Wisconsin Renters’ Rights During Storms and Flood Emergencies

Severe weather, such as storms and flooding, can disrupt life for renters in Wisconsin. Knowing your rights and the responsibilities of your landlord during such emergencies can help you protect your home, your property, and your safety. This guide covers emergency protections for Wisconsin renters, including your landlord's duties, emergency repairs, and steps you can take if your apartment becomes unsafe due to a storm or flood.

Emergency Protections for Wisconsin Renters

Wisconsin law requires landlords to keep rental properties safe and habitable, even during natural disasters. Wisconsin Statutes Chapter 704 - Landlord and Tenant Law outlines these duties. If a storm or flood damages your rental unit, your landlord generally must:

• Make necessary repairs to keep your unit habitable and safe
• Respond to emergency maintenance requests promptly
• Provide notice if entry is needed for repairs or inspections, except in urgent emergencies

If your rental becomes uninhabitable because of storm or flood damage, you may be eligible for rent reduction or to end your lease early. Contact your landlord immediately if you experience significant damage. Keep records of all communications and document the damage with photos or videos.

Health and Safety Standards

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP - Landlord/Tenant Resources) oversees landlord-tenant rights and specifies that landlords must keep rental units free from hazards that affect tenant health and safety, including excessive standing water, mold, and power outages caused by storms.

What To Do If Your Rental Is Damaged by a Storm or Flood

• Contact your landlord right away to report any damage or unsafe conditions.
• Document the damage with photos, videos, and a written description.
• If your landlord does not make emergency repairs promptly, you have options, including requesting repairs in writing or contacting local housing authorities.

Requesting Emergency Repairs: Forms and Steps

There is no single standard statewide form for emergency repair requests in Wisconsin. However, certain processes and templates are recommended by official agencies:

• Repair Request or Complaint Letter: Use a written notice to your landlord, clearly describing the damage and required repairs. You can find official sample letters on the Wisconsin Tenant Repair Request Letter (sample PDF).
  • When to use: If your landlord fails to respond promptly to an emergency, submit this letter as soon as possible.
  • How to use: Send it via certified mail or email and keep a copy for your records.
• Tenant Complaint Form: If unresolved, you may file a formal complaint with DATCP using the DATCP Tenant Complaint Form .
  • When to use: If repairs are not made and the property remains unsafe after written notice.
  • How to use: Complete and mail or email as instructed on the official form. Add documentation of damage and communications.

Visit the DATCP Landlord/Tenant Resources page for updated forms and procedures.

Tenant Tribunals and Legal Protections in Wisconsin

Residential tenancy disputes, including those arising from storm or flood damages, are handled by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). While Wisconsin does not have a specialized housing court, renters can seek help through DATCP or pursue claims in small claims court. For legal processes and tenant rights, see the full Wisconsin Statutes Chapter 704 - Landlord and Tenant.¹

Steps to Take if Landlord Does Not Respond After Storm Damage

• Submit a written repair request and keep a copy
• If no action is taken, file a formal complaint using the DATCP Tenant Complaint Form
• Consider contacting local building inspectors to determine if the unit is uninhabitable
• If the property is condemned or unsafe, seek assistance for temporary housing and consult legal services

These steps help document your concerns and protect your rights as a tenant.

FAQ: Common Questions About Storm and Flood Emergency Rights

1. What should I do first if my apartment is damaged by flooding?
   Contact your landlord immediately, document the damage thoroughly, and make sure you keep records of all communication.
2. Am I responsible for emergency repairs if my landlord is unavailable?
   Generally, landlords are responsible for repairs, but in an immediate emergency, you may make minimal repairs to prevent further damage. Keep receipts and notify your landlord.
3. Can I stop paying rent if my unit becomes uninhabitable?
   You may be able to withhold rent or terminate the lease, but you must follow proper notice procedures and seek advice from DATCP or legal aid before taking action.
4. Is there an official complaint form for renters in Wisconsin?
   Yes. The DATCP Tenant Complaint Form allows renters to file formal complaints if repair requests are ignored.
5. Who enforces renters’ rights after a natural disaster in Wisconsin?
   The Wisconsin Department of Agriculture, Trade and Consumer Protection investigates tenant complaints and enforces rental law protections.

Key Takeaways for Wisconsin Renters

• Wisconsin renters are protected by law in storm and flood emergencies
• Landlords must make emergency repairs to keep units safe and habitable
• Use official DATCP forms for repair requests and complaints if needed
• Seek guidance from DATCP or local housing authorities for urgent help

Need Help? Resources for Renters

• Wisconsin Department of Agriculture, Trade and Consumer Protection: Landlord/Tenant Resource Center — Information, forms, complaint process
• DATCP Tenant Complaint Form (PDF download)
• Wisconsin Courts: Landlord/Tenant Self-Help Center
• Legal Action of Wisconsin — Free or low-cost civil legal help for eligible tenants
• City of Milwaukee Code Enforcement (for Milwaukee-area renters)

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1. Wisconsin Statutes Chapter 704 - Landlord and Tenant
2. Wisconsin DATCP - Landlord/Tenant Resources
3. DATCP Tenant Complaint Form
4. Wisconsin Courts: Landlord/Tenant Self-Help

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