Last updated: April 2026
Oshkosh renters are protected by Wisconsin's landlord-tenant law, which provides clear rules on security deposit returns, notice requirements, and prohibited landlord conduct. Here's what Winnebago County renters should know.
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Oshkosh is a city on Lake Winnebago in central Wisconsin with a large student and working-class renter population. Wisconsin's landlord-tenant law (Wis. Stat. § 704) governs all residential rentals in Oshkosh. The law is among the more detailed in the Midwest, covering security deposit returns, habitability obligations, termination notice requirements, retaliation protections, and lockout penalties.
There is no rent control in Oshkosh or anywhere in Wisconsin — it is prohibited by state law. Still, tenants have meaningful protections, particularly around deposit returns, repairs, and prohibited landlord conduct like lockouts and utility shutoffs.
Oshkosh has no rent control, and Wisconsin law prohibits local governments from enacting rent stabilization of any kind. Landlords may raise rent by any amount with proper written notice. For month-to-month tenants, Wisconsin law requires at least 28 days' written notice before the landlord terminates the tenancy (Wis. Stat. § 704.19) — many landlords use 30 days, which is also acceptable.
Wisconsin law requires Oshkosh landlords to maintain rental units in a reasonable state of repair and in compliance with applicable housing codes (Wis. Stat. § 704.07). After written notice of a needed repair, the landlord has a reasonable time to act. Depending on the severity of the issue, tenants may have the right to withhold rent or terminate the lease if the landlord fails to respond.
Retaliation is prohibited under Wis. Stat. § 704.45. If your landlord raises rent, reduces services, or initiates eviction within six months of a protected act — such as reporting a code violation or joining a tenant organization — there is a rebuttable presumption of retaliation. Self-help eviction is illegal under Wis. Stat. § 704.11. An unauthorized lockout entitles you to punitive damages of up to two months' rent plus actual damages.
Wisconsin has no statutory cap on security deposits, though a landlord must disclose any nonstandard rental provisions and give you a written checklist of the unit's condition at move-in. At move-out, the landlord must return your deposit with an itemized written statement of any deductions within 21 days (Wis. Stat. § 704.28).
If the landlord wrongfully withholds any portion of the deposit, you may be entitled to double the amount improperly withheld plus attorney's fees. Keep dated move-in and move-out photos, complete the check-in form carefully, and provide your forwarding address in writing to ensure the return clock starts on time.
Oshkosh landlords must follow Wisconsin's formal eviction process. For nonpayment of rent, a 5-day written notice to pay or vacate is required. For other lease violations, a 5-day notice to cure or vacate is standard. For month-to-month tenancies terminated without cause, the landlord must provide at least 28 days' written notice (Wis. Stat. § 704.19).
If you do not respond or vacate after the notice period, the landlord must file an eviction action in Winnebago County Circuit Court. You have the right to receive service, appear at the hearing, and raise any defenses. Only after the court issues an order and a writ of restitution is executed may you be removed. A landlord who attempts to remove you through self-help — by changing locks or shutting off utilities — violates Wis. Stat. § 704.11 and may owe you up to two months' rent in punitive damages plus actual damages.
Oshkosh renters can access free legal help through:
No. Oshkosh has no rent control, and Wisconsin law prohibits local governments from enacting rent caps. Landlords may raise rent by any amount with proper notice.
There is no limit on rent increases in Oshkosh. For month-to-month tenants, the landlord must give at least 28 days' written notice before terminating the tenancy, which effectively provides advance notice of significant rent changes (Wis. Stat. § 704.19).
21 days from move-out, with an itemized statement of any deductions (Wis. Stat. § 704.28). Wrongful withholding entitles you to double the withheld amount plus attorney's fees.
Nonpayment of rent: 5 days. Lease violations: 5 days to cure or vacate. Month-to-month tenancies terminated without cause: at least 28 days' written notice (Wis. Stat. § 704.19). A court order is required before removal.
No. Self-help eviction is illegal under Wis. Stat. § 704.11. An unauthorized lockout or utility shutoff can entitle you to punitive damages of up to two months' rent plus actual damages.
Provide written notice of the needed repair. Under Wis. Stat. § 704.07, the landlord has a reasonable time to act. If they don't, you may have the right to withhold rent or terminate the lease. Contact Legal Action of Wisconsin (legalaction.org) for guidance.
This article is for general informational purposes only and does not constitute legal advice. Laws and local ordinances may have changed since publication. For advice about your specific situation, consult a licensed attorney or contact Legal Action of Wisconsin.
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