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South Milwaukee is a city of roughly 21,000 residents in Milwaukee County, situated along the western shore of Lake Michigan just south of the City of Milwaukee. A significant share of South Milwaukee households are renters, and many turn to Wisconsin's landlord-tenant statutes for guidance on their rights regarding deposits, repairs, and eviction. Wisconsin Statute Chapter 704 is among the more detailed landlord-tenant frameworks in the Midwest and applies fully to South Milwaukee renters.
The most common questions South Milwaukee tenants ask involve security deposit returns, rent increases, and the eviction process. Because South Milwaukee has enacted no local housing ordinances beyond what state law requires, every protection you have as a renter comes from Wis. Stat. Ch. 704 and related statutes — along with Wisconsin Administrative Code ATCP 134, which governs landlord disclosures and deposit practices. Understanding these state rules is the first step to protecting yourself.
This page is intended as an informational resource only and does not constitute legal advice. Laws can change and individual circumstances vary — if you have a specific dispute with your landlord, contact a licensed Wisconsin attorney or one of the free legal aid organizations listed below.
South Milwaukee has no rent control, and Wisconsin law makes it impossible for any city or county in the state to enact one. Wis. Stat. § 66.1015 explicitly prohibits local governments from adopting ordinances, resolutions, or rules that control the amount of rent charged for private residential housing. This preemption applies statewide, meaning Milwaukee County and the City of South Milwaukee have no authority to limit how much a landlord may charge or increase rent.
In practical terms, a South Milwaukee landlord may raise your rent by any dollar amount, at any frequency, as long as they provide the legally required written notice before the increase takes effect. For month-to-month tenants, that notice period is at least 28 days under Wis. Stat. § 704.19. For tenants with a fixed-term lease, the landlord generally cannot raise rent until the lease expires — unless the lease itself permits mid-term increases. Once the lease ends and a new term begins, there is no cap on the new rate.
Because rent increases can be significant and are not regulated, South Milwaukee renters should review any lease renewal carefully, compare local market rates, and reach out to a legal aid organization if they believe a sudden increase is being used as a pretext for retaliation (which is separately prohibited under Wis. Stat. § 704.45).
Wisconsin's landlord-tenant law (Wis. Stat. Ch. 704) and the Wisconsin Administrative Code (ATCP 134) together provide South Milwaukee renters with a meaningful set of baseline protections. Below are the key areas covered.
Habitability and Repairs (Wis. Stat. § 704.07): Wisconsin landlords are required to maintain rental premises in a reasonable state of repair and in compliance with local housing codes. If a condition materially affects health or safety, the tenant must give the landlord written notice of the problem. The landlord then has a reasonable time to make repairs. If the landlord fails to act, the tenant may have the right to withhold a portion of rent, terminate the lease, or pursue other remedies — courts evaluate what is reasonable based on the severity of the defect and the time elapsed.
Anti-Retaliation (Wis. Stat. § 704.45): A landlord may not retaliate against a tenant for reporting code violations to a government agency, requesting legally required repairs, joining a tenant organization, or exercising any other legal right. If a landlord takes an adverse action — such as raising rent, reducing services, or commencing eviction — within six months of a protected act, Wisconsin law creates a rebuttable presumption that the action was retaliatory. Tenants who prevail on a retaliation claim may recover damages and attorney's fees.
Lockout and Utility Shutoff Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord cannot change the locks, remove doors or windows, shut off utilities, or otherwise attempt to force a tenant out without going through the formal court eviction process. A tenant who is subjected to an unlawful lockout is entitled to punitive damages of up to two months' rent, plus actual damages and attorney's fees.
Notice Requirements (Wis. Stat. § 704.19): For month-to-month tenancies, a landlord must provide at least 28 days' written notice to terminate the tenancy. The notice must specify the date of termination. For week-to-week tenancies, at least 7 days' notice is required. Fixed-term leases expire on their own terms; no additional notice is required unless the lease specifies otherwise.
Disclosure Requirements (Wis. Admin. Code ATCP 134): Before a tenancy begins, landlords must disclose any known significant defects, the name and address of the property owner, and details about the security deposit. Failure to make required disclosures can affect the landlord's ability to retain the deposit and may give rise to a claim under Wisconsin's consumer protection laws.
No Cap on Deposit Amount: Wisconsin does not impose a statutory limit on the amount a landlord may charge as a security deposit, so South Milwaukee landlords may set the deposit at any amount they choose. Tenants should negotiate the deposit amount before signing and confirm the figure in writing in the lease.
21-Day Return Deadline (Wis. Stat. § 704.28): After a tenant moves out, the landlord has 21 days to either return the full security deposit or provide the tenant with a written, itemized statement explaining any deductions, along with the remaining balance. The 21-day clock begins on the later of: the date the tenant vacates, or the date the tenant provides a forwarding address.
Permitted Deductions: Under Wis. Stat. § 704.28 and ATCP 134.06, a landlord may only deduct for unpaid rent, damage beyond normal wear and tear, and other specific charges permitted by the lease and disclosed to the tenant in advance. Normal wear and tear — minor scuffs, carpet wear from regular use, faded paint — cannot be charged to the tenant.
Penalty for Wrongful Withholding: If a landlord wrongfully withholds any portion of the security deposit — either by failing to return it within 21 days or by making impermissible deductions — the tenant is entitled to double the amount improperly withheld, plus reasonable attorney's fees, under Wis. Stat. § 704.28(4). Tenants should document the condition of the unit at move-in and move-out with dated photographs and written records to support any dispute.
Interest on Deposits: Wisconsin does not require landlords to pay interest on security deposits held during the tenancy.
South Milwaukee landlords must follow Wisconsin's formal court eviction process — there are no shortcuts. Self-help eviction (locking out a tenant, removing belongings, shutting off utilities) is illegal under Wis. Stat. § 704.11 and exposes the landlord to significant damages.
Step 1 — Written Notice: Before filing an eviction lawsuit, the landlord must serve a proper written notice on the tenant. The type and length of notice depend on the reason for eviction:
Step 2 — Filing the Eviction Action: If the tenant does not comply with the notice, the landlord may file an eviction (unlawful detainer) action in Milwaukee County Circuit Court or Small Claims Court. The tenant is served with a summons and complaint.
Step 3 — Court Hearing: The court schedules a hearing, typically within a few weeks of filing. Both the landlord and tenant may present evidence. Tenants have the right to appear, raise defenses, and challenge improper procedure. Common defenses include improper notice, retaliation, and the landlord's failure to maintain the premises 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. Only a sheriff or law enforcement officer may physically remove a tenant — never the landlord acting on their own. The tenant typically has a short period after the writ is issued to vacate before the sheriff enforces it.
No Just-Cause Requirement: Wisconsin does not require landlords to have just cause to decline to renew a month-to-month or fixed-term tenancy, as long as proper notice is given. South Milwaukee has enacted no local just-cause ordinance. Tenants facing non-renewal after exercising legal rights should consult an attorney about potential retaliation claims 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. Statutes cited reflect Wisconsin law as of April 2026 — always verify current law with an attorney or a qualified legal aid organization before taking action. If you have a dispute with your landlord, contact Legal Action of Wisconsin, the Legal Aid Society of Milwaukee, or another licensed attorney to get advice tailored to your circumstances. RentCheckMe is not a law firm and does not create an attorney-client relationship.
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