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Retaliatory Eviction

Wis. Stat. 704.45 — no rent increase, cut in service or eviction because of a housing complaint

A Wisconsin residential landlord may not raise rent, decrease services, bring an action for possession, refuse to renew a lease or threaten any of those, if a preponderance of the evidence shows it would not happen but for retaliation against the tenant for:

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  • A good faith complaint about a defect to an elected public official or a local housing code enforcement agency.
  • Complaining to the landlord about a violation of the repair statute or a local housing code.
  • Exercising a legal right relating to residential tenancies.

Unpaid rent is the exception. The landlord may still bring an action for possession when the tenant has not paid rent, other than a rent increase the section forbids. And the section does not cover complaints about defects the affected tenant caused by negligence or improper use.

A lease letting the landlord take any of those steps because the tenant contacted law enforcement, health or safety services is void.

Sources for this section (2)
  1. Wis. Stat. 704.45 — Retaliatory conduct in residential tenancies prohibited
  2. Wis. Stat. 704.44 — Residential rental agreement that contains certain provisions is void

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.

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