Wisconsin Renters: Navigating Secondhand Smoke Complaints

Living in multi-unit housing means that some renters in Wisconsin may encounter issues with secondhand smoke drifting from neighboring apartments or common areas. Protecting your health and understanding your rights as a tenant can feel overwhelming, but Wisconsin law provides several important avenues to address these concerns. This article outlines practical steps for renters experiencing secondhand smoke, explains your legal options, and points you to key official resources for support.

Your Rights as a Wisconsin Renter

Wisconsin does not have a statewide law banning smoking in private rental units. However, tenants are protected by the Wisconsin Safe and Healthy Housing Law, which requires all rental properties to be maintained in a habitable condition. This means your home must be safe, sanitary, and fit for human habitation under Wisconsin Statutes Section 704.07. If secondhand smoke is creating a health hazard or making your rental uninhabitable, your landlord may have a responsibility to address the issue.^[1]

The Wisconsin Smoking Ban in Common Areas

State law bans smoking in the indoor common areas of apartment buildings with four or more units, such as hallways, community rooms, and lobbies, per the Wisconsin Statutes Section 101.123 (the Clean Indoor Air Law). Landlords must post signage and enforce this ban.^[2]

First Steps: Addressing Secondhand Smoke with Your Landlord

If you're experiencing unwanted secondhand smoke in your home or common areas, Wisconsin renters are encouraged to:

• Document the dates, times, and location of secondhand smoke incidents.
• Check your lease for any no-smoking rules or policies.
• Politely notify your landlord or property manager in writing, describing the problem and how it affects you.

If the issue isn’t resolved through informal steps, you have more options below.

Filing an Official Complaint

For smoke intruding from common areas in buildings with four or more units, you can file a complaint with your local health department or request enforcement by the Wisconsin Department of Health Services. Many cities and counties have local ordinances with their own complaint processes. Contact your local public health office to learn more: Find Wisconsin local health departments.

Lodging a Complaint About Unsafe Living Conditions

If smoke makes your rental uninhabitable, you may also file a complaint with your local building inspector or housing authority. This can trigger an inspection to determine if the landlord is meeting habitability standards. If violations are found, landlords may be required to make changes or repairs.

Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)

The DATCP handles many landlord-tenant complaints in Wisconsin. If your landlord does not address your concern, you can submit a formal complaint online using:

• Landlord-Tenant Complaint Form (ATCP 134)
  When to use: If you have already contacted your landlord about a health/safety/maintenance concern, such as secondhand smoke exposure, but did not receive a satisfactory response.
  How to use: Complete the official DATCP Landlord-Tenant Complaint Form online or by mail. Include clear descriptions, documentation of the issue, and any written communications with your landlord.
  Submit a Landlord-Tenant Complaint Form (DATCP)

Enforcement and Dispute Resolution

While there is no specific "smoke-free housing tribunal" in Wisconsin, certain disputes may escalate to small claims court or be mediated through local housing authorities. If you feel your landlord failed to maintain a habitable property, you may wish to seek legal help or contact the following official entity:

• Wisconsin Department of Agriculture, Trade and Consumer Protection – Consumer Protection Bureau: DATCP Home

This state department is responsible for enforcing rental law, including the Wisconsin Administrative Code ATCP 134: Residential Rental Practices.^[3]

Summary: Forms and Actions

• Landlord-Tenant Complaint Form (ATCP 134) — File after written landlord contact with no remedy. This helps document your complaint with the state.
• No specific secondhand smoke form exists; cite health concerns or habitability issues on the above complaint or with your local inspector.

FAQ: Secondhand Smoke Issues for Wisconsin Renters

1. Can my landlord ban smoking in my apartment in Wisconsin?
   Yes, landlords are allowed to include no-smoking policies in leases or update rules for new leases. They must provide reasonable notice if changing rules for existing tenants.
2. What if my lease does not mention smoking?
   If your lease is silent on smoking, the property does not have to be smoke-free. However, you can still address harmful secondhand smoke if it threatens health or violates local rules for common areas.
3. What steps should I take if secondhand smoke is affecting my health?
   Document the problem, notify your landlord in writing, and file an official complaint (using the DATCP form) if needed. Contact your local health department for further help.
4. Where do I file official complaints about secondhand smoke in common areas?
   Contact your local health department or housing inspector, who can enforce Wisconsin's Clean Indoor Air Law and building codes.
5. Which laws apply to my situation?
   The key laws are Wisconsin Statutes Section 704.07 on habitability, Wisconsin Statutes Section 101.123 for common area smoking bans, and ATCP 134 on rental practices.

Key Takeaways for Renters

• Wisconsin law prohibits smoking in apartment common areas, but not in private units (unless your lease says otherwise).
• If secondhand smoke makes your rental unlivable, notify your landlord in writing and keep records.
• You have the right to file formal complaints with local authorities or the DATCP if the situation is not addressed.

Documenting issues and knowing your rights empowers you to seek a healthy rental environment in Wisconsin.

Need Help? Resources for Renters

• Wisconsin DATCP Landlord-Tenant Guide — Understand your rental rights and responsibilities.
• Landlord-Tenant Complaint Form — File complaints online or by mail.
• Local Health Departments Directory — Report health and habitability concerns.
• HUD Wisconsin Renter Rights — Additional tenant protections and fair housing resources.
• If you need legal support, visit the State Bar of Wisconsin: Finding a Lawyer page.

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1. Wisconsin Statutes Section 704.07 – Maintenance and Repair
2. Wisconsin Statutes Section 101.123 – Clean Indoor Air Law
3. Wisconsin Administrative Code ATCP 134: Residential Rental Practices

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