Last updated: April 2026
Muskego renters in Waukesha County are protected by Wisconsin state law on security deposits, habitability, retaliation, and eviction procedure — but there is no rent control anywhere in Wisconsin. Here is what every Muskego tenant should know.
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Muskego is a suburban city in Waukesha County, Wisconsin, located southwest of Milwaukee along the shores of Big Muskego Lake. With a population of approximately 24,000, Muskego is a predominantly residential community where a meaningful share of households rent single-family homes, townhouses, and apartments. Renters in Muskego — like all Wisconsin tenants — are governed exclusively by Wisconsin state landlord-tenant law, primarily Wis. Stat. § 704 and the Wisconsin Administrative Code ATCP § 134.
Muskego has enacted no local tenant-protection ordinances beyond what state law already requires. There is no rent control, no local just-cause eviction requirement, and no citywide rental registration program with enhanced tenant rights. Waukesha County also has no county-level landlord-tenant protections that go beyond state law. That means the protections described in this guide represent the full scope of your legal rights as a Muskego renter.
This page is provided for general informational purposes only and is not legal advice. Renters facing eviction, security deposit disputes, or habitability issues should contact a qualified attorney or one of the legal aid organizations listed at the bottom of this page.
Muskego has no rent control, and Wisconsin law makes it illegal for any city, village, or county to enact one. Under Wis. Stat. § 66.1015, no municipality or local government unit in Wisconsin may enact an ordinance that controls the amount of rent charged for private residential housing. This statewide preemption applies uniformly — including in Muskego and across Waukesha County.
In practice, this means your landlord can raise your rent by any amount, at any time. For month-to-month tenants, the landlord must provide at least 28 days' written notice before a rent increase takes effect, as required by Wis. Stat. § 704.19. For fixed-term leases, rent generally cannot be increased mid-term unless the lease expressly allows it — but at renewal, the landlord may set any new rate. There is no cap, no annual percentage limit, and no agency to appeal to regarding the size of an increase.
While Wisconsin does not protect tenants from rent increases, the law does provide meaningful protections in other areas — security deposits, habitability, retaliation, and eviction procedure — all of which are detailed in the sections below.
Wisconsin's landlord-tenant statute (Wis. Stat. § 704) and administrative code (ATCP § 134) together provide the following core protections for Muskego renters.
Security Deposit Rules (Wis. Stat. § 704.28; ATCP § 134.06): Landlords must return the full security deposit — along with a written, itemized statement of any deductions — within 21 days of the later of the lease termination date or the date the tenant vacates and returns the keys. Deductions are permitted only for unpaid rent and damage beyond normal wear and tear. If a landlord wrongfully withholds any portion of the deposit, the tenant is entitled to double the amount improperly withheld plus reasonable attorney's fees under Wis. Stat. § 704.28(4).
Habitability and Repairs (Wis. Stat. § 704.07): Wisconsin landlords must maintain rental units in a reasonable state of repair and comply with applicable housing codes. After a tenant provides written notice of a repair need, the landlord has a reasonable time to remedy the defect. If the landlord fails to act, tenants may — depending on the severity — have the right to withhold rent, terminate the lease, or pursue damages. Always notify your landlord in writing and keep a copy before exercising any remedy.
Notice to Terminate (Wis. Stat. § 704.19): For month-to-month tenancies, either party must give at least 28 days' written notice before terminating. This notice period applies to both the landlord and the tenant. For fixed-term leases, no additional notice is required unless the lease provides otherwise — the tenancy ends at the specified expiration date.
Anti-Retaliation (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting a housing code violation, complaining about habitability, or exercising any legal tenant right. Wisconsin law creates a rebuttable presumption of retaliation if the landlord takes adverse action — such as raising rent, reducing services, or initiating eviction — within 6 months of a protected tenant act. A tenant who prevails on a retaliation claim may recover damages and attorney's fees.
Lockout 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 use any other method to force a tenant out without going through the court process. A tenant subjected to an unlawful lockout is entitled to punitive damages of up to two months' rent, plus actual damages and attorney's fees.
Security deposit rules for Muskego rentals are governed by Wis. Stat. § 704.28 and Wis. Admin. Code ATCP § 134.06. Wisconsin imposes no statutory cap on deposit amounts, so a Muskego landlord may charge any amount — though market norms typically run one to two months' rent.
Return Deadline: Your landlord must return the deposit — plus a written, itemized statement of any deductions — within 21 days of the later of: (a) the date the rental agreement terminates, or (b) the date you vacate and return the keys. Each deduction listed must identify the specific reason and the amount charged for it.
Permitted Deductions: Under ATCP § 134.06, landlords may only deduct for items allowed by law and identified in writing — typically unpaid rent and physical damage beyond normal wear and tear. Deductions for ordinary wear, faded paint, or carpet depreciation from normal use are not permitted.
Penalty for Wrongful Withholding: If your landlord fails to return the deposit within 21 days, provides no itemized statement, or makes deductions that are not legally justified, you are entitled to double the amount wrongfully withheld plus court costs and attorney's fees under Wis. Stat. § 704.28(4). Claims may be brought in Waukesha County Circuit Court small claims division. Document your unit's condition at move-in and move-out with timestamped photos and retain all written correspondence with your landlord.
Muskego landlords must follow Wisconsin's court eviction process established under Wis. Stat. § 799 (small claims procedure) and Wis. Stat. § 704.17 (termination for cause). No tenant may be removed without a court order.
Step 1 — Written Notice: The notice required depends on the reason for eviction:
Step 2 — Filing in Court: If the tenant does not comply, the landlord files an eviction action in Waukesha County Circuit Court small claims division. A hearing date is typically scheduled within a few weeks of filing.
Step 3 — Court Hearing: Both parties may appear and present evidence. Tenants may raise defenses including habitability failures, retaliatory eviction under Wis. Stat. § 704.45, or a defective notice. If the court rules for the landlord, a judgment for eviction is entered.
Step 4 — Writ of Restitution: After judgment, the landlord must wait at least 10 days before requesting a writ of restitution. A sheriff — not the landlord — executes the physical removal. Any landlord who locks out a tenant or shuts off utilities before obtaining a court order may owe the tenant punitive damages of up to two months' rent plus actual damages under Wis. Stat. § 704.11.
No. Muskego has no rent control. Wisconsin state law (Wis. Stat. § 66.1015) explicitly prohibits any city, village, town, or county from enacting a rent control ordinance. This statewide ban applies to Muskego and every other Wisconsin municipality. Your landlord may raise rent by any amount with proper notice.
There is no legal cap on rent increases in Muskego. Because Wisconsin's statewide preemption statute (Wis. Stat. § 66.1015) bans rent control, landlords may raise rent by any dollar amount. For month-to-month tenancies, your landlord must give at least 28 days' written notice before the increase takes effect under Wis. Stat. § 704.19. Fixed-term leases cannot be increased mid-term unless the lease expressly allows it, but any amount may be set at renewal.
Your landlord has 21 days to return your security deposit along with a written itemized statement of any deductions under Wis. Stat. § 704.28 and ATCP § 134.06. The 21-day clock runs from the later of your lease termination date or the date you vacate and return the keys. If the landlord misses this deadline or makes improper deductions, you are entitled to double the wrongfully withheld amount plus attorney's fees.
For nonpayment of rent, Wisconsin law requires a 5-day written notice to pay or vacate under Wis. Stat. § 704.17(2)(a). For a lease violation, a 5-day notice to cure or vacate is typically required. 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 notice, the landlord must file in Waukesha County Circuit Court and obtain a court order — no tenant can be removed without one.
No. Self-help eviction is illegal in Wisconsin under Wis. Stat. § 704.11. A landlord may not change your locks, remove doors or windows, shut off utilities, or take any other action to force you out without a court order. If your landlord does this, you are entitled to punitive damages of up to two months' rent plus actual damages and attorney's fees. Contact the Waukesha County Sheriff and Legal Action of Wisconsin immediately if this occurs.
Wisconsin landlords must maintain rental units in a reasonable state of repair and comply with housing codes under Wis. Stat. § 704.07. Send your landlord a written repair request and keep a copy. If the landlord fails to act within a reasonable time, you may — depending on the severity — be able to withhold rent, terminate the lease, or pursue damages. You can also contact Muskego's building inspection department to report code violations. Consult Legal Action of Wisconsin (legalaction.org) before withholding rent to avoid unintended legal risk.
This page is provided for general informational purposes only and does not constitute legal advice. The information reflects Wisconsin law as of April 2026, but statutes and administrative rules are subject to change. The application of any law depends on the specific facts of your situation. Renters in Muskego facing eviction, a security deposit dispute, or other housing issues should consult a licensed Wisconsin attorney or contact Legal Action of Wisconsin or Wisconsin Judicare. RentCheckMe is not a law firm and no attorney-client relationship is created by reading this page.
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