What to Do if Your Landlord Breaks Your Lease in Wisconsin

If you’re renting in Wisconsin and your landlord breaks your lease, you might feel uncertain about what to do next. Wisconsin protects renters under specific laws, so it’s important to understand your rights and the steps you can take to protect yourself and your housing stability. This guide lays out a clear process if you’ve experienced a landlord breaking your rental agreement—through wrongful eviction, withholding essential services, or failing to honor repairs.

Your Rights as a Renter in Wisconsin

Wisconsin’s Chapter 704 of the Wisconsin Statutes – Landlord and Tenant defines the rights and responsibilities of renters and landlords. In addition, the Wisconsin Small Claims Act governs eviction and disputes. If your landlord violates the lease, you have recourse under these laws.

Common Ways a Landlord Might Break a Lease

• Trying to evict you without proper notice
• Not making critical repairs or withholding essential services (like heat or water)
• Entering your unit without legal notice
• Changing the locks or removing belongings unlawfully
• Raising rent mid-lease without a legal basis

If you face any of these issues, document everything and be proactive with your response.

Steps to Take If Your Landlord Breaks the Lease

There are several actions you can take to protect your rights and address landlord violations. Here are the steps for Wisconsin renters:

1. Review Your Lease and State Law. Carefully review your signed lease agreement and compare it with state landlord-tenant law to see if a violation has occurred.
2. Communicate in Writing. Inform your landlord of the violation. Use written communication (email or letter) and keep copies. For serious issues like repairs, you can use the Wisconsin Consumer Complaint Form.
3. Document Everything. Keep records of correspondence, photos, and notes of any problems.
4. File a Complaint (if needed). If the issue is unresolved, file a formal complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). Complete and submit the Consumer Complaint Form (No. DLSC-163) for issues like illegal entry, repairs, or security deposit disputes.
5. Consider Small Claims Court. If you suffer financial loss (such as improper eviction or withheld deposits), you may file in Wisconsin Small Claims Court. Use the Summons and Complaint (SC-500) form, available on the Wisconsin Courts official website.
6. Contact Legal Aid or Seek Mediation. If facing eviction or retaliation, contact a local tenant resource (links in resources below) for legal support.

Official Forms and How to Use Them

• Wisconsin Consumer Complaint Form (DLSC-163): Used to report illegal landlord conduct to DATCP. For example, if a landlord ignores required repairs or enters your home without notice, complete this form and submit it by mail or online. View/Download Wisconsin Consumer Complaint Form.
• Small Claims Summons and Complaint (SC-500): Used to start a court case against your landlord for money damages (e.g., improper eviction or withheld deposit). For example, if your landlord refuses to return your security deposit, fill out SC-500 and file it at your county court. View/Download SC-500 Brief.

Different disputes require different forms and processes. Be clear on what you’re contesting, and keep all evidence well organized.

How Wisconsin Handles Tenant Complaints

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) – Landlord-Tenant Program manages complaints, offers guidance, and helps enforce landlord-tenant regulations. If complaints cannot be resolved, issues often move to the Small Claims Court, where both landlords and tenants can present their case for damages or lease violations.

Summary

If your landlord breaks your lease, start with documentation, written requests, and formal complaints as needed. If harm occurs, you have legal options.

Frequently Asked Questions

1. What should I do first if my landlord violates our lease in Wisconsin?
   Start by reviewing your lease and Wisconsin landlord-tenant laws, then communicate with your landlord in writing. Keep thorough documentation.
2. Which government agency handles renter complaints in Wisconsin?
   The Wisconsin DATCP Landlord-Tenant Program is the primary resource for filing complaints or learning about your rights.
3. How can I recover my security deposit if my landlord refuses to return it?
   If your landlord doesn't return your deposit within 21 days, you can file a complaint with DATCP or start a case in Small Claims Court using the SC-500 form.
4. Is it legal for my landlord to enter my rental property without notice?
   No, landlords must give at least 12 hours' written notice before entering for non-emergency reasons under Wisconsin law.
5. Can I break my lease if my landlord doesn’t make repairs?
   Sometimes. If your unit is unsafe or unlivable and the landlord refuses to fix it, you may have the right to end your lease, but always document your requests and seek legal advice first.

Conclusion: What Renters Should Remember

• Act quickly—document violations and communicate clearly in writing with your landlord.
• Use official state forms to escalate issues if informal steps do not resolve the dispute.
• Wisconsin law protects renters through clear complaint processes and state-backed legal guidance.

Knowing your options empowers you to navigate lease violations confidently and ensure fair treatment.

Need Help? Resources for Renters

• Wisconsin DATCP Landlord-Tenant Program – Guidance, complaint filing, and tenant information.
• Wisconsin Small Claims Court – How to recover losses from landlord violations.
• Legal Action of Wisconsin – Free legal help for qualifying renters facing eviction or lease disputes.
• Wisconsin Department of Justice – Consumer Protection
• For emergencies, contact your local city or county housing office.

---

1. Wisconsin Statutes Chapter 704: Landlord and Tenant
2. Wisconsin Statutes Chapter 799: Small Claims
3. Wisconsin DATCP Landlord-Tenant Program
4. Wisconsin Small Claims Court
5. Wisconsin Consumer Complaint Form (DLSC-163)
6. Small Claims Summons and Complaint (SC-500)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations