Tenant Rights in Oregon, Wisconsin

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1. Overview: Tenant Rights in Oregon

Oregon is a fast-growing village in Dane County, situated roughly 10 miles south of Madison. As the greater Madison metropolitan area expands, Oregon has attracted a rising share of renters seeking affordable housing outside the city. Like all Wisconsin municipalities, Oregon has no rent control and no local tenant ordinances beyond what state law provides — meaning renters here must understand Wisconsin's statutes to know exactly where they stand.

The primary legal framework governing the landlord-tenant relationship in Oregon is Wisconsin's landlord-tenant law, codified at Wis. Stat. Chapter 704. This chapter addresses security deposits, lease termination notices, habitability obligations, anti-retaliation protections, and the eviction process. Because Dane County neighbors the state capital, renters in Oregon also benefit from proximity to robust legal aid resources, including organizations that serve southern Wisconsin broadly.

This article is informational only and does not constitute legal advice. Tenant rights law can change, and individual circumstances vary — if you face an eviction, security deposit dispute, or habitability issue, consult a licensed Wisconsin attorney or contact a local legal aid organization for guidance specific to your situation.

2. Does Oregon Have Rent Control?

Rent Control Status: Prohibited by State Law

Oregon, Wisconsin has no rent control ordinance, and no Wisconsin municipality may enact one. Wisconsin Stat. § 66.1015 explicitly prohibits local governments — including villages, cities, towns, and counties — from adopting any ordinance that controls the amount of rent charged for the use of residential property. This preemption has been in place for decades and applies uniformly across the state.

In practical terms, this means your landlord in Oregon may raise your rent by any dollar amount at any time, as long as proper notice is given before the increase takes effect. For month-to-month tenants, a rent increase requires at least 28 days' written notice under Wis. Stat. § 704.19. For tenants with a fixed-term lease, rent generally cannot be raised until the lease term ends or renews, unless the lease itself permits mid-term increases. There is no government agency or appeals process through which an Oregon renter can challenge the size of a rent increase.

3. Wisconsin State Tenant Protections That Apply in Oregon

Wisconsin's Wis. Stat. Chapter 704 provides several meaningful protections for renters in Oregon, even in the absence of local ordinances.

Security Deposits (Wis. Stat. § 704.28)
Wisconsin imposes no statutory cap on the amount a landlord may charge for a security deposit. 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 has received the tenant's forwarding address. Failure to comply entitles the tenant to recover double the amount wrongfully withheld, plus reasonable attorney's fees.

Habitability and Repairs (Wis. Stat. § 704.07)
Wisconsin landlords are required to maintain rental premises in a reasonable state of repair, comply with applicable building and housing codes, and keep essential services — including heat, plumbing, and electrical systems — in working order. After a tenant provides written notice of a defect, the landlord must repair it within a reasonable time. If the landlord fails to act, tenants may have the right to withhold rent, make repairs and deduct costs, or terminate the lease, depending on the severity of the condition and compliance with notice requirements under § 704.07.

Notice to Terminate a Month-to-Month Tenancy (Wis. Stat. § 704.19)
Either party wishing to end a month-to-month tenancy must provide at least 28 days' written notice before the next rent due date. Week-to-week tenancies require at least 5 days' notice. Fixed-term leases expire on their own terms without additional notice unless the lease specifies otherwise.

Anti-Retaliation Protection (Wis. Stat. § 704.45)
Landlords are prohibited from retaliating against tenants who report housing code violations to authorities, contact legal aid, or exercise any right protected by law. Wisconsin law creates a rebuttable presumption of retaliation if a landlord takes an adverse action — such as issuing a notice to vacate, raising rent, or reducing services — within six months of a tenant's protected activity. A tenant who prevails on a retaliation claim may recover actual damages and attorney's fees.

Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11)
Self-help eviction is illegal in Wisconsin. A landlord may not remove a tenant by changing locks, removing doors, shutting off utilities, or removing the tenant's belongings outside of the formal court eviction process. A tenant subjected to an unlawful lockout or utility shutoff may recover punitive damages of up to two months' rent, plus all actual damages sustained.

4. Security Deposit Rules in Oregon

Wisconsin's security deposit rules, found at Wis. Stat. § 704.28 and Wis. Admin. Code ATCP § 134, apply in full to rentals in Oregon, Wisconsin.

No Statutory Cap: Wisconsin law does not limit how much a landlord may charge as a security deposit. Landlords may also charge a nonrefundable fee separately from the security deposit, but the lease must clearly label it as nonrefundable.

21-Day Return Deadline: After a tenancy ends and the landlord receives the tenant's forwarding address, the landlord has 21 days to either return the full deposit or provide a written, itemized statement explaining any deductions, along with whatever balance remains. The 21-day clock begins on the later of: the date the tenant vacates, or the date the landlord receives the forwarding address.

Allowable Deductions: Under ATCP § 134.06, a landlord may only deduct for unpaid rent, actual physical damage to the unit beyond normal wear and tear, and other charges specifically authorized in the lease. Deductions for general cleaning or normal wear and tear are not permitted.

Penalty for Wrongful Withholding: If a landlord wrongfully withholds all or part of a security deposit, the tenant may sue and recover double the amount improperly withheld, plus reasonable attorney's fees, under Wis. Stat. § 704.28(4). Tenants may file a small claims action in Dane County Circuit Court for amounts up to $10,000.

5. Eviction Process and Your Rights in Oregon

Evictions in Oregon, Wisconsin are governed by Wis. Stat. Chapter 799 (small claims procedure) and Wis. Stat. §§ 704.17–704.21. Landlords must follow the formal court process — there are no shortcuts.

Step 1 — Written Notice: Before filing in court, the landlord must provide the tenant with written notice. The type and length of notice depend on the reason for eviction:

• Nonpayment of Rent: 5-day written notice to pay rent or vacate (Wis. Stat. § 704.17(2)).
• Lease Violations (other than nonpayment): 5-day notice to cure or vacate for the first violation in a 12-month period; if the same violation recurs within 12 months, the landlord may issue a 14-day unconditional notice to vacate.
• Month-to-Month Termination (No Fault): 28 days' written notice before the next rent due date, as required by Wis. Stat. § 704.19.

Step 2 — Filing the Eviction Action: If the tenant does not comply with the notice, the landlord may file a small claims eviction action in Dane County Circuit Court. Oregon is in Dane County, so filings go to the Dane County Courthouse in Madison. A filing fee is required at the time of submission.

Step 3 — Court Hearing: The court schedules a hearing, typically within 8–30 days of filing. The tenant has the right to appear, present a defense, and contest the eviction. Common defenses include improper notice, retaliation, or habitability failures by the landlord.

Step 4 — Writ of Restitution: If the court rules in the landlord's favor, the court issues a writ of restitution. Only a sheriff or court officer may enforce the writ and physically remove the tenant — the landlord may not do so independently.

Self-Help Eviction is Illegal: Under Wis. Stat. § 704.11, a landlord who locks out a tenant, removes belongings, shuts off utilities, or otherwise attempts to force a tenant out without a court order faces liability for punitive damages of up to two months' rent plus all actual damages the tenant suffered.

No Just-Cause Requirement: Wisconsin law and Oregon's local rules do not require a landlord to have just cause to terminate a month-to-month tenancy. The landlord need only provide proper 28-day notice.

6. Resources for Oregon Tenants

• Legal Action of Wisconsin — Free civil legal aid for low-income residents of southern Wisconsin, including Dane County. Handles eviction defense, security deposit disputes, and other housing matters.
• Tenant Resource Center – Madison — Provides free tenant counseling, lease review assistance, and referrals for renters in the Madison area and surrounding Dane County communities including Oregon.
• Wisconsin Judicare — Free civil legal services for low-income residents of northern and central Wisconsin; also maintains statewide resources and referral networks for housing issues.
• Legal Aid Society of Milwaukee — Primarily serves Milwaukee County, but maintains statewide tenant rights resources and can provide referrals for Wisconsin renters outside its service area.
• Wisconsin Dept. of Agriculture, Trade & Consumer Protection (DATCP) — Administers Wis. Admin. Code ATCP Ch. 134 (residential tenancies). Accepts written complaints about security deposit violations and other landlord-tenant disputes statewide.

Frequently Asked Questions