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Lafayette County Wisconsin
Lafayette County · Wisconsin

Lafayette County Landlord-Tenant Law

Wisconsin landlord guide — Darlington, Driftless Area dairy country, Shullsburg, Illinois border & Wis. Stat. Ch. 704

🏛️ County Seat: Darlington
👥 Population: ~17,000
🌾 State: WI

Landlord-Tenant Law in Lafayette County, Wisconsin

Lafayette County is Wisconsin’s southwesternmost county, bordering Illinois to the south and Iowa County and Grant County on its other edges, and is among the state’s smallest and most rural counties with approximately 17,000 residents. The county seat of Darlington, a city of approximately 2,400 on the Pecatonica River, serves as the governmental and commercial hub for a county whose economic foundation rests almost entirely on dairy and row crop agriculture in the rolling Driftless Area landscape that gives the region its distinctive character of unglaciated ridges, deep coulees, and spring-fed streams. Shullsburg — the county’s second community, with approximately 1,200 residents — is a historic lead-mining town whose intact 19th-century streetscape and underground mine tour at the Wisconsin Mining Museum give it a heritage tourism character that supplements the county’s agricultural economy. The county’s proximity to Platteville in adjacent Grant County — home of UW–Platteville and a somewhat larger commercial economy — and to Monroe in Green County provides residents with access to employment and services beyond the county’s own limited offerings.

All residential landlord-tenant matters in Lafayette County are governed by Wis. Stat. Ch. 704 and ATCP 134. Eviction actions are filed at the Lafayette County Circuit Court in Darlington. Wisconsin has no statewide rent control, and Wis. Stat. §66.1015 prohibits municipalities from enacting rent stabilization. No Lafayette County municipality has a just-cause eviction ordinance. The county’s rental market is among the thinnest in Wisconsin — a small number of units in Darlington and Shullsburg serving a predominantly agricultural workforce.

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📊 Lafayette County Quick Stats

County Seat Darlington
Population ~17,000
Largest City Darlington (~2,400)
Median Rent ~$550–$700
Major Economy Dairy agriculture, row crops, county government, Platteville commuter
Rent Control None (banned statewide §66.1015)
Landlord Rating 4/10 — Very thin, agricultural, lowest rents in SW Wisconsin

⚖️ 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 Lafayette 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)

Lafayette County Local Ordinances

County and municipal rules that apply alongside Wisconsin state law

Category Details
Rental Registration No statewide rental registration in Wisconsin. Lafayette County and its municipalities including Darlington and Shullsburg have not enacted mandatory landlord licensing. Code enforcement is complaint-driven and minimal given the county’s very small population. Pre-1978 properties are common in both Darlington and Shullsburg’s older housing stock and require lead paint disclosure under ATCP 134.04.
Rent Control Banned statewide under Wis. Stat. §66.1015. No Lafayette County municipality may enact rent stabilization. Rents are among the lowest in Wisconsin, reflecting the county’s rural agricultural character and very thin rental demand. No local rent ordinance exists or is legally permissible.
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 at move-in required; tenant has 7 days to note disagreements. The informal character of Lafayette County’s small-community rental market does not reduce these legal requirements, which apply with full force regardless of community 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.
Driftless Area Agriculture & Mining Heritage Lafayette County’s economy is deeply agricultural, with dairy farming and row crop production on the rolling Driftless Area landscape providing the county’s primary employment base. Agricultural workers, farm managers, and agricultural support employees represent the county’s primary working-class rental demand. The county also contains Shullsburg, one of the best-preserved former lead-mining towns in Wisconsin — its Gravity Hill area, intact 19th-century commercial streetscape, and the Wisconsin Mining Museum reflect the lead and zinc mining heritage that drove the regional economy for much of the 19th century before dairy replaced mining as the economic foundation.
Just-Cause Eviction No just-cause requirement in Lafayette County. Month-to-month tenancies may be terminated with 28-day written notice without reason. Fixed-term leases may be non-renewed without cause. Milwaukee’s just-cause ordinance (MCO §200-51.5) has no application in Lafayette County.

Last verified: April 2026 · Source: Wis. Stat. Ch. 704

🏛️ Courthouse Information

Where landlords file eviction actions in Lafayette County

🏛️ Courthouse Information and Locations for Wisconsin

💸 Eviction Cost Snapshot

Typical fees for a Lafayette County eviction

💰 Eviction Costs: Wisconsin
Filing Fee $94.50-$114.50
Total Est. Range $200-500
Service: — Writ: —

Wisconsin Eviction Laws

Wis. Stat. Ch. 704 and ATCP 134 statutes, notice requirements, and landlord rights that apply in Lafayette 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 Type 5-Day Notice to Pay or Vacate (first offense) / 14-Day Notice to Vacate (repeat within 1 year)
Notice Period 5 (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 Hearing 5-25 (hearing 5-25 days after filing; tenant has 5 days to answer after service) days
Days to Writ Writ of Restitution issued after judgment; sheriff executes days
Total Estimated Timeline 21-45 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)).

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📝 Wisconsin Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. 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).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. 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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🔍 Reduce Your Risk Before Signing a Lease: Wisconsin landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Wisconsin — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Wisconsin's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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⏱ Notice Period Calculator

Calculate your required notice period and earliest filing date

📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ 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.
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🏙️ Communities in Lafayette County

Major communities within this county

📍 Lafayette County at a Glance

Wisconsin’s southwesternmost county, Illinois border, Driftless Area Pecatonica River valley, dairy agriculture dominant, Shullsburg historic mining town, Platteville and Monroe commuter access. Very thin rental market. No rent control. Lowest rents in SW Wisconsin.

Lafayette County

Screen Before You Sign

Dairy farm workers and agricultural employees, county government workers, Platteville or Monroe commuters choosing lower Lafayette County costs, and Shullsburg area service workers are your core renter profiles. Verify income at 3x rent, run Wisconsin circuit court records. Written leases essential regardless of community scale.

Run a Tenant Background Check →

A Landlord’s Guide to Renting in Lafayette County, Wisconsin

Lafayette County is Wisconsin’s most agricultural county by disposition if not always by acreage — a county of rolling Driftless Area ridges and valleys where dairy farming and row crops define the landscape, where the communities are small and historically rooted, and where the rental market reflects the economy honestly: thin, affordable, and serving a workforce that is employed primarily in agriculture and county government rather than the manufacturing, healthcare, or university employment that drives larger Wisconsin county markets.

Darlington: County Seat on the Pecatonica

Darlington, seated on the Pecatonica River in the county’s center, is both the county’s governmental hub and its most significant community. The Pecatonica River gives the city a modest recreational character — canoeing, fishing, and the riverside setting that makes Darlington’s downtown slightly more distinctive than a county seat of its size might otherwise be. The courthouse, county government employment, local schools, and the agricultural supply and service businesses that serve the surrounding farm economy provide Darlington’s modest but year-round employment base. For landlords, Darlington’s rental market is a small stock of older homes and apartments serving county employees, agricultural workers who prefer town living to farm housing, and the handful of service sector workers who support the local commercial economy.

Shullsburg: Wisconsin’s Best-Preserved Mining Town

Shullsburg is one of Wisconsin’s most historically significant and visually intact small communities — a former lead-mining town of approximately 1,200 residents whose Gravity Hill district, preserved 19th-century commercial architecture, and the Wisconsin Mining Museum in the Badger Mine attract heritage visitors from throughout the upper Midwest. The town was founded in the 1820s as part of Wisconsin’s early lead-mining boom and was one of the first communities in what would become Wisconsin’s southwest corner. The mining heritage — the underground tunnels, the surface equipment, the distinctive character of a community built around extractive industry — has been carefully maintained and interpreted in ways that give Shullsburg a tourism character that supplements the agricultural economy of the surrounding area.

For landlords in Shullsburg, the rental market is very small — a handful of properties serving local workers and the occasional heritage tourism sector employee. The community’s strong local identity and distinctive character attract residents who are genuinely committed to the town and who tend toward longer tenancies than transient workers in more economically generic communities.

The Platteville and Monroe Commuter Connection

Lafayette County’s most meaningful external economic connection is its proximity to Platteville in adjacent Grant County — home of UW–Platteville and a broader commercial economy — and to Monroe in Green County. Lafayette County residents who work at UW–Platteville, at Grant County agricultural operations, or in the Monroe cheese manufacturing economy may choose to live in Lafayette County for its lower housing costs while commuting to adjacent county employment. This cross-county commuter dynamic is modest in scale but represents a meaningful component of the county’s residential demand beyond its own employment base.

Wisconsin Legal Framework in Lafayette County

All residential tenancies in Lafayette County follow the standard Wisconsin Ch. 704 and ATCP 134 framework without 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. Eviction actions are filed at the Lafayette County Circuit Court in Darlington, which likely sees only a handful of eviction filings in any given year given the county’s small population and thin rental market.

ATCP 134 security deposit compliance applies with full legal force regardless of market scale or community informality. The 21-day return deadline, itemized written deduction statement, check-in sheet at move-in, and double damages for wrongful withholding are not optional regardless of how small the county or how informal the relationship between landlord and tenant. Wisconsin’s rent control prohibition under §66.1015 and the absence of just-cause eviction requirements outside Milwaukee both apply. For landlords in Lafayette County who operate with written leases and basic documentation discipline, the county’s very thin market can generate modest but reliable returns on low-cost acquisition properties.

Lafayette 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 Lafayette County Circuit Court, Darlington. Milwaukee just-cause ordinance (MCO §200-51.5) does not apply. Consult a licensed Wisconsin attorney before taking legal action. Last updated: April 2026.

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Disclaimer: This page provides general information about landlord-tenant law in Lafayette 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.

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