Understanding Vacancy Decontrol in Wisconsin Rentals

As a renter in Wisconsin, it’s important to understand how vacancy decontrol and rent regulation may—or may not—affect your apartment. This guide explains Wisconsin’s current legal stance on rent control, what happens to rent amounts when a tenant leaves, and what protections you have under state law.

Is Rent Control Allowed in Wisconsin?

Wisconsin state law currently prohibits local governments from enacting residential rent control or rent stabilization ordinances. This means there are no rent-controlled units in Wisconsin under state or local law. All landlords are free to set and increase rents as they see fit, as long as they provide proper notice and comply with existing lease agreements.^[1]

What Is Vacancy Decontrol?

Vacancy decontrol is a process where a landlord can raise the rent to market rate once a tenant moves out of a rent-controlled unit. In states or cities with rent control, this rule determines how much rent can be increased between tenancies.

Since Wisconsin does not allow rent control, vacancy decontrol rules do not apply to rental housing in the state.

Your Rights as a Wisconsin Renter

• There are no legal restrictions on the amount of rent a landlord can charge or increase, except as agreed in your lease.
• Landlords must follow proper notice procedures for raising your rent. For example, at least 28 days’ written notice is required if you rent month-to-month and the lease doesn't specify otherwise.^[2]
• Other tenant protections—such as for repairs, habitability, and fair eviction—still apply even though rent control doesn’t.

For more information about general rental rights, see the official Wisconsin Statutes Chapter 704 - Landlord and Tenant.

Do Any Forms Apply to Rent Control or Vacancy Decontrol?

Because rent control and official vacancy decontrol do not exist in Wisconsin, there are no specific government forms for these topics. However, renters may find these general lease-related forms useful:

• Wisconsin Eviction Notice (form SDC-12001): Used by landlords to give a renter notice to vacate, usually for nonpayment or lease violations. Example: If your lease is ending and you receive a notice to vacate, make sure it’s on a proper form. View official eviction forms on the Wisconsin Court System site.
• Wisconsin Rental Agreement (No regulated official form, but you can review guidelines in the Wisconsin Landlord-Tenant Guide).

Tip: Always read any notice or new lease carefully. If you have questions about legal requirements, contact the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) or local tenant resources (see below).

What Tribunal Handles Rental Disputes in Wisconsin?

In Wisconsin, the Wisconsin Circuit Courts handle landlord-tenant disputes, including those related to rent increases, lease notices, and evictions. For consumer complaints about landlord practices, the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) is the appropriate state agency.

Relevant Legislation

• Wisconsin Statutes § 66.101 – Prohibits municipal rent regulation
• Wisconsin Statutes Chapter 704 - Landlord and Tenant

Summary: Although you may have heard about rent control or vacancy decontrol in other states, these policies do not exist in Wisconsin. Rents are set by the market, and the law requires proper notice for increases, but not limits on amounts.

Frequently Asked Questions

1. Does Wisconsin have rent control or rent-stabilized apartments?
   No, Wisconsin law prohibits any form of rent control. All apartments are subject to market rates and private lease agreements.
2. Can my landlord raise my rent after I move out?
   Yes. Because there are no rent limits or vacancy decontrol laws, a landlord may set a new rent amount for new tenants once you vacate.
3. How much notice must my landlord give before raising the rent?
   If you are a month-to-month tenant and your lease doesn’t specify otherwise, the landlord must give at least 28 days’ written notice before the increase takes effect.
4. Where can I file a complaint about an unfair rent increase?
   You can contact the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) for guidance or assistance with rental concerns.

Key Takeaways for Wisconsin Renters

• Wisconsin law does not permit rent control or vacancy decontrol rules.
• Landlords must provide proper notice before any rent increases, but are not limited in setting rent prices.
• Know your rights regarding notice, habitability, and lease terms, even though no rent caps exist.

Need Help? Resources for Renters

• Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Landlord-Tenant Resources: Consumer complaints, tenant guides, and legal information.
• Wisconsin Circuit Courts: Information on small claims, eviction, and landlord-tenant court cases.
• Wisconsin Statutes Chapter 704 - Landlord and Tenant: Full legal text of tenant and landlord obligations.
• Wisconsin State Law Library - Landlord/Tenant Topic: State law library resources and self-help information for tenants.

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1. Wisconsin Statutes § 66.101 – Prohibits municipal rent regulation
2. Wisconsin Statutes § 704.19 – Notice requirements for terminating tenancy or raising rent

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