Cal. Civ. Code § 704.45
Retaliatory conduct in residential tenancies prohibited.
Operative Text
704.45 Retaliatory conduct in residential tenancies prohibited. (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: (a) Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency. (b) Complaining to the landlord about a violation of s. 704.07 or a local housing code applicable to the premises. (c) Exercising a legal right relating to residential tenancies. (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). (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.
Wisconsin Statute § 704.45 prohibits landlords in residential tenancies from taking certain adverse actions—such as raising rent, cutting services, refusing to renew a lease, filing for eviction, or threatening any of these—when the evidence shows the action is driven by retaliation against a tenant who made a good-faith housing complaint, reported a code violation, or exercised a legal right related to their tenancy. The standard used is a preponderance of the evidence, meaning the retaliatory motive must be shown to be more likely than not the cause of the landlord's action. Two key exceptions exist: a landlord may still pursue eviction for genuine nonpayment of rent (excluding any rent increase that itself was retaliatory), and the anti-retaliation protection does not cover complaints about defects the tenant caused through their own negligence or misuse of the property.
Plain English — not legal advice.
Under Wis. Stat. § 704.45, compliant residential landlords document the independent, non-retaliatory business reasons behind any rent increase, service change, lease non-renewal, or eviction action—particularly when such action follows a tenant complaint or the exercise of a tenant's legal rights. Operators generally maintain records showing that decisions are based on objective factors such as market conditions, lease terms, or documented lease violations rather than on a tenant's protected activity. Landlords should be aware that the statute does permit pursuing possession for genuine nonpayment of rent, but that any rent increase underlying a nonpayment claim must itself not be retaliatory under § 704.45(1).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 704.45 gives residential tenants a legal shield against landlord actions—like rent hikes, service reductions, eviction filings, or lease non-renewals—that appear to be motivated by a tenant's good-faith complaint to a housing official or code enforcement agency, a complaint to the landlord about habitability under § 704.07, or the exercise of any legal right tied to the tenancy. Tenants who believe they are experiencing retaliation may raise § 704.45 as a defense in an eviction proceeding, file a complaint with a local housing code enforcement agency, or reach out to a tenant-rights organization for general information about available options. Note that the protection under § 704.45 does not extend to complaints about conditions the tenant themselves caused through negligence or misuse of the premises.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation