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Waupun is a small city in Dodge County, Wisconsin, home to approximately 11,000 residents. While smaller than Wisconsin's major urban centers, Waupun has a notable renter population, and many tenants seek clear answers about their rights when facing rent increases, security deposit disputes, or eviction proceedings.
Wisconsin's landlord-tenant law, codified primarily in Wis. Stat. § 704, provides meaningful baseline protections for all renters in the state — including those in Waupun. These protections cover security deposit returns, habitability obligations, eviction notice requirements, and prohibitions on self-help eviction tactics. Waupun has not enacted any local ordinances beyond these state standards, so Wisconsin law is the governing framework for renters here.
This page summarizes the key laws affecting Waupun renters in plain language. 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 specific to your situation.
Waupun has no rent control, and Wisconsin state law makes that permanent for every city and municipality in the state. Wis. Stat. § 66.1015 explicitly prohibits local governments from enacting any ordinance or resolution that controls the amount of rent charged for private residential housing. This preemption applies statewide — no Wisconsin city, town, or county can adopt rent stabilization or rent control of any kind.
In practical terms, this means a landlord in Waupun may raise your rent by any amount, at any time, as long as they provide the legally required advance written notice. 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, rent cannot be raised until the lease expires unless the lease itself permits mid-term increases.
While there is no cap on how much rent can be increased, landlords cannot raise rent in retaliation for a tenant exercising a legal right — such as reporting a housing code violation. Retaliatory rent increases are prohibited under Wis. Stat. § 704.45. If you believe a rent increase is retaliatory, documentation of the timeline is critical.
Wisconsin's landlord-tenant statutes under Wis. Stat. Chapter 704 establish several important protections that apply to every renter in Waupun.
Security Deposits (Wis. Stat. § 704.28): Wisconsin does not cap the amount a landlord may charge for 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. If a landlord wrongfully withholds any portion of the deposit, the tenant is entitled to double the improperly withheld amount plus reasonable attorney's fees.
Habitability and Repairs (Wis. Stat. § 704.07): Wisconsin landlords are required to maintain the rental unit in a reasonable state of repair and in compliance with applicable housing codes. If a landlord fails to make necessary repairs after receiving written notice, tenants may have remedies including rent withholding or lease termination, depending on the severity of the defect. The landlord is generally given a reasonable period of time to complete repairs after notice.
Notice to Terminate Tenancy (Wis. Stat. § 704.19): For month-to-month tenancies, a landlord must provide at least 28 days' written notice before terminating the rental agreement. Tenants must provide the same notice to vacate. For fixed-term leases, the lease terms govern the end of tenancy unless the landlord has grounds for earlier termination.
Anti-Retaliation (Wis. Stat. § 704.45): Landlords are prohibited from retaliating against tenants who report housing code violations, contact a government agency about conditions, or exercise 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 beginning 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 may not remove a tenant from the premises by changing locks, removing doors, shutting off utilities, or removing the tenant's personal property without a court order. Violations entitle the tenant to punitive damages of up to 2 months' rent plus actual damages.
Wisconsin law governs security deposits for Waupun renters under Wis. Stat. § 704.28. There is no statutory cap on the amount a landlord may charge as a security deposit, so a landlord in Waupun may request any amount they choose at the start of the tenancy.
After a tenant moves out, the landlord has 21 days to either return the full deposit or provide the tenant with a written, itemized statement explaining each deduction, along with any remaining balance. The 21-day clock begins when the tenant vacates the premises. Allowable deductions generally include unpaid rent, damage beyond normal wear and tear, and certain costs outlined in the lease.
If a landlord fails to return the deposit or provide the required itemized statement within 21 days, or if they make deductions that are not legally permitted, the tenant may sue for double the amount wrongfully withheld, plus reasonable attorney's fees. Wisconsin's administrative code, specifically ATCP 134 (administered by the Wisconsin Department of Agriculture, Trade and Consumer Protection), provides additional detailed rules on what landlords may and may not deduct and how the deposit must be handled. Tenants should document the condition of the unit at move-in and move-out with dated photos to protect their deposit rights.
Evictions in Waupun follow the procedures established under Wis. Stat. Chapter 799 (small claims court procedure) and Wis. Stat. § 704.17 (notice requirements). Wisconsin does not require a landlord to have just cause to terminate a tenancy at the end of a lease term or after proper notice on a month-to-month tenancy — but landlords must follow every procedural step or the eviction will not be valid.
Step 1 — Written Notice: Before filing for eviction, the landlord must serve the tenant with the appropriate written notice. For nonpayment of rent, the landlord must provide a 5-day notice to pay or vacate (Wis. Stat. § 704.17(2)). For lease violations other than nonpayment, the notice period may be 5 days (for tenancies under 2 years) or longer depending on the circumstances. For no-fault termination of a month-to-month tenancy, at least 28 days' notice is required (Wis. Stat. § 704.19).
Step 2 — Filing in Small Claims Court: If the tenant does not comply with the notice, the landlord may file an eviction action (called an eviction summons and complaint) in Dodge County Circuit Court small claims division. Filing fees apply. The tenant will be served with a summons and a hearing date.
Step 3 — Court Hearing: Both parties appear before a judge or court commissioner. The tenant has the right to present defenses, such as that the landlord failed to maintain habitability or that the eviction is retaliatory under Wis. Stat. § 704.45. If the court rules in the landlord's favor, a writ of restitution is issued.
Step 4 — Writ of Restitution: After the court enters a judgment for the landlord and issues a writ, the Sheriff's office enforces the removal. The tenant typically has a brief period after the writ is issued before physical removal occurs.
Self-Help Eviction Is Illegal: Under Wis. Stat. § 704.11, a landlord may never lock out, remove belongings, or shut off utilities to force a tenant out without a court order. Doing so entitles the tenant to punitive damages of up to 2 months' rent plus actual damages.
This page is provided for informational purposes only and does not constitute legal advice. The information here reflects Wisconsin law and Waupun-specific context as of April 2026, but laws and local regulations can change. Individual circumstances vary, and this summary may not address every situation. Renters with specific legal questions or who are facing eviction, deposit disputes, or other housing issues should consult a qualified attorney or contact a legal aid organization in Wisconsin. RentCheckMe is not a law firm and cannot provide legal representation or advice.
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