Transitional Housing Tenant Rights in Wisconsin: Guide for Renters

Transitional housing in Wisconsin offers renters a place to stay temporarily while they get back on their feet. If you live in a transitional housing program—such as those offered by shelters, recovery centers, or housing nonprofits—it's important to know your rights and responsibilities as a tenant under Wisconsin law. This article explains the most important rules and protections, how you can make complaints, what forms you might need, and who you can turn to for help.

Understanding Transitional Housing in Wisconsin

Transitional housing provides short- to medium-term housing and support services for people in need, such as those experiencing homelessness or recovering from other life challenges. Even though this type of housing is different from standard rentals, many basic rights under Wisconsin Statute Chapter 704 — Landlord and Tenant Law apply. Some programs, especially those run by non-profits or government agencies, may also have extra rules or agreements you sign at move-in.

Your Key Rights as a Transitional Housing Tenant

• Right to safe and habitable housing: Your landlord or program provider must keep your unit in safe condition, providing heat, water, and basic repairs as required by law.
• Protection from illegal eviction: You generally cannot be locked out or removed without proper notice or process, even if your stay is time-limited. Always ask for written notice if you’re asked to leave.
• Freedom from discrimination: You are protected by Wisconsin fair housing laws. Landlords and housing programs cannot evict or treat you unfairly because of your race, color, disability, religion, national origin, sex, or family status. Read about your Wisconsin Fair Housing Rights.
• Privacy in your home: You have a right to reasonable notice—usually at least 12 hours—before the landlord or staff enters your unit, unless it is an emergency.
• Notice before any rent or fee change: Transitional housing programs must give proper notice before increasing rent, even if subsidies or funding change.

If your provider has house rules or a special agreement, be sure to review and ask questions. These terms cannot override basic state protections.

How Eviction and Termination Work in Transitional Housing

While transitional housing is meant to be temporary, you have legal protections if your stay is terminated early. The provider must usually give written notice (often 5 or 14 days, depending on the reason) before asking you to leave. If you refuse to leave, they must go through the formal court process. Immediate lockouts or removals without official process are illegal in most situations.

• 5-Day Notice to Remedy or Vacate (Form): Used if you break a major rule or term—like not paying rent or violating house rules. This gives you 5 days to fix the problem or leave. Download from the official Wisconsin Court Forms – Eviction site.
• 14-Day Notice to Vacate (Form): Used for repeat violations or serious issues. Gives you 14 days to move out without a chance to fix the problem. Available here. Example: If you damage property twice, your provider might issue this notice.
• Complaint/Request for Assistance: If you feel you’re being evicted unfairly or need repairs, you can file complaints with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) using the Landlord-Tenant Complaint Form (Form No. ATCP-6275). This form lets renters report unsafe housing or illegal eviction attempts.

Filing a Complaint or Getting Help: Where to Turn

In Wisconsin, if you have issues in transitional housing that your program won’t fix—like poor living conditions, retaliation, or improper eviction—contact the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) - Landlord Tenant Section. This is the main state agency handling rental disputes.

• DATCP Landlord Tenant Resources
• Phone: 1-800-422-7128
• Email: datcphotline@wisconsin.gov

Court disputes may go through your local Wisconsin Circuit Court. Tenants can also seek free help from legal aid (see Resources below).

Relevant Law: What Applies to Transitional Housing?

Most transitional housing agreements in Wisconsin are covered by Wisconsin Statute Chapter 704 and related rules in the Wisconsin Administrative Code ATCP 134. However, some facilities (like licensed shelters) may have special exemptions. Always check your written agreement and ask questions if unclear.

For formal legal disputes over eviction or major repairs, you can apply to the Circuit Court, which acts as the judicial body for housing issues in Wisconsin.

FAQ: Transitional Housing Rights in Wisconsin

1. Do transitional housing residents have the same legal rights as standard tenants?
   Most rights from Wisconsin’s Landlord-Tenant Law apply to transitional housing, including rights to notice and safe living conditions. However, some transitional housing providers use different contracts—always review what you sign and ask what laws or rules apply.
2. Can I be evicted from transitional housing without warning?
   No. You must receive a written notice (typically 5 or 14 days) unless there is an extreme emergency. The eviction process follows state rules found in Chapter 704 of Wisconsin Law.
3. What should I do if my program will not do repairs?
   First, put your request in writing. If nothing changes, contact the DATCP and file a Landlord-Tenant Complaint Form. Legal aid can also help advocate for renters’ rights.
4. Who enforces tenant laws for transitional housing in Wisconsin?
   The Wisconsin DATCP Landlord Tenant Section handles housing complaints. Legal disputes go to your local Wisconsin Circuit Court.
5. Is discrimination in transitional housing illegal?
   Yes. Transitional housing must comply with Wisconsin Fair Housing Laws, protecting against discrimination due to race, color, national origin, disability, sex, family status, or religion.

Need Help? Resources for Renters

• Wisconsin DATCP Landlord Tenant Program: Landlord Tenant Resources | Phone: 1-800-422-7128 | Email: datcphotline@wisconsin.gov
• Wisconsin Court Forms for Eviction and Complaints: Find Eviction and Complaint Forms
• Wisconsin Legal Action: Legal Help for Housing Issues
• Wisconsin Fair Housing: Your Fair Housing Rights
• Wisconsin Circuit Courts: Find Your Local Court

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1. Wisconsin Statutes Chapter 704: Landlord and Tenant
2. Wisconsin Administrative Code ATCP 134: Residential Rental Practices
3. DATCP: Landlord Tenant Resources
4. Landlord-Tenant Complaint Form (ATCP-6275)
5. Wisconsin Fair Housing Rights

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