Wisconsin Renters: Requesting Pre-Move-In Repairs & Your Rights

Every renter deserves to start their Wisconsin tenancy in a safe and well-maintained home. Sometimes, however, you may notice damage, needed repairs, or missing amenities before moving in. Understanding your rights, available forms, and how to formally request repairs can help ensure your new home is up to standard and legally compliant.

Understanding Repair Rights Before Move-In

In Wisconsin, landlords are legally required to maintain rental properties in a condition that meets building and health codes, ensuring premises are safe and fit to live in. If you notice problems during your move-in inspection—like leaky plumbing, broken windows, pests, or unsafe wiring—you have the right to ask the landlord to make repairs before your tenancy officially begins.

Key Legal Protections for Wisconsin Renters

• Landlords must keep rental units in safe, habitable condition (Wisconsin Statutes § 704.07).
• You have the right to inspect the unit before signing your lease or moving in.
• If the unit is not habitable or there are material repairs needed, you may have grounds to delay move-in, negotiate rent, or even cancel the lease in severe cases.

Wisconsin’s Department of Agriculture, Trade and Consumer Protection (DATCP) oversees residential tenancy matters. Visit the DATCP Landlord-Tenant Law page for more details.

How to Perform and Document Your Move-In Inspection

Begin by doing a walk-through of the rental unit with the landlord present, noting all visible issues. Document everything in writing and with photos. This documentation protects you if there are disputes about the property’s condition later.

Wisconsin Check-In/Check-Out Form (DATCP Form TR-143)

• Name: Check-In/Check-Out Form (DATCP Form TR-143)
• Use: This form lets you record the condition of the rental when you move in and out. Fill out the form during your first inspection, detailing every repair, damage, or defect. Ask your landlord to sign it or initial each entry, then keep a copy.
• Official Link: Check-In/Check-Out Form (DATCP TR-143)

Example: If you see water damage under the sink and loose carpeting in the hallway, write these on the form during your initial inspection. This record supports your request for repairs and can limit disputes over your security deposit when you move out.

How to Demand Repairs Before Move-In

If you find issues during your inspection, formally request repairs from your landlord in writing. Written requests offer proof and help protect your rights under Wisconsin law.

1. List each problem clearly (e.g., "Living room window cracked" or "Smoke detector missing").
2. State that you are requesting the issues be fixed before you move in.
3. Attach copies or photos for documentation, if possible.

Keep a copy of your repair request and any communications with your landlord. If your landlord refuses or ignores your request, you may negotiate move-in terms, request a rent reduction, or contact the DATCP for further guidance.

What to Do If Repairs Are Not Made

If the landlord does not complete necessary repairs before move-in and the unit is uninhabitable or unsafe, you may:

• Delay your move-in date and withhold rent until repairs are done.
• Request a written agreement outlining when repairs will be completed.
• File a complaint with the Wisconsin DATCP using their Consumer Complaint Form.

Serious health or safety violations may also be reported to your local building inspector. Landlords may not retaliate against tenants who exercise their legal rights (Wisconsin Statutes § 704.45).

FAQ: Pre-Move-In Repairs and Renters' Rights in Wisconsin

1. Can I refuse to move in if repairs aren’t made?
   If the rental unit is not habitable or violates health and safety codes, you may be able to delay move-in, negotiate terms, or even cancel the lease in severe situations.
2. Does my landlord have to fix everything before I move in?
   Landlords must complete repairs that affect the health, safety, or habitability of the property before you move in. Minor cosmetic issues may not be required by law.
3. What if my landlord refuses repairs I’ve requested?
   If reasonable requests are ignored, you can contact Wisconsin DATCP, file a complaint, or in some cases, withhold rent or seek legal advice.
4. Is the Check-In/Check-Out Form mandatory?
   No, but it is highly recommended and serves as crucial evidence for deposit disputes or condition claims.
5. Can a landlord keep my security deposit if I note repairs before move-in?
   If you document these issues on the Check-In Form upon moving in, the landlord should not deduct them from your security deposit when you eventually move out.

Key Takeaways for Wisconsin Renters

• Always document the unit's condition and submit written repair requests before moving in.
• Use the official DATCP Check-In/Check-Out Form to protect your security deposit and clarify responsibilities.
• Wisconsin law protects your right to habitable living conditions and fair dispute resolution.

A clear record and understanding your legal protections make for a smoother, safer start to your tenancy.

Need Help? Resources for Renters

• Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Landlord-Tenant Law
• File a Consumer Complaint with DATCP
• Official Check-In/Check-Out Form (DATCP TR-143)
• Wisconsin State Bar: Landlord/Tenant Information
• Contact your local Department of Administration for rental assistance and inspection referrals.

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1. Wisconsin Statutes § 704.07 «Landlord’s duty to maintain premises» — Read full text
2. Wisconsin Statutes § 704.45 «Rental property — Prohibition on retaliation» — Read full text
3. Wisconsin DATCP Landlord-Tenant Law — Official page
4. Wisconsin DATCP Check-In/Check-Out Form (TR-143) — Download here

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