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Sussex is a village in Waukesha County, Wisconsin, located about 20 miles northwest of Milwaukee. While Sussex is primarily a suburban community, many residents rent homes, apartments, and condominiums, and those renters are governed entirely by Wisconsin state landlord-tenant law found in Wis. Stat. § 704. The Village of Sussex has enacted no local tenant protection ordinances beyond what the state provides.
The most common questions Sussex renters have involve security deposit returns, rent increases, and what happens when a landlord fails to make repairs. Wisconsin law addresses each of these with specific rules and deadlines, giving tenants concrete rights and remedies — but rent control is not among them. State law explicitly forbids any municipality from enacting rent control, meaning landlords in Sussex may raise rent by any amount with proper advance notice.
This page summarizes the tenant rights that apply in Sussex under Wisconsin law. It is intended for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed Wisconsin attorney or contact a local legal aid organization.
Sussex has no rent control ordinance, and it is legally prohibited from enacting one. Wisconsin state law, under Wis. Stat. § 66.1015, explicitly preempts local governments — including villages like Sussex — from regulating rents on private residential property. This prohibition has been in place since 1981 and applies to every municipality in the state.
In practical terms, this means your landlord in Sussex can raise your rent by any dollar amount at the end of a lease term or, for month-to-month tenancies, with at least 28 days' written notice as required by Wis. Stat. § 704.19. There is no cap on how much rent can increase, and no process for contesting a rent increase simply because it seems unreasonable. Your strongest protection against unwanted rent increases is a fixed-term lease, which locks in your rent for the duration of the lease period.
Although Sussex has no local tenant ordinances, Wisconsin's statewide landlord-tenant statutes under Wis. Stat. § 704 provide meaningful protections in several key areas:
Security Deposits (Wis. Stat. § 704.28): Wisconsin imposes no statutory cap on the amount a landlord may charge as a security deposit. However, landlords must return the deposit — along with a written, itemized statement of any deductions — within 21 days of the tenant vacating the unit and returning the keys. If a landlord wrongfully withholds any portion of the deposit, the tenant is entitled to recover double the amount improperly withheld, plus reasonable attorney's fees, in a civil action.
Habitability & Repairs (Wis. Stat. § 704.07): Wisconsin landlords are required to maintain rental units in a reasonable state of repair and in compliance with applicable housing codes. After a tenant provides written notice of a needed repair, the landlord must address it within a reasonable time. If the landlord fails to act and the condition materially affects health or safety, the tenant may have the right to withhold rent, make the repair and deduct the cost from rent, or terminate the lease — depending on circumstances and whether proper procedures are followed.
Notice to Terminate Month-to-Month Tenancies (Wis. Stat. § 704.19): A landlord must give a month-to-month tenant at least 28 days' written notice before terminating the tenancy. The tenant must provide the same notice to terminate. This applies in the absence of a fixed-term lease.
Anti-Retaliation (Wis. Stat. § 704.45): Landlords are prohibited from retaliating against tenants who report housing code violations, contact inspectors, join tenant unions, or exercise any other legal right. Wisconsin law creates a rebuttable presumption of retaliation if a landlord takes an adverse action — such as raising rent, reducing services, or filing for eviction — within 6 months of a protected act by the tenant.
Lockout Prohibition (Wis. Stat. § 704.11): Self-help eviction is illegal in Wisconsin. A landlord who changes the locks, removes doors or windows, shuts off utilities, or otherwise attempts to force a tenant out without going through the court process is liable for punitive damages of up to 2 months' rent, plus the tenant's actual damages and attorney's fees.
Wisconsin law does not set a maximum limit on the security deposit a landlord in Sussex may charge — there is no statutory cap under Wis. Stat. § 704.28 or any local ordinance. Landlords are legally permitted to ask for whatever amount they deem appropriate, though market norms in the suburban Milwaukee area typically range from one to two months' rent.
After a tenant moves out and returns possession of the unit, the landlord has exactly 21 days to either return the full deposit or send a written, itemized statement explaining each deduction along with any remaining balance. The 21-day clock starts when the tenant vacates and surrenders the keys (Wis. Stat. § 704.28(3)).
Permissible deductions include unpaid rent, damage beyond normal wear and tear, and certain other costs if properly disclosed in the rental agreement. Deductions for normal wear and tear — such as minor scuffs, carpet aging, or faded paint — are not permitted under Wisconsin law.
If a landlord fails to return the deposit on time or makes improper deductions, the tenant may sue in small claims court. A successful claim entitles the tenant to double the amount wrongfully withheld, plus court costs and reasonable attorney's fees (Wis. Stat. § 704.28(4)). Tenants should document the unit's condition at move-in and move-out with photographs and written records.
Evictions in Sussex follow the Wisconsin state eviction process governed by Wis. Stat. § 799 (small claims procedure) and Wis. Stat. § 704 (landlord-tenant law). Wisconsin does not require just cause to evict a tenant at the end of a lease term or after proper notice on a month-to-month tenancy.
Step 1 — Written Notice: Before filing for eviction in court, a landlord must serve the tenant with proper written notice. The type and duration of notice depends on the reason:
Step 2 — Court Filing: If the tenant does not comply with the notice, the landlord may file an eviction (forcible entry and detainer) action in Waukesha County Circuit Court, Small Claims Division. The filing fee is paid by the landlord, and the court schedules a hearing.
Step 3 — Hearing: Both parties appear before a court commissioner or judge. The tenant has the right to present a defense. If the court rules in the landlord's favor, a judgment for eviction is entered.
Step 4 — Writ of Restitution: After judgment, the court issues a Writ of Restitution, which authorizes the sheriff to physically remove the tenant if they have not vacated. Under Wis. Stat. § 799.44, the tenant typically has a brief period after the writ issues before enforcement.
Self-Help Eviction Is Illegal: A landlord in Sussex cannot lock out a tenant, shut off utilities, remove belongings, or take any other extrajudicial action to force a tenant out. Doing so violates Wis. Stat. § 704.11 and exposes the landlord to punitive damages of up to 2 months' rent plus the tenant's actual damages and attorney's fees.
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. RentCheckMe makes no guarantees about the accuracy or completeness of this information. If you have a legal dispute with your landlord or need advice about your specific circumstances, please consult a licensed Wisconsin attorney or contact a legal aid organization in your area. Do not rely solely on this page when making legal decisions.
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