Wisconsin Renters’ Rights: Safe Drinking Water in Rentals

When you rent a home or apartment in Wisconsin, you have the right to expect that your drinking water is safe and healthy. Wisconsin law requires landlords to provide habitable properties, which includes meeting health and safety standards for water quality. This guide explains your rights, the responsibilities of your landlord, and what you can do if your drinking water is unsafe or contaminated in a Wisconsin rental.

Understanding Drinking Water Standards for Wisconsin Rentals

Wisconsin has specific laws and regulations in place to ensure tenants have access to safe drinking water. These rules apply whether water comes from a municipal supply or a private well.

Landlord Responsibilities for Water Safety

• Landlords must provide water that meets Wisconsin’s rental property habitability requirements.
• Properties with private wells must ensure water does not exceed state health standards for contaminants like bacteria or nitrates.
• Rental homes must not have unsafe water fixtures, piping, or systems that could cause contamination.
• If a problem is found, landlords are required to address and fix issues within a reasonable time.
• If municipal water is cut off through no fault of the renter, the landlord may be responsible for correcting the situation.

For a detailed list of water quality standards, you can review the Wisconsin Department of Natural Resources (DNR) Private Well Code (Wis. Admin. Code NR 812).

What If You Suspect Unsafe Drinking Water?

If your water tastes, smells, or looks unusual, or if you become ill and suspect the water is to blame, it’s important to act promptly. Unsafe drinking water can pose risks to your health and your family's well-being.

• Immediately inform your landlord of the issue, preferably in writing (email or letter).
• Request that your landlord test the water for safety or provide recent testing documentation (especially for private wells).
• If you do not get a prompt response or the water tests as unsafe, you can contact your local health department or the Wisconsin Department of Natural Resources (DNR), which oversees water safety investigations.
• If urgent, consider using bottled water and keep records of related expenses.

Filing a Complaint or Requesting Investigation

If your landlord fails to address water safety concerns, you can take formal steps:

• File a complaint with your county or municipal health department.
• Contact the Wisconsin DNR about water supply or well safety issues.
• Seek help from the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Tenant Resource Center for dispute resolution and rights education.

If your drinking water poses a health risk and your landlord does not resolve it, you may have the right to withhold rent or end your lease early. Always get legal advice before withholding rent or moving out.

Relevant Official Forms for Renters

• Water Sample Collection Form (DNR 1416): Used if you or a health official collect a water sample for laboratory testing.
  How to Use: If your rental uses well water and you arrange water testing, this form is filled out to ensure proper documentation.
  Download the Water Sample Collection Form
• Rental Complaint Form (DATCP Form TR-277): Submit if your landlord refuses to address unsafe drinking water.
  How to Use: Complete and send to the DATCP after attempting to resolve the issue with your landlord.
  Access the Rental Complaint Form

Which Tribunal Handles Rental Disputes?

In Wisconsin, most rental disputes—including those over water safety—are handled in municipal or small claims court. The state does not have a specialized residential tenancy tribunal, but DATCP offers guidance and informal mediation. Always keep copies of complaints, test results, and landlord communications if your case is escalated.

Governing Tenancy Legislation

Wisconsin renters are protected under Chapter 704 of the Wisconsin Statutes—Landlord and Tenant Law and the related Wisconsin Administrative Code, Chapter ATCP 134 (Residential Rental Practices).

Frequently Asked Questions

1. What should I do if my Wisconsin rental’s tap water smells or tastes strange?
   Contact your landlord in writing right away, request recent water quality test results (especially if you’re on a private well), and ask for prompt investigation. If there’s no action, contact your local health department for guidance.
2. Does my landlord have to pay for water testing in Wisconsin rentals?
   For private well properties, landlords are generally responsible for ensuring safe water and may be required to cover testing costs, especially if water safety is questioned.
3. Can I end my lease if drinking water is unsafe and the landlord refuses to fix it?
   Potentially, yes. Wisconsin law may allow you to break your lease if water contamination is ignored. Seek assistance from DATCP or legal aid before taking action.
4. Which agency can help me if my landlord ignores drinking water complaints?
   File a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) and your local health department. They provide mediation, investigation, and consumer support options.
5. Is bottled water reimbursement required if my rental’s tap water is unsafe?
   Landlords may be responsible for supplying or reimbursing tenants for safe drinking water if existing water is unsafe due to their failure to maintain it. Keep all receipts and document requests.

Key Takeaways for Wisconsin Renters

Safe drinking water is a basic right for all renters in Wisconsin. Here’s what you need to remember:

• Landlords must provide safe, drinkable water that meets state standards.
• You have official channels to address neglected water safety issues.
• Always document your concerns and responses—written records are key.

Need Help? Resources for Renters

• DATCP Landlord-Tenant Resources: For information, mediation, and complaint forms
• Wisconsin Local Health Departments: File water quality concerns or get local help
• Wisconsin DNR Drinking Water Program: Private well and municipal water safety
• Wisconsin Small Claims Courts: For formal disputes over rental conditions

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1. Wisconsin Statutes – Chapter 704 Landlord and Tenant Law
2. Wisconsin Administrative Code – Chapter ATCP 134 Residential Rental Practices
3. Wisconsin DNR Private Well Code (NR 812)
4. DATCP Rental Complaint Form TR-277
5. DNR Water Sample Collection Form 1416

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