Landlord-Tenant Law in Winnebago County, Wisconsin
Winnebago County is a Fox Valley county of approximately 170,000 residents anchored by Oshkosh — Wisconsin’s fifth-largest city at approximately 66,000 residents — and Neenah, a historically prosperous paper-industry city of approximately 28,000 on the county’s northern edge. The county is defined by Lake Winnebago, the largest inland lake in Wisconsin at approximately 137,000 acres, whose western shore the county follows for much of its length and whose influence on the local economy — through recreation, ice fishing, Sturgeon Season, commercial fishing, and lakefront property values — is pervasive. Oshkosh is the county seat and economic anchor: home to Oshkosh Corporation (a publicly traded global manufacturer of specialty vehicles including fire trucks, military vehicles, aerial work platforms, and refuse equipment), UW-Oshkosh (one of the University of Wisconsin System’s larger campuses with approximately 14,000 students), Mercy Health (Ascension), Aurora Medical Center, and a diversified manufacturing and service economy. Neenah, historically one of the wealthiest small cities in the Midwest due to paper industry wealth, retains significant commercial and healthcare employment. The EAA AirVenture Oshkosh airshow — the world’s largest aviation event held annually in late July at Wittman Regional Airport — draws over 600,000 attendees and constitutes one of the most economically significant recurring events in Wisconsin.
All residential landlord-tenant matters in Winnebago County are governed by Wis. Stat. Ch. 704 and ATCP 134. Eviction actions are filed at the Winnebago County Circuit Court in Oshkosh. Wisconsin has no statewide rent control, and Wis. Stat. §66.1015 prohibits municipalities from enacting rent stabilization. No Winnebago County municipality has a just-cause eviction ordinance.
Oshkosh Corporation, UW-Oshkosh, Mercy/Aurora healthcare, paper industry legacy, EAA AirVenture
Rent Control
None (banned statewide §66.1015)
Landlord Rating
7/10 — UW-Oshkosh demand, Oshkosh Corp, Fox Valley metro, Lake Winnebago
⚖️ 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
Winnebago County Circuit Court, Oshkosh
Process Name
Eviction (formerly Forcible Entry & Detainer)
Post-Judgment Move-Out
As ordered by court; writ issued after judgment
Avg Timeline
4–7 weeks (active city/university docket)
Winnebago County Local Ordinances
County and municipal rules that apply alongside Wisconsin state law
Category
Details
Rental Registration
No statewide rental registration in Wisconsin. Winnebago County and its municipalities including Oshkosh, Neenah, and Menasha have not enacted mandatory landlord licensing. Oshkosh has active code enforcement operations, particularly in older residential neighborhoods near the university. Pre-1978 properties in Oshkosh’s older housing stock require lead paint disclosure under ATCP 134.04.
Rent Control
Banned statewide under Wis. Stat. §66.1015. No Winnebago County municipality may enact rent stabilization. No local rent ordinance exists. Oshkosh rents are moderate by Wisconsin standards, reflecting its mid-tier position in the Fox Valley metro.
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 significant student population near UW-Oshkosh requires careful move-in and move-out documentation given the potential for elevated wear and damage claims.
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.
Oshkosh Corporation, UW-Oshkosh, EAA & Lake Winnebago
Oshkosh Corporation — a publicly traded Fortune 500 global manufacturer of specialty vehicles, access equipment, defense vehicles, and fire apparatus — is headquartered in Oshkosh and is the county’s single largest private employer, employing thousands of engineers, manufacturing professionals, corporate managers, and support staff. The company’s global brands include JLG (aerial work platforms), Pierce (fire trucks), and HEMTT military vehicles, among others. UW-Oshkosh, with approximately 14,000 students, generates substantial rental demand in neighborhoods adjacent to the campus and throughout Oshkosh’s southeast side; the university also employs faculty, staff, and administrators who constitute professional rental demand. The Experimental Aircraft Association and its annual AirVenture Oshkosh airshow, drawing 600,000+ attendees for approximately one week each July, constitutes one of the most extraordinary recurring economic events in any Wisconsin county. Lake Winnebago — Wisconsin’s largest inland lake — provides ice fishing (including the famous Sturgeon Spearing Season in February, which draws thousands of participants to the frozen lake), recreational boating, and lakefront property that enhances residential desirability throughout the county. Neenah, historically one of Wisconsin’s wealthiest small cities due to its paper industry heritage (Neenah Paper, Kimberley-Clark operations), retains significant employment in advanced manufacturing and professional services.
Just-Cause Eviction
No just-cause requirement in Winnebago 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 Winnebago 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.
Oshkosh (WI’s 5th-largest city), Oshkosh Corporation (Fortune 500), UW-Oshkosh (~14,000 students), EAA AirVenture (600,000+ annual attendees), Lake Winnebago (WI’s largest inland lake), Sturgeon Season, Neenah paper heritage, Mercy/Aurora healthcare. No rent control, 5-day pay/vacate.
Winnebago County
Screen Before You Sign
Oshkosh Corporation engineers and manufacturing professionals, UW-Oshkosh faculty/staff and upper-division/graduate students, Mercy/Aurora healthcare workers, Neenah manufacturing and professional employees, EAA and aviation industry workers, and Fox Valley professional workers are your core profiles. Screen student tenants carefully — require cosigners for underclassmen. Verify income at 3x rent.
A Landlord’s Guide to Renting in Winnebago County, Wisconsin
Winnebago County is one of Wisconsin’s most interesting landlord markets — a mid-sized Fox Valley county whose rental demand is shaped by three overlapping forces: the professional employment of Oshkosh Corporation and the broader industrial and healthcare economy, the student and faculty population of UW-Oshkosh, and the recreational and cultural magnetism of Lake Winnebago and events like EAA AirVenture. Managing the interaction of these demand streams — with their different income profiles, tenancy lengths, and risk characteristics — is the central skill set for successful Winnebago County landlords.
Oshkosh Corporation: The Fortune 500 Anchor
Oshkosh Corporation is not merely a local employer — it is a publicly traded global manufacturer with revenues exceeding $9 billion annually and operations worldwide, whose headquarters in Oshkosh employs a concentration of engineers, product managers, supply chain specialists, defense systems professionals, financial analysts, and corporate executives whose income levels and residential expectations are meaningfully above typical Wisconsin mid-market norms. Oshkosh Corp professionals seeking rental housing rather than ownership constitute Winnebago County’s highest-quality individual tenant profile, demanding well-maintained units, responsive management, and professional lease documentation.
UW-Oshkosh and the Student Market
UW-Oshkosh’s approximately 14,000 students generate substantial rental demand in the neighborhoods immediately surrounding the campus on Oshkosh’s southeast side — particularly along Algoma Boulevard, High Avenue, and the blocks between the campus and downtown. Student tenants require more active management than professional tenants, and Winnebago County landlords near the university should require cosigners for undergraduate students without independent income, conduct rigorous move-in documentation (photographic and written), include clear lease provisions on occupancy limits, noise, and guest policies, and budget for higher unit turnover and normal wear in student properties. Graduate students, faculty, and staff present more conventional professional tenant profiles.
EAA AirVenture: The World’s Largest Aviation Event
The Experimental Aircraft Association’s annual AirVenture Oshkosh is by virtually any measure the largest aviation event in the world — attracting over 600,000 visitors, 10,000+ aircraft, and participants from every continent for approximately one week each late July at Wittman Regional Airport. The economic impact on Winnebago County is extraordinary for a recurring event of one week’s duration. For landlords, AirVenture creates unique short-term rental opportunities during that week for properties near the airport, though the primary residential rental market is unaffected by the annual event. EAA itself employs hundreds of full-time staff year-round in Oshkosh, adding professional employment to the permanent workforce.
Lake Winnebago and Neenah
Lake Winnebago’s 137,000 acres make it the largest inland lake in Wisconsin and one of the largest inland lakes in the United States. Its size, its connection to the Fox River waterway system, and its remarkable Sturgeon Spearing Season — in which licensed spearers wait in heated shanties on the frozen lake surface for sturgeon to pass through holes cut in the ice, a tradition dating to Wisconsin’s tribal heritage — give the lake a cultural significance that extends well beyond simple recreation. Neenah’s prosperity, rooted in paper manufacturing and now sustained by diversified professional and manufacturing employment, contributes significantly to Winnebago County’s economic quality.
Wisconsin Legal Framework in Winnebago County
All residential tenancies in Winnebago County follow the standard Wisconsin Ch. 704 and ATCP 134 framework. 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 Winnebago County Circuit Court in Oshkosh. ATCP 134 security deposit compliance is mandatory. No rent control (Wis. Stat. §66.1015). No just-cause eviction requirement.
Winnebago 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 Winnebago County Circuit Court, Oshkosh. 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 Winnebago 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.
