Last updated: April 2026
New Berlin renters in Waukesha County are governed by Wisconsin state law — no rent control is permitted anywhere in Wisconsin, but state law provides important protections on security deposits, habitability, eviction, and unlawful lockouts.
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New Berlin is a suburban city in Waukesha County, Wisconsin, located southwest of Milwaukee. A primarily residential community, New Berlin has grown significantly as a Milwaukee suburb and offers a rental market that includes apartment complexes, condominiums, and single-family home rentals. All landlord-tenant relationships in New Berlin are governed primarily by Wisconsin state law — specifically Wis. Stat. § 704 — along with the Wisconsin Administrative Code (ATCP § 134). New Berlin has not enacted any local rent control, just-cause eviction, or additional deposit protections beyond what state law requires.
Wisconsin's statewide framework provides renters with important rights: a 21-day security deposit return deadline with double-damages penalties, habitability and repair obligations, 28-day notice for month-to-month tenancy termination, anti-retaliation protections, and a strict prohibition on self-help eviction.
This page is intended as an informational overview of tenant rights in New Berlin. It is not legal advice. Renters facing eviction, deposit disputes, or other housing issues should contact Legal Action of Wisconsin or Wisconsin Judicare for free or low-cost legal assistance.
New Berlin has no rent control, and Wisconsin state law explicitly bans local governments from enacting it. Under Wis. Stat. § 66.1015, no city, village, town, or county in Wisconsin may enact an ordinance that controls the amount of rent charged for private residential housing. This prohibition applies uniformly across the state, including New Berlin and Waukesha County.
In practice, a New Berlin landlord can raise rent by any amount at the end of a lease term or, for month-to-month tenants, with at least 28 days' written notice under Wis. Stat. § 704.19. There is no cap on how large that increase can be. Renters who receive a rent increase notice may accept the new terms, negotiate with the landlord, or give proper notice and vacate.
Wisconsin law does provide meaningful protections in other areas — security deposits, habitability, retaliation, and eviction procedure — as detailed in the sections below.
Wisconsin's landlord-tenant statute (Wis. Stat. § 704) and the Wisconsin Administrative Code (ATCP § 134) together form the primary legal framework for New Berlin rentals. Key protections for tenants include:
Security Deposit Rules (Wis. Stat. § 704.28; ATCP § 134.06): Landlords must return the security deposit — along with an itemized written 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. If the landlord wrongfully withholds any portion, the tenant is entitled to double the amount improperly withheld, plus reasonable attorney's fees. Wisconsin imposes no statutory cap on deposit amounts.
Habitability and Repairs (Wis. Stat. § 704.07): Landlords are required to 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 act. If the landlord fails to respond, tenants may have rights to withhold rent, terminate the lease, or pursue damages.
Notice Requirements (Wis. Stat. § 704.19): For month-to-month tenancies, either party must give at least 28 days' written notice before terminating the tenancy. Fixed-term leases expire at the end of the term without additional notice unless the lease provides otherwise.
Anti-Retaliation Protection (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting a housing code violation or exercising any legal tenant right. Wisconsin law creates a rebuttable presumption of retaliation if the landlord takes adverse action within 6 months of a protected tenant act.
Lockout Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord who locks out a tenant or shuts off utilities without a court order is liable for punitive damages of up to two months' rent, plus actual damages and attorney's fees.
Wisconsin does not set a statutory maximum on security deposit amounts, so New Berlin landlords may charge any deposit amount. The governing rules are found in Wis. Stat. § 704.28 and Wis. Admin. Code ATCP § 134.06.
Return Deadline: Landlords must return the deposit — along with 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 the tenant vacates and returns the keys.
Permissible Deductions: Landlords may only deduct for items allowed by law, including unpaid rent and damage caused by the tenant beyond normal wear and tear. Deductions for ordinary wear and tear are not permitted.
Penalty for Wrongful Withholding: If a landlord fails to return the deposit within 21 days, fails to provide an itemized statement, or makes impermissible deductions, the tenant is entitled to recover double the amount wrongfully withheld, plus court costs and reasonable attorney's fees, under Wis. Stat. § 704.28(4). Tenants may bring such claims in Waukesha County Circuit Court small claims division.
Tip for New Berlin Renters: Document the unit's condition with timestamped photos or video at move-in and move-out.
Evictions in New Berlin follow the Wisconsin court process established under Wis. Stat. § 799 and Wis. Stat. § 704.17. Self-help eviction is illegal.
Step 1 — Written Notice:
Step 2 — Filing in Court: If the tenant does not comply, the landlord may file an eviction action in Waukesha County Circuit Court small claims division.
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.
Step 4 — Writ of Restitution: After judgment, the landlord must wait at least 10 days before requesting a writ of restitution. A sheriff or court officer — not the landlord — carries out the physical removal.
Self-Help Eviction is Illegal: Under Wis. Stat. § 704.11, any lockout or utility shutoff without a court order entitles the tenant to punitive damages of up to two months' rent plus actual damages and attorney's fees.
No. New Berlin does not have rent control, and Wisconsin state law (Wis. Stat. § 66.1015) explicitly prohibits any city, village, town, or county from enacting rent control ordinances. There is no local ordinance in New Berlin that limits how much a landlord may charge or increase rent.
There is no legal limit on how much a landlord can raise rent in New Berlin. Wisconsin prohibits rent control under Wis. Stat. § 66.1015. For month-to-month tenants, the landlord must provide at least 28 days' written notice before the increase takes effect under Wis. Stat. § 704.19. For fixed-term leases, rent cannot be changed mid-lease unless the lease expressly allows it.
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 starts from the later of your lease termination date or the date you vacate and return your keys. If your landlord fails to comply or makes improper deductions, you are entitled to recover double the wrongfully withheld amount plus attorney's fees.
For nonpayment of rent, your landlord must give 5 days' 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, your landlord must give at least 28 days' written notice under Wis. Stat. § 704.19. After the notice period, the landlord must file in Waukesha County Circuit Court.
No. Self-help eviction is illegal in Wisconsin under Wis. Stat. § 704.11. A landlord may never change your locks, shut off utilities, or take any other action to force you out without a court order. If your landlord does any of these things, you are entitled to punitive damages of up to two months' rent plus actual damages and attorney's fees.
Wisconsin landlords are required to maintain rental units in a reasonable state of repair 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 be able to withhold rent, terminate the lease, or pursue damages. You can also file a complaint with New Berlin's Inspection Services. Contact Legal Action of Wisconsin for guidance.
This page is for general informational purposes only and does not constitute legal advice. Tenant rights laws in Wisconsin may change, and the application of these laws to your specific situation depends on facts that only a qualified attorney can evaluate. If you are facing eviction, a security deposit dispute, or any other housing legal matter in New Berlin, contact Legal Action of Wisconsin, Wisconsin Judicare, or a licensed Wisconsin attorney. RentCheckMe is not a law firm and cannot provide legal representation.
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