Waukesha is a city in Waukesha County, located in the Milwaukee metropolitan area. Renters here are governed by Wisconsin's comprehensive landlord-tenant statutes (Wis. Stat. § 704), which address security deposits, notice requirements, habitability obligations, retaliation protections, and eviction procedures. Waukesha has no local rent control ordinance, and Wisconsin law prohibits all local governments from enacting one.
While landlords in Waukesha may charge what the market will bear and raise rents without limit, Wisconsin's protections for deposit returns, habitability, and lockout prevention give tenants solid legal footing when disputes arise.
Waukesha has no rent control ordinance, and Wisconsin law explicitly prohibits local governments from implementing rent stabilization. Landlords may increase rent by any amount, provided they give proper written notice. For month-to-month tenants, at least 28 days' written notice is required to terminate the tenancy (Wis. Stat. § 704.19) — many landlords provide 30 days, which is also compliant.
Wisconsin landlords in Waukesha must keep rental units in a reasonable state of repair and in compliance with applicable housing codes under Wis. Stat. § 704.07. After written notice of a repair need, the landlord has a reasonable time to respond. If they fail to act on serious habitability issues, tenants may have the right to withhold rent or terminate the lease.
Wisconsin's retaliation statute (Wis. Stat. § 704.45) creates a rebuttable presumption of retaliation if a landlord takes adverse action — raising rent, reducing services, or filing for eviction — within six months of a protected tenant act such as reporting a code violation. Self-help eviction is illegal under Wis. Admin. Code ATCP 134.09(7) and may result in double the actual damages, plus court costs and reasonable attorney's fees, under Wis. Stat. § 100.20(5).
Wisconsin does not cap the dollar amount of security deposits. Waukesha landlords must provide a written move-in condition report and allow you to note any pre-existing damage. At move-out, the landlord must return your deposit with an itemized written statement of any deductions within 21 days (Wis. Stat. § 704.28).
If the landlord withholds any portion of your deposit improperly — such as charging for normal wear and tear or damage that existed at move-in — you may sue for double the wrongfully withheld amount plus attorney's fees. Always document the unit's condition at move-in and move-out with dated photos, and send your forwarding address in writing.
To evict a tenant in Waukesha, a landlord must follow Wisconsin's formal eviction process. Nonpayment of rent requires a 5-day written notice to pay or vacate. Most other lease violations call for a 5-day cure or vacate notice. To end a month-to-month tenancy without cause, the landlord must give at least 28 days' written notice before the end of the rental period (Wis. Stat. § 704.19).
If you do not comply after the notice period, the landlord must file an eviction lawsuit in Waukesha County Circuit Court. You have the right to be served and to appear at the hearing. Only after the court issues an order and a writ of restitution is executed by a court officer may you be removed. Self-help eviction — including changing locks or shutting off utilities — is illegal under Wis. Admin. Code ATCP 134.09(7).
Waukesha renters can get free or low-cost legal help from:
This article is for general informational purposes only and does not constitute legal advice. Laws and local ordinances may have changed since publication. For advice about your specific situation, consult a licensed attorney or contact Legal Action of Wisconsin.
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