Wisconsin Landlord Repair Duties: Renter Rights & Action Steps

If you're renting a home or apartment in Wisconsin, understanding your rights when it comes to repairs can help ensure a safe, livable space for you and your family. Landlords in Wisconsin have specific legal responsibilities when it comes to property maintenance, habitability, and repairs. This article explains what those duties are, how to address problems, and what steps to take if your landlord doesn't respond.

What are a Landlord's Legal Repair Obligations in Wisconsin?

Under Wisconsin Statutes Chapter 704: Landlord and Tenant Law and Department of Agriculture, Trade and Consumer Protection (ATCP 134: Residential Rental Practices), landlords are required to:

• Keep the property in a reasonable state of repair
• Maintain all electrical, plumbing, heating, and ventilation systems in working condition
• Ensure that the rental unit meets local housing codes and is safe and sanitary
• Fix damages not caused by normal wear and tear, or by the tenant's neglect or misuse

If a landlord fails to make required repairs, it can be considered a violation of the lease and Wisconsin law.^[1]

What is Considered "Uninhabitable"?

"Uninhabitable" means the property is unsafe or lacks essential services—such as heat in winter or running water. Renters have protections if their unit is unfit to live in.

How to Request Repairs from Your Landlord

It's important to communicate repair needs in writing. This creates a clear record. In Wisconsin, there is no official state-mandated repair request form, but a written note, letter, or email is recommended.

• Describe the problem clearly and respectfully
• Include the date and your contact information
• Request repairs within a reasonable timeframe

Keeping a copy and any responses can help if you need to take further action.

What If Your Landlord Refuses or Delays Repairs?

If your landlord does not respond after you make a written repair request, you have several options under Wisconsin law:

• File a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). The "Tenant Complaint Form" (Form: Tenant Complaint Form) lets renters report possible landlord violations.
• Withhold rent only if legally justified. Wisconsin does not allow rent withholding for most repairs unless specifically allowed by the courts. Seek legal advice before stopping payment.
• Contact local housing code enforcement. If your city or county has a building inspector, you can report habitability or code issues directly.
• Consider small claims court. For damages or unreturned deposits, renters may file a case with their local circuit court.

Key Official Form for Renters

• Tenant Complaint Form (DATCP):
  Download from DATCP
  Use when your landlord refuses repairs, doesn't return a security deposit, or violates Wisconsin rental law. Example: Send a written repair request. If ignored for a reasonable time, file the form with DATCP. Submit via email or mail as directed on the form.

Relevant Tribunal for Wisconsin Renters

Wisconsin does not have a single housing tribunal, but Wisconsin Circuit Courts handle small claims (including landlord-tenant disputes). For consumer complaints, the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Landlord-Tenant Program is the main agency.

Legislation Governing Repairs and Habitability in Wisconsin

Key laws include:

• Wisconsin Statutes Chapter 704: Landlord and Tenant Law
• ATCP 134: Residential Rental Practices

More details on these rights can be found through the Wisconsin Landlord-Tenant Guide.

FAQ: Renter Repair Rights in Wisconsin

1. What repairs must my landlord make by law?
   Landlords must fix anything affecting health and safety, including heating, plumbing, and electrical systems, and keep the premises up to housing code standards.
2. How long does my landlord have to make repairs?
   Repairs must be made in a "reasonable" time, depending on the urgency of the problem. Life/safety issues should be addressed promptly.
3. Can I withhold rent if repairs are not made?
   Generally, no. Wisconsin law does not allow rent withholding for repairs except in very limited circumstances and after court approval.
4. What official form can I use to complain?
   Use the DATCP Tenant Complaint Form to report repair or legal violations to the state.
5. Where do I sue my landlord in Wisconsin for unaddressed repairs?
   Most landlord-tenant disputes go to Wisconsin Circuit Court Small Claims Division.

Conclusion: Key Takeaways for Wisconsin Renters

• Wisconsin landlords are legally required to keep rentals in safe, habitable, and code-compliant condition.
• Make all repair requests in writing and keep a copy for your records.
• If repairs are not made, renters can file a DATCP Tenant Complaint Form or seek help from local authorities.

Address issues as soon as possible and know your rights to maintain a safe home.

Need Help? Resources for Renters

• Wisconsin DATCP Landlord-Tenant Program: State enforcement and complaints
• DATCP Tenant Complaint Form (PDF)
• Wisconsin Landlord and Tenant Law (Chapter 704)
• ATCP 134: Residential Rental Practices (PDF)
• Wisconsin Circuit Courts: Small Claims Information
• Landlord-Tenant Guide (Wisconsin DATCP)

---

1. See: Wisconsin Statutes Section 704.07: Repairs; untenantable dwellings
2. See: Wisconsin Administrative Code ATCP 134.04: Repair responsibilities of landlords
3. See also: DATCP Landlord-Tenant Program

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations