Tenant Rights in River Falls, Wisconsin

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1. Overview: Tenant Rights in River Falls

River Falls is a mid-sized city in Pierce County in western Wisconsin, home to the University of Wisconsin–River Falls and a significant student and young-professional renter population. The local rental market is shaped largely by the academic calendar, and many tenants are first-time renters who may be unfamiliar with their rights under state law.

Wisconsin's primary landlord-tenant statute, Wis. Stat. § 704, governs almost every aspect of the rental relationship in River Falls — from security deposit returns and habitability obligations to eviction procedures and anti-retaliation protections. Because River Falls has enacted no local ordinances beyond state law, Wis. Stat. § 704 and the Wisconsin Administrative Code (ATCP 134) are the two frameworks tenants here most need to understand.

This page summarizes the tenant rights that apply to River Falls renters as of April 2026. It is provided for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary — consult a qualified attorney or legal aid organization for guidance on your specific situation.

2. Does River Falls Have Rent Control?

Rent Control Status: Prohibited by State Law

River Falls has no rent control, and it cannot enact any. Wisconsin state law explicitly bars local governments — including cities, villages, and counties — from adopting ordinances that control or limit the amount of rent a landlord may charge. The controlling statute is Wis. Stat. § 66.1015, which states that no local governmental unit may enact, maintain, or enforce an ordinance or resolution that controls the amount of rent charged for the use of a residential dwelling unit.

In practical terms, this means River Falls landlords may 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 rent increases, no requirement that increases be tied to inflation, and no city agency that oversees rent levels. Tenants who receive a rent-increase notice they cannot afford have two primary options: negotiate with the landlord or exercise their right to terminate the tenancy with proper notice.

3. Wisconsin State Tenant Protections That Apply in River Falls

Wisconsin's landlord-tenant law (Wis. Stat. § 704) and the Wisconsin Department of Agriculture, Trade and Consumer Protection's administrative rules (Wis. Admin. Code ATCP 134) together provide River Falls tenants with several meaningful protections.

Habitability and Repairs (Wis. Stat. § 704.07)
Landlords in Wisconsin must keep rental premises in a reasonable state of repair and comply with local housing and building codes. If a condition materially affects health or safety, the tenant must notify the landlord in writing, and the landlord then has a reasonable time to make repairs. If the landlord fails to act, tenants may have the right to withhold rent, hire a contractor and deduct costs, or terminate the lease — depending on the severity of the defect. Tenants cannot waive this protection through the lease.

Security Deposits (Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06)
There is no statutory cap on the security deposit amount a landlord may collect in Wisconsin. However, landlords must return the deposit — along with a written, itemized statement of any deductions — within 21 days of the tenant vacating the unit. Wrongful withholding entitles the tenant to recover double the improperly withheld amount plus reasonable attorney's fees.

Notice to Terminate Month-to-Month Tenancy (Wis. Stat. § 704.19)
A landlord wishing to terminate a month-to-month tenancy must provide the tenant with at least 28 days' written notice before the end of the rental period. Many landlords round up to 30 days; both satisfy the statute. Tenants terminating a month-to-month tenancy must give the same 28-day notice.

Anti-Retaliation Protection (Wis. Stat. § 704.45)
A landlord may not retaliate against a tenant for reporting code violations, requesting repairs, or exercising any legal right. Wisconsin law creates a rebuttable presumption of retaliation if a landlord takes an adverse action — such as raising rent, reducing services, or initiating eviction — within six months of a protected act. If the presumption applies, the burden shifts to the landlord to show a legitimate non-retaliatory reason.

Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11)
Self-help eviction is illegal in Wisconsin. A landlord who locks out a tenant, removes their belongings, or shuts off utilities without going through the court process is liable for punitive damages of up to two months' rent, plus actual damages and attorney's fees. Tenants subjected to a lockout may seek immediate relief in court.

4. Security Deposit Rules in River Falls

No Statutory Cap
Wisconsin law (Wis. Stat. § 704.28) does not limit how much a landlord in River Falls may collect as a security deposit. In practice, one to two months' rent is common, but a landlord may legally require more.

21-Day Return Deadline
After a tenant vacates, the landlord has 21 days to either return the full deposit or provide the tenant with a written, itemized statement of deductions along with the remaining balance, if any (Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06(2)). The 21-day clock typically begins when the tenant surrenders possession of the unit.

Permissible Deductions
Landlords may deduct only for unpaid rent, damage beyond normal wear and tear, and other charges explicitly authorized by the written lease. Routine cleaning or painting that would be necessary regardless of tenant conduct generally cannot be charged against the deposit (Wis. Admin. Code ATCP 134.06(3)).

Penalty for Wrongful Withholding
If a landlord wrongfully withholds any portion of the deposit — or fails to provide the required itemized statement within 21 days — the tenant is entitled to recover double the amount improperly withheld, plus court costs and reasonable attorney's fees (Wis. Stat. § 704.28(5)). Tenants should document the unit's condition at move-in and move-out with photographs and written records to support any claim.

5. Eviction Process and Your Rights in River Falls

Evictions in River Falls follow the procedure established by Wis. Stat. §§ 704.17–704.21 and Wis. Stat. § 799 (small claims procedure). Landlords must follow every step; shortcuts are illegal.

Step 1 — Written Notice
Before filing in court, the landlord must serve the appropriate written notice:
• 5-Day Notice to Pay or Vacate: For nonpayment of rent (Wis. Stat. § 704.17(2)(a)).
• 5-Day Notice to Cure or Vacate: For a curable lease violation by a month-to-month tenant (Wis. Stat. § 704.17(2)(b)).
• 14-Day Unconditional Notice: For a second or incurable violation within 12 months (Wis. Stat. § 704.17(2)(b)).
• 28-Day Notice: To terminate a month-to-month tenancy without cause (Wis. Stat. § 704.19).

Step 2 — Filing an Eviction Lawsuit
If the tenant does not comply or vacate by the deadline in the notice, the landlord may file an eviction action (Wis. Stat. § 799.40) in Pierce County Circuit Court or a local small claims court. The tenant is served with a summons and must appear at the initial hearing.

Step 3 — Court Hearing
At the hearing, both parties may present evidence. If the court rules in the landlord's favor, it issues a judgment for eviction. The tenant typically has a brief period — often five business days — to vacate voluntarily before a writ of restitution is issued.

Step 4 — Writ of Restitution and Sheriff Enforcement
Only a court-issued writ of restitution authorizes removal of a tenant. A Pierce County sheriff's deputy carries out the actual eviction. A landlord who attempts to remove a tenant without a writ commits an illegal self-help eviction.

Self-Help Eviction Is Illegal
Under Wis. Stat. § 704.11, a landlord who locks out a tenant, removes their belongings, or shuts off utilities as a method of forcing them to leave is liable for punitive damages up to two months' rent, plus actual damages and attorney's fees. Tenants facing a lockout should call local law enforcement and contact a legal aid organization immediately.

No Just-Cause Requirement
Wisconsin law does not require a landlord to have a stated reason to decline to renew a lease or to terminate a month-to-month tenancy, provided proper notice is given. River Falls has no local just-cause ordinance.

6. Resources for River Falls Tenants

• Legal Action of Wisconsin — Free civil legal aid for low-income residents throughout Wisconsin, with offices in multiple locations. Handles housing, eviction defense, and security deposit disputes. River Falls tenants in the western part of the state may be served through the organization's regional intake.
• Wisconsin Judicare — Free civil legal services for low-income residents of northern and central Wisconsin, including housing and landlord-tenant cases. Covers areas including Pierce County.
• Tenant Resource Center – Madison — Provides free tenant counseling, education, and referrals to renters across Wisconsin. Their online resources and helpline are accessible to River Falls renters statewide.
• Legal Aid Society of Milwaukee — Free legal help for low-income residents, primarily in Milwaukee County; useful as a referral point and for statewide housing law resources.
• Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) — Administers Wis. Admin. Code ATCP 134 governing residential tenancies. Accepts consumer complaints about landlord violations of security deposit and disclosure rules.
• Wisconsin Court System — Self-Help Center — Official court website with forms, procedural guides, and information on small claims and eviction proceedings in Pierce County Circuit Court.

Frequently Asked Questions