Either party wishing to end a month-to-month tenancy must give at least 28 days' written notice before the end of the rental period. Tenants are entitled to the same notice from landlords — a landlord cannot simply demand a tenant leave without complying with this requirement.

Anti-Retaliation (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting housing code violations to authorities, complaining to the landlord about habitability issues, or exercising any other right protected by law. If a landlord takes an adverse action — such as a rent increase, lease non-renewal, or eviction — within 6 months of a tenant's protected act, a rebuttable presumption of retaliation arises under the statute.

Lockout & Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord who unlawfully locks a tenant out, removes the tenant's belongings, or shuts off utilities to force the tenant to leave is liable for punitive damages of up to two months' rent, plus the tenant's actual damages and attorney's fees.

4. Security Deposit Rules in Menasha

Wisconsin law does not cap the amount a landlord in Menasha may charge as a security deposit, so the amount is set by negotiation and written in the lease. Before accepting a deposit, however, Wisconsin Administrative Code ATCP 134.06 requires the landlord to give the tenant a written check-in sheet to document the condition of the unit.

Under Wis. Stat. § 704.28, the landlord must return the full deposit — or the remaining balance after lawful deductions — along with a written, itemized list of any withheld amounts, within 21 days after: (1) the tenant vacates the unit, and (2) the landlord receives the tenant's forwarding address, whichever is later.

Allowable deductions are limited to unpaid rent, damage beyond normal wear and tear, and certain other charges explicitly permitted by lease terms and ATCP 134. Deductions for normal wear and tear are not permitted.

If the landlord fails to return the deposit on time or withholds amounts improperly, the tenant is entitled to double the wrongfully withheld amount plus reasonable attorney's fees under Wis. Stat. § 704.28(4). Tenants should document the condition of the unit at move-in and move-out with photographs and written records to support any deposit dispute.

5. Eviction Process and Your Rights in Menasha

Evictions in Menasha follow the mandatory court process established by Wisconsin law. A landlord cannot remove a tenant — or their belongings — without a court order. Self-help eviction, including lockouts or utility shutoffs intended to force a tenant out, is illegal under Wis. Stat. § 704.11.

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

Step 2 — Small Claims Filing: If the tenant does not comply with the notice, the landlord may file an eviction action (unlawful detainer) in Winnebago County Circuit Court Small Claims Division. The filing fee is set by Wis. Stat. ch. 799. The tenant will receive a summons with a court date.

Step 3 — Court Hearing: Both parties appear before a judge. Tenants have the right to present defenses — such as improper notice, retaliation, or habitability issues. If the court rules in the landlord's favor, a judgment for eviction is entered.

Step 4 — Writ of Restitution: After a judgment, the court issues a writ of restitution. The tenant typically has a short period — often 5 days — to vacate before a law enforcement officer can physically remove them. Only a law enforcement officer authorized by a court order may remove the tenant.

Wisconsin has no general just-cause eviction requirement for private market rentals outside of federally subsidized housing. Tenants in federally assisted housing have additional federal protections and must receive cause for non-renewal.

6. Resources for Menasha Tenants

This page is provided for informational purposes only and does not constitute legal advice. The information summarizes Wisconsin state law and general tenant rights applicable to Menasha renters as of April 2026, but laws and local rules may change. RentCheckMe is not a law firm and no attorney-client relationship is created by reading this content. If you have a specific legal problem or dispute with your landlord, you should consult a licensed Wisconsin attorney or contact a qualified legal aid organization in your area to get advice tailored to your situation.

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Frequently Asked Questions

Does Menasha have rent control?
No. Menasha has no rent control, and Wisconsin state law prohibits any municipality from enacting rent control ordinances under Wis. Stat. § 66.1015. This means there is no cap on how much a landlord can charge or increase rent in Menasha.
How much can my landlord raise my rent in Menasha?
There is no legal limit on rent increases in Menasha — landlords may raise rent by any amount. For month-to-month tenants, the landlord must provide at least 28 days' written notice before the increase takes effect, as required by Wis. Stat. § 704.19. A landlord cannot raise rent during a fixed-term lease unless the lease expressly permits it, and increases motivated by retaliation are prohibited under Wis. Stat. § 704.45.
How long does my landlord have to return my security deposit in Menasha?
Your landlord must return your security deposit — along with a written, itemized list of any deductions — within 21 days after you vacate the unit and provide your forwarding address, whichever is later (Wis. Stat. § 704.28). If your landlord fails to comply or improperly withholds money, you are entitled to double the wrongfully withheld amount plus reasonable attorney's fees.
What notice does my landlord need before evicting me in Menasha?
The required notice depends on the reason for eviction. For nonpayment of rent or a lease violation, a landlord must provide a 5-day written notice (Wis. Stat. § 704.17). To terminate a month-to-month tenancy without cause, the landlord must give at least 28 days' written notice under Wis. Stat. § 704.19. After the notice period, the landlord must file in Winnebago County Circuit Court and obtain a court order before removing you.
Can my landlord lock me out or shut off utilities in Menasha?
No. Self-help eviction — including unauthorized lockouts, removing your belongings, or shutting off utilities to force you out — is illegal under Wis. Stat. § 704.11. A landlord who does this is liable for punitive damages of up to two months' rent, plus your actual damages and attorney's fees. If your landlord locks you out illegally, contact law enforcement and a legal aid organization immediately.
What can I do if my landlord refuses to make repairs in Menasha?
Wisconsin landlords are required to maintain rental units in a reasonable state of repair and in compliance with housing codes under Wis. Stat. § 704.07. You should notify your landlord of the repair issue in writing and keep a copy. If the landlord fails to act within a reasonable time, you may have the right to withhold rent, repair and deduct costs, or terminate the lease depending on the severity. You can also file a complaint with your local housing inspector or contact Wisconsin Judicare or Legal Action of Wisconsin for legal guidance.

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