Wisconsin Statutes
Wis. Stat. § 704.45 (2026)
Retaliatory conduct in residential tenancies prohibited
✓ current as of July 2026
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704.45(1)(1) Except as provided in sub. (2), a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur but for the landlord’s retaliation against the tenant for doing any of the following:
704.45(1)(a)(a) Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency.
704.45(1)(b)(b) Complaining to the landlord about a violation of s. 704.07 or a local housing code applicable to the premises.
704.45(2)(2) Notwithstanding sub. (1), a landlord may bring an action for possession of the premises if the tenant has not paid rent other than a rent increase prohibited by sub. (1).
704.45(3)(3) This section does not apply to complaints made about defects in the premises caused by the negligence or improper use of the tenant who is affected by the action or inaction.
704.45 AnnotationA landlord cannot evict a tenant solely because the tenant has reported building code violations. Dickhut v. Norton, 45 Wis. 2d 389, 173 N.W.2d 297 (1970).
Notes of Decisions
Cited in 15
cases (9 in the last 5 years), 1988–2026 · leading case: Madison Dev. Corp. v. Connie Shaw (Wis. Ct. App. 2026).
Madison Dev. Corp. v. Connie Shaw (Wis. Ct. App. 2026). “§ 704.45 at trial, even though Shaw raised this as a defense.”
Imperial Colliery Co. v. Fout, 373 S.E.2d 489 (W. Va. 1988). “9, § 4465; Wis.Stat.Ann. § 704.45. Only New Jersey and Minnesota appear to go beyond the tenancy-related rights enumerated above.”
Espenschied v. Mallick, 633 A.2d 388 (D.C. 1993). “Ann. § 47-8-39; N.Y.Real Prop.Law § 223-b; N.”
Hoke v. Johnson (E.D. Wis. 2022). “3 Wis. Stat. § 704.45 and Retaliation Plaintiffs plead claims under Wis.”
Witt Props., LLC v. Laura Schaeffer (Wis. Ct. App. 2020). “§ 704.45. That statute prohibits landlords from “refusing to renew a lease” for retaliatory reasons, but does not on its face restrict the reasons why landlords may refuse to enter a new lease.”
McFarland v. Hous. Auth. of Racine Cnty. (E.D. Wis. 2022). “2 Prohibited retaliatory conduct – Wis. Stat. § 704.45 HARC has not moved to dismiss the claims against it, and it appears to the Court that they are sufficiently alleged.”
M. Blank Props., LLC v. George Cole (Wis. Ct. App. 2019). “§ 704.45(1)(c) and WIS. ADMIN. CODE § ATCP 134.”
H&J Props., LLC v. Jon Mark (Wis. Ct. App. 2022). “§ 704.45, which states as follows: (1) Except as provided in sub.”
Veronica Morgan v. Wisconsin Mgmt. Co. (Wis. Ct. App. 2025). “§ 704.45 does not apply here because there were no issues with untenantability or complaints about building or housing codes that would be required to support a retaliatory eviction claim.”
Green (E.D. Wis. 2025). “Count V alleges that the defendants evicted the plaintiff without lawful process in violation of Wis. Stat. §704.45 . Id. Count VI alleges that UMOS and Milwaukee County had a duty “to supervise their partners and investigate facilities receiving referrals or claiming public…”
Orchard Estates, LLC v. Meyer, 922 N.W.2d 322 (Wis. Ct. App. 2018). “§ 704.45(1) and WIS. ADMIN. CODE § ATCP 134.”
McKean Real Est., LLC v. Nancy Marquardt (Wis. Ct. App. 2019). “§ 704.45 (“Retaliatory conduct in residential tenancies prohibited.”
— Wis. Stat. § 704.45(1) — 4 cases
Madison Dev. Corp. v. Connie Shaw (Wis. Ct. App. 2026). “§ 704.45 at trial, even though Shaw raised this as a defense.”
Witt Props., LLC v. Laura Schaeffer (Wis. Ct. App. 2020). “§ 704.45. That statute prohibits landlords from “refusing to renew a lease” for retaliatory reasons, but does not on its face restrict the reasons why landlords may refuse to enter a new lease.”
Orchard Estates, LLC v. Meyer, 922 N.W.2d 322 (Wis. Ct. App. 2018). “§ 704.45(1) and WIS. ADMIN. CODE § ATCP 134.”
Veronica Morgan v. Wisconsin Mgmt. Co. (Wis. Ct. App. 2025). “§ 704.45 does not apply here because there were no issues with untenantability or complaints about building or housing codes that would be required to support a retaliatory eviction claim.”
— Wis. Stat. § 704.45(1)(a) — 2 cases
Madison Dev. Corp. v. Connie Shaw (Wis. Ct. App. 2026). “§ 704.45 at trial, even though Shaw raised this as a defense.”
H&J Props., LLC v. Jon Mark (Wis. Ct. App. 2022). “§ 704.45, which states as follows: (1) Except as provided in sub.”
— Wis. Stat. § 704.45(1)(b) — 1 case
Madison Dev. Corp. v. Connie Shaw (Wis. Ct. App. 2026). “§ 704.45 at trial, even though Shaw raised this as a defense.”
— Wis. Stat. § 704.45(1)(c) — 3 cases
Madison Dev. Corp. v. Connie Shaw (Wis. Ct. App. 2026). “§ 704.45 at trial, even though Shaw raised this as a defense.”
M. Blank Props., LLC v. George Cole (Wis. Ct. App. 2019). “§ 704.45(1)(c) and WIS. ADMIN. CODE § ATCP 134.”
Witt Props., LLC v. Laura Schaeffer (Wis. Ct. App. 2020). “§ 704.45. That statute prohibits landlords from “refusing to renew a lease” for retaliatory reasons, but does not on its face restrict the reasons why landlords may refuse to enter a new lease.”
— Wis. Stat. § 704.45(2) — 2 cases
Madison Dev. Corp. v. Connie Shaw (Wis. Ct. App. 2026). “§ 704.45 at trial, even though Shaw raised this as a defense.”
Carson D. Combs v. Lincoln Manor (Wis. Ct. App. 2021).
— Wis. Stat. § 704.45(3) — 1 case
Madison Dev. Corp. v. Connie Shaw (Wis. Ct. App. 2026). “§ 704.45 at trial, even though Shaw raised this as a defense.”
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