Wisconsin Renters: Pest Control Rights and Next Steps

If you’re renting an apartment in Wisconsin and find yourself dealing with pests—like cockroaches, bed bugs, rodents, or ants—it’s important to know your rights and responsibilities under state law. Pest infestations are not just a nuisance; they affect your health, safety, and comfort at home. This article explains what you can do if pests become a problem, who is responsible, and how to ensure your landlord addresses your concerns promptly and lawfully.

Understanding Pest Control Responsibilities in Wisconsin Rentals

Pest infestations fall under the broader obligation for landlords to maintain “fit and habitable” rental properties, as required by Wisconsin’s rental laws found in Wisconsin Statutes Chapter 704 and Administrative Code ATCP 134.¹ Landlords must keep apartments in reasonable repair and comply with local housing codes, which usually include eradicating pests.

• Landlords are generally responsible for handling most pest issues unless you, as the tenant, caused the infestation through negligence or lack of cleanliness.
• If the pests appeared before you moved in or due to building conditions, the landlord must pay for extermination.

If you suspect pests, document evidence with photos or videos and notify your landlord in writing as soon as possible.

What Should Renters Do First?

Taking quick and documented action helps protect your rights. Here’s what most renters should do when they find pests:

• Take clear photos or videos of the pests and any damage.
• Notify your landlord in writing (email, online portal, or letter). Clearly state the nature and location of the problem and when you noticed it.
• Request prompt treatment and ask for a proposed timeline.

Using Wisconsin’s Tenant Complaint Resources

If your landlord does not act within a reasonable time, you may file a complaint with the local city or county health or building inspection department. They can inspect your unit and order repairs or treatments if necessary.

• For Milwaukee: Milwaukee Health Department Online Complaint Form
• For Madison: City of Madison Building Inspection Complaint Form

Submit your complaint with supporting documents and correspondence.

Wisconsin Official Forms To Know

• Tenant Complaint Form (varies by city or county): Used to file a formal complaint if your landlord fails to address infestations. E.g., use Milwaukee’s Complaint Form or Madison’s Online Complaint Form.
• Written Notice to Landlord: While not an official statewide form, written documentation of your pest complaint and repair request is essential as evidence if a dispute arises.

Keep copies of all forms, notifications, and responses for your records.

What Happens If the Problem Is Not Fixed?

If your landlord fails to act after being notified, Wisconsin renters have several routes to pursue:

• File a complaint with your local health or building department.
• If inspection confirms violations, the city may require the landlord to address pest problems.
• Certain unresolved conditions may give tenants rights to withhold rent or abate rent, but do not withhold rent without first consulting resources or a legal advisor.

If further action is required, disputes may be addressed through your local small claims court or, for Milwaukee County, through the Milwaukee County Small Claims Court.²

FAQ: Wisconsin Renters and Pest Infestations

1. Who is responsible for getting rid of pests in a Wisconsin apartment?
   Generally, the landlord must address pest infestations unless the tenant’s actions caused them.
2. Can I withhold rent if my landlord won’t treat a pest problem?
   Withholding rent is risky; contact local health departments or legal aid first. There are specific legal steps in Wisconsin for rent abatement.
3. What official form do I use to report a pest problem?
   Use your city or county’s Tenant Complaint Form. For example, Milwaukee renters can file via the Milwaukee Health Department Complaint Form.
4. What proof should I keep about a pest problem?
   Keep written records, photos or videos, landlord correspondence, and complaint forms.
5. What government agency oversees residential tenancy disputes in Wisconsin?
   Small claims matters, including repair disputes, are handled by the Wisconsin Circuit Court Small Claims Division.

Key Takeaways for Wisconsin Apartment Renters

• Landlords must keep apartments habitable and address pest infestations unless you caused the issue.
• Always notify your landlord in writing and document the problem.
• If issues persist, file a complaint with your local health or building department and keep all supporting documents.

Understanding your rights—and taking prompt, well-documented action—helps resolve pest issues and maintain your quality of life.

Need Help? Resources for Renters

• Wisconsin Department of Agriculture, Trade and Consumer Protection – Consumer Protection
• State Bar of Wisconsin: Find Legal Help
• Wisconsin Circuit Court Small Claims Division – Tenant-Landlord Disputes
• Contact your county or city health department for local housing complaint resources

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1. See the Wisconsin Administrative Code ATCP 134.07 – Responsibilities for Repairs and Wisconsin Statutes Chapter 704 – Rental of Dwelling Units.
2. Wisconsin Circuit Court Small Claims Division – Tenant-Landlord Disputes

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