In Wisconsin, a landlord’s obligation for providing a habitable living space is primarily governed by Wis. Stat. Prop. § 704.07. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Cold/Hot Water, HVAC, Plumbing, Electrical, Sanitation Facilities |
| Time Limit for Repairs | “Reasonable” Time Frame |
| Tenant Recourse Options |
|
Applicable Dwelling Types in Wisconsin
The implied warranty of habitability in Wisconsin does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | No |
| RV parks | Not addressed |
| Mobile home parks | Yes |
| Condos | Not addressed |
| Hotels/Motels | Only if person resides in hotel/motel for more than 60 consecutive days |
Landlord Responsibilities in Wisconsin
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Wisconsin, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Not addressed |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Not addressed |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | Yes |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Yes |
| Provide working gas lines if used for utilities/cooking | Not addressed |
| Provide working sanitation facilities (bathtub/shower, toilet). | Yes |
| Provide a trash can (for trash pickup services). | Not addressed |
| Ensure that any stairs and railings are safe. | Not addressed |
| Ensure that all floors are in good condition and safe. | Not addressed |
| Provide fire exits that are usable, safe, and clean. | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox. | Not addressed |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | Not addressed |
| Provide working carbon monoxide detector. | Yes |
| Provide a working washer/dryer. | Not addressed |
Disclosing Habitability Issues
Wisconsin landlords are required to disclose any of the following conditions to prospective tenants prior to signing a lease:
- Lack of running water.
- Non-working plumbing or sewage disposal systems.
- No electricity or bad wiring, dangerous outlets, etc.
- Heating system does not work.
- Structural or other issues that could affect a resident’s health or safety.
These disclosures are not included in owner-occupied buildings with four or more dwelling units. However, tenants may still choose to rent units that have these issues.
Note that Wisconsin law doesn’t address landlord responsibilities in detail at the state level; however, landlords are required to maintain “fit” premises and comply with building and housing codes.
In addition, the municipality in which the rental property is located may have additional requirements that landlords must follow.
Repairs, Recourse and Retaliation in Wisconsin
If a rental property is in violation of the implied warranty of habitability in Wisconsin, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in Wisconsin
Wisconsin tenants must request repairs by giving the landlord written notice of the issue that needs fixing. The request can be personally given to the landlord or the landlord’s agents, served by a process server, or delivered via registered or certified mail.
Renter’s Rights if Repairs Aren’t Made in Wisconsin
Renters in Wisconsin have the right to repairs for issues they didn’t cause which affect health and safety. The landlord must make repairs “promptly” after receiving proper notice about an issue.
If the landlord fails to repair the issue promptly, the renter can move out or reduce (abate) rent payments. However, the renter is not allowed to repair and deduct the cost from rent, or withhold rent payments entirely. Read More
Landlord Retaliation in Wisconsin
In Wisconsin, it’s illegal for landlords to retaliate by evicting, canceling an automatic lease renewal, reducing utility services, or another action that constructively evicts a tenant who has taken one of these protected actions:
- Reporting or suing over a code violation.
- Participating in a tenant organization.
- Pursuing rights under state or local law.
Wisconsin tenants can respond to retaliation by suing for double the economic damage caused. They might also seek an injunction. If the tenant wins, he gets to recover reasonable court costs and attorney fees. The state of Wisconsin might also prosecute the landlord for unfair trade practices.
In addition to other penalties, if the landlord uses an unlawful lease provision to try and retaliate against a tenant or deny the tenant’s right to a habitable dwelling, recent Wisconsin caselaw requires the landlord to return ALL rent paid during the entire tenancy.
Sources
Sources
- 1 Koble v. Marquardt, App. No. 2022AP182 at 46 (Wi. App. April 23, 2024)
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…when a transaction [including a covenant to rent] is void, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount and shall be entitled to recover any sums paid to the merchant pursuant to the transaction.
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