Wisconsin Renters’ Rights: Mold Problems and Repairs

Mold in rental housing is a serious concern for many Wisconsin renters. While Wisconsin law sets basic standards for safe and livable homes, knowing your rights and responsibilities is key to resolving mold issues quickly and fairly. This guide explains your rights when it comes to mold problems, landlord duties, repair timelines, and practical steps you can take if you discover mold in your apartment or rental house.

Understanding Wisconsin Mold and Habitability Laws

Under Wisconsin’s Landlord and Tenant Law (Wis. Stat. § 704) and the Wisconsin Administrative Code ATCP 134, landlords are required to keep rental units safe and in good repair. While there's no state law that specifically names ‘mold’ as a violation, the law does require landlords to fix building conditions that put tenants’ health or safety at risk, which often includes significant mold issues.

What “Habitability” Means

• The premises must be maintained in a reasonable state of repair
• Rental units must be kept free from conditions that are hazardous to health
• Problems like chronic leaks or plumbing failures that cause mold are landlord responsibilities to repair

If you experience major mold growth due to leaks, flooding, or landlord neglect, the property may no longer be legally “habitable.”

Common Causes and Signs of Mold Problems

It’s helpful to know what causes mold and how to document it:

• Leaky plumbing, roofs, or poorly sealed windows
• Visible black, green, or white fuzzy spots on walls, ceilings, or floors
• Persistent musty or earthy odor

Take pictures and notes as soon as you spot possible mold. This documentation is vital if you need to file a complaint.

What Are Your Rights and Your Landlord’s Duties?

Wisconsin law requires landlords to repair and maintain the property so it is fit and safe to live in. If you report a mold problem—especially one that endangers your health—your landlord must act promptly to fix it. If the mold is caused by your own negligence (for example, not using a bathroom fan or failing to report a leak), the landlord may not be responsible.

How to Report Mold: Required Forms and Action Steps

To keep your rights protected, always provide written notice to your landlord about the mold issue. While the state does not provide a specific form for mold complaints, you can use a general repair request. Here is one official tool:

• Tenant’s Request for Repairs Form (use a formal written notice, dated and signed by you).
  If your landlord doesn’t respond or fix the mold in a reasonable time after you submit the request, you may take additional action.

For guidance and complaint help, contact the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). They offer a Tenant Complaint Form (DATCP Form) for unresolved issues, which can be submitted if the landlord does not repair hazardous conditions like mold.

• Tenant Complaint Form (DATCP) – Use when the landlord fails to fix dangerous mold after notice.
  Download from the official DATCP site and follow instructions to file.

What If Repairs Don't Happen? Next Steps and Your Options

If your landlord fails to take action, you may:

• File a formal complaint with DATCP
• Contact your local housing inspector or health department for an inspection
• Consider withholding rent only after seeking legal advice and ensuring you comply with all legal steps (withholding rent improperly can risk eviction)
• Seek mediation through the Wisconsin Court System Small Claims process

If disputes escalate, the Wisconsin Circuit Court system typically handles legal matters involving habitability and repairs, including any claims for rent abatement or orders to force repairs.

FAQ: Mold and Rental Rights in Wisconsin

1. What should I do first if I find mold in my apartment?
   Notify your landlord in writing, describe and document the mold (with photos if possible), and request repairs immediately.
2. Is my landlord responsible for all mold problems?
   Landlords must repair problems that make the home unsafe or unhealthy, including serious mold caused by plumbing leaks or structural issues not caused by tenants.
3. Can I break my lease because of mold in Wisconsin?
   If mold renders your apartment truly uninhabitable and repairs are not made after proper notice, you may have the right to break your lease, but always seek legal advice first.
4. How long does my landlord have to fix a mold issue?
   There’s no specific timeline under Wisconsin law, but repairs must be made within a "reasonable time" after written notice, depending on the severity.
5. Who can I contact for help if my landlord ignores my mold complaint?
   You can submit a complaint to the Wisconsin DATCP or your local health department.

Conclusion: Key Takeaways for Wisconsin Renters

• If you find mold, notify your landlord in writing and keep records
• Landlords must keep rentals habitable, which includes addressing serious mold
• File a DATCP complaint or seek legal advice if repair requests go unanswered

Prompt action and documentation help protect your rights and your health.

Need Help? Resources for Renters

• Wisconsin DATCP Landlord-Tenant Resources
• Wisconsin Civil Court: Landlord-Tenant Actions
• Tenant Resource Center – Madison & Statewide Services
• Wisconsin Department of Health Services: Mold in Rental Housing
• For urgent cases, contact your local health department or building inspector

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1. Wisconsin Statutes Chapter 704: Landlord and Tenant Law
2. Wisconsin Administrative Code ATCP 134: Residential Rental Practices
3. Wisconsin DATCP Landlord-Tenant Program
4. Wisconsin Circuit Court: Landlord-Tenant Complaints

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