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.
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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