Landlord-Tenant Law in Marquette County, Wisconsin
Marquette County is one of Wisconsin’s smallest and most rural counties — a central Wisconsin county of approximately 15,000 residents anchored by the county seat of Montello, a city of approximately 1,500 on the Fox River chain of lakes in the county’s southwestern corner. The county’s identity is shaped by its lake-studded landscape — Buffalo Lake, Montello Lake, and the Fox River lakes chain are among the central features of the county’s geography — and by its agricultural character, particularly the dairy and poultry farming that sustains the county’s rural economy. Montello’s pink granite quarry — which supplied granite for projects including the base of the Ulysses S. Grant memorial tomb in New York — is an historical distinction that adds to the small city’s character, though quarrying operations are no longer a significant part of the local economy. The county’s location between the Fox Valley metro (Oshkosh, Appleton) to the northeast and Madison to the southwest provides some commuter access for residents willing to travel significant distances.
All residential landlord-tenant matters in Marquette County are governed by Wis. Stat. Ch. 704 and ATCP 134. Eviction actions are filed at the Marquette County Circuit Court in Montello. Wisconsin has no statewide rent control, and Wis. Stat. §66.1015 prohibits municipalities from enacting rent stabilization. No Marquette County municipality has a just-cause eviction ordinance. The county’s rental market is very thin — a small number of units in Montello serving county government workers, agricultural employees, and lake area service sector workers.
Dairy agriculture, lakes recreation, county government
Rent Control
None (banned statewide §66.1015)
Landlord Rating
4/10 — Very thin market, agricultural, lakes access modest draw
⚖️ Eviction At-a-Glance
Nonpayment Notice
5-Day Pay or Vacate
Lease Violation
5-Day Cure or Vacate
No-Cause (Month-to-Month)
28-Day Written Notice
Court
Marquette County Circuit Court
Process Name
Eviction (formerly Forcible Entry & Detainer)
Post-Judgment Move-Out
As ordered by court; writ issued after judgment
Avg Timeline
3–5 weeks (very light docket)
Marquette County Local Ordinances
County and municipal rules that apply alongside Wisconsin state law
Category
Details
Rental Registration
No statewide rental registration in Wisconsin. Marquette County and Montello have not enacted mandatory landlord licensing. Code enforcement is complaint-driven and minimal. Pre-1978 properties in Montello’s older housing stock require lead paint disclosure under ATCP 134.04.
Rent Control
Banned statewide under Wis. Stat. §66.1015. No Marquette County municipality may enact rent stabilization. Rents are among the lowest in central Wisconsin, reflecting the county’s thin, rural market. No local rent ordinance exists.
Security Deposit
No statutory cap in Wisconsin. ATCP 134.06 requires return within 21 days of tenancy end with itemized written deduction statement. Wrongful withholding: double damages plus attorney’s fees. Written check-in sheet required at move-in; tenant has 7 days to note disagreements. These requirements apply in full throughout Marquette County regardless of market scale.
Landlord Entry
Minimum 12 hours’ advance notice for non-emergency entry under Wis. Stat. §704.05(2). Emergency entry permitted without notice. Entry at reasonable times only.
Lakes, Agriculture & Montello Granite Heritage
Marquette County’s economy is anchored by dairy and poultry agriculture, the Fox River chain of lakes recreational economy, and the county’s governmental and service sector operations centered in Montello. Buffalo Lake is the county’s largest water body and a recreational draw for boating, fishing, and waterfowl hunting. Montello’s pink granite quarry once supplied stone for national monuments — the granite used in the base of the Ulysses S. Grant Tomb in New York City was quarried in Montello — a distinction the city marks as part of its historical identity. Agricultural employees, county government workers, and the small service sector that supports the lake area economy are the county’s primary year-round renter base.
Just-Cause Eviction
No just-cause requirement in Marquette County. Month-to-month tenancies may be terminated with 28-day written notice. Milwaukee’s just-cause ordinance (MCO §200-51.5) has no application here.
Wis. Stat. Ch. 704 and ATCP 134 statutes, notice requirements, and landlord rights that apply in Marquette County
⚡ Quick Overview
5 (first offense with cure); 14 (repeat within 1 year - no cure)
Days Notice (Nonpayment)
5 (first curable violation); 14 (repeat within 1 year - no cure); 5 (criminal/drug-gang activity - no cure)
Days Notice (Violation)
21-45
Avg Total Days
$$94.50-$114.50
Filing Fee (Approx)
💰 Nonpayment of Rent
Notice Type5-Day Notice to Pay or Vacate (first offense) / 14-Day Notice to Vacate (repeat within 1 year)
Notice Period5 (first offense with cure); 14 (repeat within 1 year - no cure) days
Tenant Can Cure?Yes for first 5-day notice - tenant can pay all rent to stop eviction; No for 14-day notice (repeat nonpayment within 1 year)
Days to Hearing5-25 (hearing 5-25 days after filing; tenant has 5 days to answer after service) days
Days to WritWrit of Restitution issued after judgment; sheriff executes days
Total Estimated Timeline21-45 days
Total Estimated Cost$200-500
⚠️ Watch Out
5-day pay or vacate for first nonpayment. CRITICAL: If landlord has given 5-day notice within past year, can instead give 14-day notice to vacate with NO cure right (§ 704.17(2)(a)). Acceptance of rent during nonpayment action does NOT waive right to proceed (§ 799.40(1m)). Eviction records appear on CCAP (public court records website) for 2-10 years - significant consequence for tenants. Small Claims Court handles all evictions. Declaration of Non-Military Service required (GF-175 form). If tenant wrongfully overstays, landlord can recover 2x daily rent for each day (§ 799.44(3)). 12-hour advance notice required for landlord entry (unless emergency or shorter notice agreed in lease). Some leases with terms >1 year can override statutory notice provisions (§ 704.17(5)).
Serve the required notice based on the eviction reason (nonpayment or lease violation).
Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
File an eviction case with the Small Claims Court (Circuit Court) - Eviction Action (Wis. Stat. Ch. 799, §§ 799.40-799.45). Pay the filing fee (~$$94.50-$114.50).
Tenant is served with a summons and has the opportunity to respond.
Attend the court hearing and present your case.
If you prevail, obtain a writ of possession from the court.
Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about Wisconsin eviction laws and does not constitute legal advice.
Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections.
For specific legal guidance, consult a qualified Wisconsin attorney or local legal aid organization.
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⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
Central Wisconsin lakes county, Buffalo Lake, Montello pink granite heritage, Fox River chain. Dairy and poultry agriculture dominant. Very thin rental market, lowest prices in central WI. No rent control. 5-day pay/vacate, 28-day no-cause notice.
Marquette County
Screen Before You Sign
Dairy and agricultural workers, county government employees, lakes area service sector workers, and occasional commuters to Portage County or Green Lake County employment are your core renter profiles. Verify income at 3x rent, run Wisconsin circuit court records.
A Landlord’s Guide to Renting in Marquette County, Wisconsin
Marquette County is one of Wisconsin’s most rural and least-populated counties — a central Wisconsin lake and farmland county whose 15,000 residents are spread thinly across a largely agricultural and recreational landscape centered on the small county seat of Montello and the Fox River chain of lakes. For landlords, Marquette County represents the most rural end of Wisconsin’s rental market spectrum: a handful of units in and around Montello serving a workforce that is primarily agricultural, governmental, and service sector, with very low rents and very low acquisition costs that can make modest cash flows viable for patient investors.
Montello and the County Seat Economy
Montello, the county seat since 1851, is a small city whose character is shaped by its position on the Fox River at the head of the Buffalo Lake chain and by its historical identity as the site of Wisconsin’s famous pink granite quarry. The granite extracted from the Montello quarry in the 19th century was among the hardest and most durable stone available in the upper Midwest, and it was selected for major construction projects including the base of the Ulysses S. Grant National Memorial in New York City and other significant structures. The quarrying operations are no longer active at their historical scale, but the distinction remains a point of local historical pride.
Today’s Montello economy is more modest: county government, the school district, local retail and service businesses, and the small healthcare and social services sector that serves the surrounding agricultural community. For landlords, Montello’s year-round rental demand comes primarily from county employees, local service sector workers, and agricultural workers who prefer town living to farm housing.
Buffalo Lake and the Recreation Economy
Buffalo Lake — a shallow, productive lake in the Fox River chain — and the surrounding lake district support a modest seasonal recreation economy of fishing, boating, waterfowl hunting, and summer cottage use. This recreational character creates some seasonal demand for short-term rentals and vacation accommodations, but it does not generate significant year-round residential rental demand. The lake economy is more likely to influence vacation property investment than conventional residential landlording in Marquette County.
Wisconsin Legal Framework in Marquette County
All residential tenancies in Marquette County follow the standard Wisconsin Ch. 704 and ATCP 134 framework without exception or variation. The 5-Day Notice to Pay or Vacate for nonpayment, 5-Day Notice to Cure or Vacate for lease violations, and 28-Day Written Notice for no-cause month-to-month termination are the operative notice timelines regardless of how informal the local rental market may feel. Eviction actions are filed at the Marquette County Circuit Court in Montello. ATCP 134 security deposit compliance is mandatory: 21-day return deadline, itemized written deduction statement, check-in sheet at move-in, double damages for wrongful withholding. Wisconsin’s rent control prohibition under §66.1015 and the absence of any just-cause eviction requirement outside Milwaukee both apply. Written leases and documented move-in conditions are professional baseline requirements even in a market this small and informal.
Marquette County landlord-tenant matters are governed by Wis. Stat. Ch. 704 and ATCP 134. Nonpayment notice: 5-day pay or vacate. Lease violation: 5-day cure or vacate. No-cause termination: 28-day written notice. Security deposit return: 21 days; double damages for wrongful retention. Landlord entry: 12 hours’ advance notice required. No rent control (Wis. Stat. §66.1015). No just-cause eviction requirement. Eviction actions filed at Marquette County Circuit Court, Montello. Milwaukee just-cause ordinance (MCO §200-51.5) does not apply. Last updated: April 2026.
Disclaimer: This page provides general information about landlord-tenant law in Marquette County, Wisconsin and is not legal advice. Laws change frequently. Always verify current requirements with a licensed Wisconsin attorney before taking legal action. Last updated: April 2026.
