Student Renters' Rights in Wisconsin: A 2024 Guide

College life in Wisconsin often means living off-campus or in university-owned accommodation. Navigating rental agreements, deposits, maintenance, and eviction rules can be confusing for student renters. This guide explains your rights as a student renter in Wisconsin, highlighting key protections, official processes, and where to find help.

Understanding Student Housing in Wisconsin

Student renters in Wisconsin are protected by the same laws as other tenants. Whether you rent a privately owned apartment, a house, or a university residence not owned or operated by the school, state law applies. Wisconsin Statutes Chapter 704 outlines tenant and landlord rights, including for college students¹.

Key Rights for Student Renters

• Right to a habitable home: Landlords must provide safe, livable conditions. All repairs and basic maintenance must be handled promptly.
• Security deposit protection: Your deposit must be returned within 21 days after moving out, minus any proper deductions. See official security deposit rules.
• Protection from illegal evictions: Landlords must follow proper legal steps for notices and court filings.
• Reasonable notice for entry: Except in emergencies, landlords must give at least 12 hours' notice before entering your space.
• Right to written lease terms: All rental conditions should be clear in your lease. If you're unsure, request clarification from your landlord or university housing office.

Common Rental Issues for Wisconsin Students

Many students encounter issues like rent increases, roommate changes, or unclear charges. If your rental is not owned directly by your university, these fall under state landlord-tenant laws.

• Rent increases: There is no state cap, but landlords must give advance written notice—usually as required by your lease agreement or at least one rental period (typically 28 days for month-to-month leases).
• Eviction: Your landlord must give you a proper written notice, such as a 5-day or 14-day notice, depending on the situation. This must follow Wisconsin’s legal process (see Wis. Stat. § 704.17).
• Repairs and maintenance: Use written requests (email or mail) for repairs. Document all communications. If issues are not fixed, you can file a complaint or seek mediation.

Important Official Forms for Wisconsin Student Renters

• Notice to Terminate Tenancy (Form and Requirements): Use this if you wish to end a month-to-month lease. You must give notice in writing at least 28 days before vacating.
  → Landlord/Tenant Guide: Ending Your Lease
  Example: If your lease is monthly and you plan to move out after the school year, provide a written notice to your landlord at least 28 days ahead. There’s no official statewide form, but your letter should include your name, address, and move-out date. See resources here.
• Statement of Security Deposit Deductions or Disputes: If you disagree with deposit deductions, you can dispute them in writing. Document any correspondence and include receipts or photos.
  → Wisconsin Tenant Resource Page
  Example: After moving out, your deposit was reduced for cleaning you believe wasn’t necessary. Send your landlord a letter disputing the charge and requesting the withheld amount.
• Small Claims Summons and Complaint (Form SC-500): Use this if you need to recover an unreturned security deposit.
  → SC-500 Small Claims Form
  Example: If your landlord fails to return your security deposit within 21 days, complete Form SC-500 and file in your county’s small claims court to start the legal process.

Who Oversees Renter Rights in Wisconsin?

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) is the main state agency upholding renter protections and handling complaints.

For disputes that go to court, the local Wisconsin Circuit Court – Small Claims Division hears tenant-landlord cases, including withheld deposits or eviction notices.

Relevant Wisconsin Laws for Renters

• Wisconsin Statutes Chapter 704 – Landlord and Tenant Law
• Chapter 799 – Small Claims Procedure
• DATCP Landlord-Tenant Guide

FAQ: Student Renters in Wisconsin

1. Can my landlord increase my rent during my lease?
   Typically, no. Rent cannot be increased during an active fixed-term lease unless your agreement specifically allows it. For month-to-month leases, written notice is required—usually 28 days in advance.
2. Can I break my lease if I leave school?
   Leaving school does not automatically let you break your lease without penalty. You are still responsible for the terms unless the lease or state law provides a valid exception.
3. How do I get my security deposit back?
   Your landlord must return your deposit (minus any permitted deductions) within 21 days after your move-out date. If not, you may file a complaint or pursue small claims action using Form SC-500.
4. What are my options if my landlord won’t fix issues?
   Send a written repair request. If repairs aren’t made, you can report the problem to DATCP or your local health department, or seek relief through small claims court.
5. Who do I call if I have a dispute with my landlord?
   Start with DATCP’s Landlord/Tenant Resources, your school’s student legal services, or the local Circuit Court for legal filings.

Conclusion / Key Takeaways

• Student renters in Wisconsin have clear rights under state law—know them and use official channels for help.
• Always communicate in writing and keep records of deposit, repairs, and notices.
• Seek support from DATCP, your campus, or courts if issues are not resolved directly with your landlord.

Need Help? Resources for Renters

• Wisconsin DATCP Landlord-Tenant Resources — Main state resource for complaints, guides, and forms
• Wisconsin Circuit Courts Small Claims Division — For disputes like deposit recovery or eviction
• File a Consumer Complaint with DATCP
• Most Wisconsin universities offer free student legal services—check your school's website

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1. Wisconsin Statutes Chapter 704 – Landlord and Tenant Law
2. DATCP Landlord/Tenant Resource Center
3. Wisconsin Statutes Chapter 799 – Small Claims
4. Wisconsin Small Claims Summons and Complaint (SC-500)

Categories

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