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Port Washington is a lakeside city in Ozaukee County, Wisconsin, located about 25 miles north of Milwaukee along Lake Michigan. While smaller than major Wisconsin metros, Port Washington has an active rental market driven by its historic downtown, scenic waterfront, and proximity to the Milwaukee metro area. Renters here rely on Wisconsin state law for all landlord-tenant protections, as the city has enacted no local housing ordinances beyond what the state requires.
Wisconsin's landlord-tenant statutes (primarily Wis. Stat. Ch. 704) are among the more detailed in the Midwest, providing renters with meaningful protections on security deposits, habitability, eviction procedures, and retaliation. Port Washington tenants most commonly search for information on security deposit returns, how much notice a landlord must give before ending a tenancy, and what to do when a landlord fails to make repairs.
This page summarizes the key laws that apply to Port Washington renters as of April 2026. It is provided for informational purposes only and does not constitute legal advice. Laws change, and individual situations vary — if you have a specific legal problem, consult a licensed attorney or contact a legal aid organization.
Port Washington has no rent control, and Wisconsin state law makes it impossible for any city, village, or county in the state to enact one. Wis. Stat. § 66.1015 explicitly preempts local governments from regulating the amount of rent a landlord may charge or increase. This prohibition applies statewide — no Wisconsin municipality, including Port Washington, has the legal authority to cap rent increases or limit how much a landlord charges for a unit.
In practical terms, this means your landlord in Port Washington can raise your rent by any dollar amount — there is no percentage cap, no inflation index, and no required justification for the increase. The only constraint is procedural: landlords must provide proper written notice before a rent increase takes effect. For month-to-month tenants, that means at least 28 days' written notice under Wis. Stat. § 704.19. For tenants with a fixed-term lease, rent generally cannot be increased until the lease expires unless the lease itself allows mid-term increases.
Because there is no rent stabilization at any level of government in Wisconsin, Port Washington renters have no avenue to challenge a rent increase as excessive — the remedy for an unaffordable increase is to negotiate with the landlord, decline to renew, or seek more affordable housing. Staying informed about your other rights under Wis. Stat. Ch. 704 is the best tool available.
Wisconsin's landlord-tenant law (Wis. Stat. Ch. 704) provides Port Washington renters with a solid set of baseline protections. Below are the most important protections and the specific statutes that establish them.
Habitability and Repairs (Wis. Stat. § 704.07): Wisconsin landlords are legally required to maintain rental units in a reasonable state of repair and in compliance with all applicable housing codes affecting health and safety. This includes keeping structural components, plumbing, heating, and electrical systems in working order. If a landlord fails to make a necessary repair after receiving written notice, tenants may have the right to withhold rent, repair and deduct costs, or terminate the lease — depending on the severity of the condition and the landlord's failure to respond within a reasonable time.
Security Deposit Rules (Wis. Stat. § 704.28): Landlords must return the security deposit — along with an itemized written statement of any deductions — within 21 days of the tenant vacating the unit. Deductions are limited to specific allowable reasons such as unpaid rent, damage beyond normal wear and tear, and certain other costs specified in the lease. Wrongful withholding entitles the tenant to recover double the amount improperly withheld plus reasonable attorney's fees.
Notice Requirements (Wis. Stat. § 704.19): To terminate a month-to-month tenancy, a landlord must provide the tenant with at least 28 days' written notice before the end of a rental period. Tenants wishing to end a month-to-month tenancy must provide the same notice to the landlord. For fixed-term leases, the lease terms control, but landlords generally cannot terminate early without cause.
Anti-Retaliation Protection (Wis. Stat. § 704.45): It is unlawful for a landlord to retaliate against a tenant for reporting housing code violations to a government agency, for complaining to the landlord about habitability issues, or for exercising any other legal right as a tenant. Under Wisconsin law, if a landlord takes adverse action — such as raising rent, reducing services, or initiating eviction — within six months of a protected act by the tenant, there is a rebuttable presumption that the action was retaliatory. A tenant who successfully establishes retaliation may recover actual and punitive damages.
Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord may not remove a tenant's belongings, change the locks, or intentionally shut off utilities in order to force the tenant out without going through the formal court eviction process. A tenant who is illegally locked out is entitled to recover punitive damages of up to two months' rent plus actual damages and attorney's fees.
Wisconsin law governs all aspects of security deposits for Port Washington rentals. There is no statutory cap on the amount a landlord may charge as a security deposit — a landlord may charge one month's rent, two months' rent, or any other amount, as long as it is disclosed in the rental agreement.
Under Wis. Stat. § 704.28, after a tenancy ends and the tenant vacates the unit, the landlord has 21 days to either return the full deposit or mail the tenant a written, itemized statement of deductions along with any remaining balance. The 21-day clock begins when the tenant vacates and returns the keys (or when the lease ends, whichever is later).
Allowable deductions include unpaid rent, damage to the property beyond normal wear and tear, certain utility charges the tenant was responsible for, and other costs specifically authorized in the written rental agreement. Deductions for ordinary wear and tear — such as minor scuffs on walls, carpet worn from normal use, or faded paint — are not permitted under Wisconsin law.
If a landlord wrongfully withholds any portion of the deposit — either by failing to return it within 21 days or by making deductions that are not legally permitted — the tenant is entitled to recover twice the amount wrongfully withheld, plus reasonable attorney's fees, under Wis. Stat. § 704.28(4). To protect their rights, tenants should document the condition of the unit thoroughly at move-in and move-out, ideally with dated photographs and written records.
Wisconsin Administrative Code ATCP 134 also sets detailed requirements for how landlords must handle and account for security deposits, including restrictions on what may be charged and requirements for disclosing pre-existing conditions in writing at move-in.
Wisconsin landlords must follow a specific legal process to evict a tenant. Self-help eviction — including changing the locks, removing belongings, or shutting off utilities — is illegal under Wis. Stat. § 704.11 and exposes the landlord to liability for punitive damages up to two months' rent plus actual damages.
Step 1 — Written Notice: Before filing for eviction in court, the landlord must serve the tenant with a written notice. The type and length of notice depends on the reason for eviction:
Step 2 — Filing an Eviction Action: If the tenant does not comply with the notice, the landlord may file an eviction (unlawful detainer) action in Ozaukee County Circuit Court or Small Claims Court. The tenant will be served with a summons and complaint and notified of a hearing date.
Step 3 — Court Hearing: Both parties appear before a court commissioner or judge. The tenant has the right to appear, present a defense, and challenge the eviction. Valid defenses may include payment of rent, improper notice, retaliatory eviction under Wis. Stat. § 704.45, or habitability issues under Wis. Stat. § 704.07.
Step 4 — Writ of Restitution: If the court rules in the landlord's favor, a writ of restitution is issued. This authorizes the sheriff to remove the tenant if they do not leave voluntarily. Only law enforcement may carry out a physical eviction — a landlord acting on their own is committing an illegal lockout.
Wisconsin does not have a statewide just cause eviction requirement for most residential tenancies. A landlord may choose not to renew a month-to-month lease without stating a reason, as long as proper 28-day notice is given — unless the non-renewal is retaliatory, which is prohibited under Wis. Stat. § 704.45.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and the application of any law depends on the specific facts of your situation. Nothing on this page creates an attorney-client relationship. If you have a specific legal problem — including an eviction, a security deposit dispute, or a habitability issue — you should consult a licensed Wisconsin attorney or contact a qualified legal aid organization. RentCheckMe makes no representations or warranties regarding the completeness or accuracy of this information and is not responsible for any actions taken in reliance on it.
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