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Portage is the county seat of Columbia County, Wisconsin, a small city of roughly 10,000 residents situated along the Wisconsin River between Madison and Wisconsin Dells. While much of the local housing stock consists of single-family rentals and small multi-unit buildings, renters in Portage face the same core legal framework as all Wisconsin tenants: a detailed set of protections under Wis. Stat. § 704, the state's primary landlord-tenant statute.
Portage has not enacted any local tenant protections or rent control ordinances, and under Wisconsin law it legally cannot — the state prohibits municipalities from regulating rents. That means questions Portage renters most frequently have — such as how much a landlord can raise rent, how long a landlord has to return a security deposit, and what steps a landlord must take before evicting a tenant — are all answered exclusively by Wisconsin state law.
This guide explains those state-law protections in plain language, with specific statute citations, so Portage renters know their rights. It is provided for informational purposes only and does not constitute legal advice. If you are facing eviction or a housing dispute, contact a qualified attorney or legal aid organization.
Portage has no rent control, and Wisconsin law makes that permanent. Under Wis. Stat. § 66.1015, no city, village, town, or county in Wisconsin may enact an ordinance that controls or limits the amount of rent a landlord charges for residential property. This is a statewide preemption, meaning even if the Portage City Council wanted to adopt rent stabilization, it would be unlawful under state law.
In practical terms, a landlord in Portage can raise your rent by any amount — there is no percentage cap, no inflation index, and no required reason. The only protection renters have is the notice requirement: for a month-to-month tenancy, the landlord must provide at least 28 days' written notice before a rent increase takes effect (Wis. Stat. § 704.19). For a fixed-term lease, the rent is locked in for the lease term and cannot be raised until renewal. Tenants who feel a rent increase is retaliatory may have a separate claim under Wis. Stat. § 704.45, but there is no mechanism to challenge an increase simply because it is large.
Wisconsin's landlord-tenant statute, Wis. Stat. § 704, provides a detailed set of protections that apply to every rental in Portage.
Habitability & Repairs (Wis. Stat. § 704.07): Landlords must keep the rental premises in a reasonable state of repair and comply with applicable housing codes affecting health and safety. After a tenant provides written notice of a defective condition, the landlord has a reasonable time to make repairs. If repairs are not made, tenants may have remedies including rent withholding, rent abatement, or lease termination depending on the severity of the defect. Tenants must not negligently or intentionally damage the property and must keep their unit in a reasonably clean condition.
Notice to Terminate (Wis. Stat. § 704.19): A landlord must give at least 28 days' written notice to terminate a month-to-month tenancy. The notice must specify the date of termination and be delivered properly. Tenants must give the same 28-day written notice if they choose to vacate. Many landlords use 30-day notices — both 28 and 30 days are legally sufficient.
Anti-Retaliation Protection (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting housing code violations to a government authority, complaining about habitability, or exercising any other legal tenant right. If a landlord takes an adverse action — such as raising rent, refusing to renew, or beginning eviction — within 6 months of a protected act, the law creates a rebuttable presumption that the action is retaliatory. A tenant who prevails on a retaliation claim may recover actual damages and attorney's fees.
Lockout & Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord who changes locks, removes doors or windows, shuts off utilities, or otherwise attempts to remove a tenant without going through the court process is subject to punitive damages of up to 2 months' rent plus the tenant's actual damages and attorney's fees. Tenants subjected to an illegal lockout should document the situation and contact law enforcement or a legal aid organization immediately.
Wisconsin Admin. Code ATCP 134: The Wisconsin Department of Agriculture, Trade and Consumer Protection administers rules under ATCP 134 that govern rental practices statewide, including disclosure requirements, prohibited lease terms, and security deposit rules. Violations of ATCP 134 may give rise to claims under Wisconsin's consumer protection statutes.
Wisconsin law provides clear rules on security deposits that apply to every Portage rental unit, governed primarily by Wis. Stat. § 704.28 and Wis. Admin. Code ATCP 134.06.
No Statutory Cap: Wisconsin does not limit how much a landlord can charge for a security deposit. A landlord in Portage may request any deposit amount they choose, though market competition generally keeps deposits at one to two months' rent.
21-Day Return Deadline: After a tenant vacates, the landlord must return the full deposit — or the remaining balance along with a written, itemized statement of deductions — within 21 days of the tenant's move-out date (Wis. Stat. § 704.28(3)). The itemized statement must describe each deduction in reasonable detail and provide cost information. The deadline is 21 days or the date the landlord delivers an accounting, whichever comes first.
Permissible Deductions: Under ATCP 134.06(3), landlords may deduct for unpaid rent, damage beyond normal wear and tear, and other charges specifically authorized by the rental agreement. Normal wear and tear — such as minor scuffs, faded paint, or carpet worn from ordinary use — cannot be charged to the tenant.
Penalty for Wrongful Withholding: If a landlord wrongfully withholds any portion of the deposit, the tenant is entitled to double the amount improperly withheld, plus the tenant's actual damages and reasonable attorney's fees (Wis. Stat. § 704.28(4)). Tenants should document the unit's condition with dated photographs at both move-in and move-out and provide a forwarding address in writing to start the 21-day clock.
In Portage, a landlord must follow Wisconsin's formal eviction process — governed by Wis. Stat. §§ 704.17, 704.19, and 799.40–799.44 — and may not use any self-help method to remove a tenant.
Step 1 — Written Notice: Before filing for eviction, the landlord must serve a proper written notice. The type and length of notice depends on the reason:
Step 2 — Eviction Complaint: If the tenant does not comply with the notice, the landlord may file an eviction (small claims) complaint in Columbia County Circuit Court. The tenant is served with a summons and has the right to appear and contest the eviction at a hearing.
Step 3 — Court Hearing: The court schedules a hearing, typically within a few weeks of filing. Tenants should attend and present any defenses — including improper notice, habitability issues, or retaliation. If the court rules for the landlord, a judgment for eviction is entered.
Step 4 — Writ of Restitution: After judgment, the landlord may obtain a Writ of Restitution, which authorizes the sheriff to physically remove the tenant. Tenants generally have a short period after the writ issues before removal is carried out.
No Just Cause Required: Wisconsin does not require landlords to state a reason for non-renewing a lease or terminating a month-to-month tenancy, as long as proper notice is given. There is no just-cause eviction law in Portage or at the state level.
Self-Help Eviction is Illegal: A landlord who locks out a tenant, removes belongings, shuts off utilities, or otherwise forces a tenant out without a court order violates Wis. Stat. § 704.11 and may owe the tenant punitive damages of up to 2 months' rent plus actual damages.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws can change, and the application of any law depends on the specific facts of your situation. For advice about your particular circumstances, consult a licensed Wisconsin attorney or contact a qualified legal aid organization. RentCheckMe makes no warranties about the accuracy or completeness of this information and is not responsible for any action taken in reliance on it.
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