Off-Base Military Housing: Wisconsin Renters’ Rights Guide

Military families and personnel finding off-base housing in Wisconsin face a unique mix of federal and state rental laws. Whether you rent near Fort McCoy, Volk Field, or another installation, understanding your rights under Wisconsin law is essential—especially around lease terms, evictions, and protections for service members. This guide explains core rights, useful forms, and what to do if issues arise.

Key Legal Protections for Military Renters in Wisconsin

Wisconsin tenants—whether military or civilian—are mainly protected under the Wisconsin Statutes Chapter 704 (Landlord and Tenant) and related administrative rules. However, federal laws such as the Servicemembers Civil Relief Act (SCRA) provide additional rights for active-duty tenants.

• Security Deposits: Wisconsin law sets rules for how security deposits are held or returned. You must receive your deposit back (minus lawful deductions) within 21 days after moving out.
• Early Lease Termination: Under the SCRA, active-duty tenants can end leases early if deployed or receiving new orders elsewhere.
• Eviction Protections: Eviction requires proper legal process. Military renters can request eviction delays if on active duty.

Which Official Agency Handles Renter Disputes?

The Wisconsin Department of Agriculture, Trade and Consumer Protection—Consumer Protection Bureau is the main authority for rental complaints and information.

Common Rental Situations and Legal Forms

If you’re renting off-base in Wisconsin, these forms and procedures are especially important:

• Notice of Lease Termination by Tenant (for Military Deployment): No official standardized form, but the tenant must give written notice and a copy of their deployment/PCS orders to the landlord under the SCRA. See SCRA text from the U.S. Department of Justice.
  • When to use: If you’re called to active duty or receive permanent change of station (PCS) orders, give written notice and a copy of orders to your landlord. Example: A military family renting in Onalaska gets PCS orders to another state and submits a termination letter with their orders.
• Wisconsin Notice of Termination by Tenant (Non-Military): If you do not qualify for SCRA protections, use a written notice as outlined in Wisconsin Statutes 704.19. No government-issued template, but notice must include the date, address, and intended move-out date.
• Rental Complaint Form: File via the Consumer Protection Bureau's online complaint portal.
  • When to use: For concerns like withheld deposits, illegal entry, or unlawful eviction.

Understanding Eviction, Rent Increases, and Repairs

Renters in off-base military housing have rights under both Wisconsin law and federal military protections. Here’s what to know about key scenarios:

• Eviction: Landlords must follow Wisconsin eviction laws (see Wisconsin Statutes 799.40). Military tenants can request a stay (delay) under SCRA if on active duty.
• Rent Increases: There’s no statewide rent control, but increases require proper notice (usually as outlined in your lease or under Wisconsin Statutes 704.21).
• Repairs: If repairs are needed, request them in writing. Landlords must maintain fit and habitable premises according to Wisconsin Statutes 704.07.

Action Steps: How to File a Complaint About Rental Issues

If informal efforts don’t solve your rental problem, you can file a complaint:

• Document your issue (messages, photos, notices).
• Complete the Wisconsin Landlord-Tenant Complaint form.
• Submit your complaint through the state's online portal or by mailing it to the listed address.
• Keep copies of all submissions and responses.

FAQ: Living in Off-Base Military Housing in Wisconsin

1. Can my landlord refuse to rent to me because I’m in the military?
   No, federal law prohibits discrimination based on military status. Landlords must follow fair housing rules.
2. What happens if I need to break my lease due to deployment?
   Under the SCRA, you can terminate your lease early by giving written notice and a copy of your orders. This protection applies whether you rent an apartment or house off-base.
3. How do I get my security deposit back after moving out?
   Your landlord must return your deposit (minus lawful deductions) within 21 days of move-out, in compliance with Wisconsin law.
4. Who handles off-base military housing complaints in Wisconsin?
   The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) responds to rental complaints, using their official complaint process.
5. How do Wisconsin eviction protections work for active-duty military?
   Military tenants may request court stays (delays) of eviction if duty affects their ability to respond or pay rent, as provided by the SCRA and state law.

Conclusion: What Military Renters in Wisconsin Should Remember

• Military renters have extra protections under the SCRA, alongside Wisconsin’s rental laws.
• Security deposits must be promptly returned, and repairs/evictions follow state rules.
• Document everything and use official forms or resources if issues arise.

With a clear understanding of your rights and where to turn for help, renting off-base in Wisconsin can be smooth and secure.

Need Help? Resources for Renters

• Wisconsin DATCP Landlord-Tenant Resources – Main state information portal
• DATCP Rental Complaint Form (Online Submission)
• Servicemembers Civil Relief Act details (U.S. DOJ)
• Wisconsin State Bar Landlord-Tenant FAQ
• For active-duty military support: Contact your JAG Legal Assistance Office for guidance on SCRA protections.

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1. Wisconsin Statutes Chapter 704 – Landlord and Tenant
2. DATCP Landlord-Tenant Program
3. Servicemembers Civil Relief Act (SCRA)
4. Wisconsin Eviction Statutes
5. Wisconsin Repair and Maintenance Laws

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