Tenant Rights

Laws to know:

• Wis. Stat. 704,07(2)(a)2: Landlords must keep all essential equipment they control – like heat, water, elevators, and air conditioning – in good working order to provide agreed-upon services for tenants.
• ATCP 134.04(2)(b)2: Landlords must ensure heating systems are safe & can keep all living areas at a minimum of 67°F (19°C) year- round. Temperature should be measured in the center of the room, between the floor & ceiling. This applies to all properties occupied by tenants, even if code authorities haven’t reported issues.

Did you know?

• From November 1st to April 15th, Wisconsin law prevents utility companies from shutting off heating services, even if bills aren’t paid.
• After April 15th, utilities can be disconnected unless payment arrangements are made.

What Do I Do if My Landlord Violates These Laws?

1. Contact your landlord ASAP, and track your communication (texts, emails)
2. Look into options on reporting if there is no resolution (see below)
3. Keep track of the temperatures in the room
4. Reach out for legal assistance (see below) or end lease and find other living arrangements if necessary.

Who Can I Report My Landlord To?

• State of Wisconsin Department of Agriculture, Trade, and Consumer Protection
• City of Milwaukee Department of Neighborhood Services (DNS)

Resources to Know:

• Wisconsin’s Law Library
• Law for Learners
• Marquette Legal Clinic
• Milwaukee Bar Association

Resources for Assistance with Heating Bill & Rent:

• UWM Emergency Grant
• Wisconsin Emergency Rental Assistance (WERA) program
• Wisconsin Home Energy Assistance Program (WHEAP) is available to income-eligible households

Laws To Know:

• Wis.Stat.s.704.07(3). Duty of Landlord:
  • Landlords must:
    • Keep all areas they control in good repair.  
    • Maintain essential equipment, like heat, water, elevators, and air conditioning.  
    • Make necessary structural repairs.  
    • Fix or replace any pluming, electrical, or equipment provided with the rental if it’s not working, unless damaged by tenant misuse. 
    •  Follow the local housing codes 
  • Landlords remain responsible for repairs affecting all tenants, even if one tenant is negligent.
  • Before entering into a rental agreement or accepting deposits, landlords must inform prospective tenants of any known building or housing code violations that:
    • They are aware of. 
    • Affect the rental unit or common areas. 
    •  Pose a significant health or safety threat.
    •  Have not been corrected.

Did You Know?

• Your landlord is not required to provide all appliances like washer/dryer or kitchen appliances. 
• But your landlord must maintain all appliances that are provided and detailed in your lease – unless the damage is the tenant’s fault!  

Implied Warranty of Hospitality

• In Wisconsin, landlords must provide and maintain safe, livable rental properties. This is required by law, even if it’s not mentioned in the lease or if the lease tries to waive this responsibility.  
• Examples of clear violations of habitability include: 
  • Exposed electrical wiring.
  • A pipe leaking human waste. 
  • A broken front doorknob that cannot be locked. 

Landlords Must Fix:

• Clogged drains 
• Running hot and cold water 
• Plumbing Damage to appliances (fridge, oven etc.) 
• Mold 
• Pests
•  Washer/dryer  
• The landlord DOES NOT have to fix damages caused by the tenant!

Responsibilities for Damage & Repairs: 

• If a tenant causes damage, the landlord may allow the tenant to fix it or choose to repair it themselves.  
• If the landlord handles it, the tenant must pay the reasonable cost, which includes materials, labor, or hiring contractors.  

Month to Month Leases:

• The landlord can end the rental agreement by giving the tenant written notice at least 28 days before the next rent is due.  
• The tenant should follow the same process to notify the landlord if they want to end the rental agreement, unless both parties agreed to give more notice.  
• Tenants may serve the written notice in person or by certified or registered mail.

6-Month to 1-Year leases:

• The rental agreement usually ends automatically when the lease is up, unless it says otherwise.
• The landlord must remind you about thus at least 15 to 30 days before the notice deadline.
  • Otherwise, the landlord may not attempt to enforce the automatic renewal.

Breaking a Lease:

• You may be obligated to pay rent for the remainder of the lease unless another suitable tenant is found. 
  • However, the landlord must make reasonable efforts to find a substitute tenant and minimize any rent losses 
• You must notify the landlord in writing of your departure after you have vacated.
  • This starts the “21-day clock” for the return of your security deposit 
• Talk to your landlord about doing a final inspection of the unit. If they don’t agree, bring someone with you to witness the inspection.  

Security Deposit:

• If you paid a security deposit:
  • Your landlord must return it to you within 21-days after you move out
    • The landlord may deduct for unpaid rent or damages for which you are responsible
  • A standard deduction from your security deposit for cleaning or carpet cleaning is prohibited if you haven’t caused any damage, neglect, or if excessive cleaning is required. 
  • Deductions can also be made for your utility bills paid by the landlord (like quarterly water).

Types of Notices:

• Month-to-Month tenants can receive either a written “5-Day Quit or Pay Rent Notice” or a 14-day written notice to leave the property.
  • 5-day notice: this notice gives the tenant 5 days to either pau the rent or move out. If the tenant pays within that time, they can stay/ This notice can also be used if the tenant violates the rental agreement or damages the property 
  • 14- day Notice: If a tenant has failed to pay rent, violated the agreement, or caused damage, the landlord will specify that the tenancy has ended, and they must leave. In cases of violations, a 14-day notice is typically given instead of a 5-day notice 

Why Does This Occur? 

• Landlords must perform necessary repairs in a timely manner! 
• In Wisconsin, landlords must complete repairs “promptly” after getting written notice from tenants.
• Necessary repairs include any damages that make the living environment unsafe (broken heating, mold, etc.). The landlord IS NOT required to fix tenant caused damage.

What Can I Do? 

• If your landlord is not making the proper repair, you have a few options. But make sure you do your research and do it the right way! 
• You can be held liable or evicted if you do not follow the procedure for rent abatement/ withholding! 

Procedure 

1. Send a written notice to your landlord about the damage needing to be fixed. If you communicate over the phone, make sure to have a paper trail. This way you can show exactly when the landlord became aware of the issue.
2. Contact Milwaukee’s Department of Neighborhood Services (DNS) to access the property and the damages you are wanting to be fixed.
3. If the landlord still refuses to address the issue, DNS leaves you with two choices: 
   1. Rent withholding 
   2. Rent Abatement 

Withholding Rent 

• Tenants can apply to DNS for rental withholding. If approved, tenants would pay their rent in full to the department. DNS would send a receipt to the landlord to show proof of payment but will withhold rent until the issue is fixed. 
• Tenants cannot withhold the entirety of the rent from their landlord. This process still involves paying rent and can protect you from any liabilities.

Rent Abatement 

• Tenants can reduce a portion of their rent until the landlord fixes the issue. Tenants still need to pay a portion of their rent. This process is not through DNS and is determined by the tenant.
• The tenant should still ensure an inspection by DNS before beginning this process.

Warning 

• DO NOT fully withhold your rent from your landlord. If you withheld rent, you should go through DNS (where you would still be paying rent). Not paying any rent can result in an eviction.  
• Always keep a paper trail of the communication with the landlord 
• This process is only valid if the damage is causing a safety issue for the tenant and is not caused by the tenant 

Why Does This Occur? 

• Landlords cannot legally evict you without a cause 
• Causes may include:  
  • Not paying rent on time 
  • Staying on the premises after the lease ends 
  • Violating lease terms 
  • Illegal activity 
  • Imminent harm 

Process of Eviction 

1. Written notice 
2. Complaint filed with court 
3. Court holds and hearing and passes judgement 
4. Right of restitution is posted 
5. Possession of property is returned to landlord 

Illegal Eviction 

• A landlord cannot forcibly remove a tenant by changing the locks, shutting off utilities, or removing their belongings. It is also illegal for a landlord to evict a tenant for exercising legally protected rights, such as complaining about defects to a public official or housing agency, addressing lease or housing code violations with the landlord, or pursuing legal rights.  
• Wisconsin case law states that if a landlord includes a lease provision allowing for unlawful eviction, the landlord is required to return all rent paid by the tenant throughout the entire tenancy.  

Imminent Harm 

• In Wisconsin, a landlord can evict a tenant who causes imminent harm to another tenant or their child. The landlord must first give the tenant a 5-day notice to vacate. The tenant cannot attempt to fix the issue and must leave the rental unit.  
• A landlord can evict a tenant if they are provided with one of the following documents from another tenant:  
  • An injunction order of protection 
  • A criminal complaint of sexual assault 
  • A criminal complaint of stalking 

Illegal activity 

• In Wisconsin, a landlord can evict a tenant for engaging in illegal activity. The landlord must first provide the tenant with a 5-day notice to vacate before initiating the eviction process. The tenant cannot resolve the issue and must leave the rental unit.  
• Illegal activity that can lead to eviction in Wisconsin includes:
  • Criminal activity 
  • Illegal drug activity 
  • Violent acts that threaten the health or safety of residents or the surrounding neighborhood 

• Tenants can also be evicted if their guests or other occupants engage in illegal activity, even if the tenant wasn’t directly involved. 

Breaking a Lease 

• For tenancies of 1-year or less, the landlord can choose to give the tenant either:  
  • A 5-day notice to cure or vacate, allowing the tenant to fix the issue, or 
  • A 14-day notice to vacate, without the chance to fix the issue 

• For tenancies longer than 1 year, the landlord can give a 30-day notice to pay or vacate 
• Examples of lease violations include:  
  • Having an unauthorized pet 
  • Parking in an unauthorized area 
  • Not maintaining a clean space in the unit 
  • Damaging the rental unit 

Not Paying Rent  

• For tenancies of 1 year or less, the landlord can choose to give the tenant either: 
  • A 5-day notice to pay rent or vacate (with the change to fix the issue), or 
  • A 14-day notice to vacate (without the chance to fix the issue).  
• If the tenant commits the same violation within a 1-year period, the landlord can issue a 14-day notice to vacate, without the option to fix the issue 
• For tenancies longer than 1 year, the landlord can give a 30-day notice to pay or vacate.  

When 

• Milwaukee requires that sidewalks be shoveled 24 hours after the snow stops falling 

Who?  

• If you live in an apartment complex it is typically the landlord’s responsibility to shovel the sidewalk. This responsibility may also fall on the property manager.  
• If you live in a duplex or multi-family home the responsibility may fall on you or your landlord. Your lease should clarify if the responsibility falls to the tenant. If there is no clarification in the lease, you should still reach out to your landlord to clarify.  

What if No One Shovels? 

• Your landlord may receive a fine o=if the sidewalk around their property is not shoveled. If it is outlined in your lease that it is your responsibility, you may be expected to pay that fine.  

Read your Lease 

• If you have any questions about if it’s your responsibility as a tenant to maintain snow and/or lawn, refer to your lease 
• Additionally, Law for Learners can look through your lease before you sign and answer any questions you may have! 

Heat Requirements

• https://www.jsonline.com/story/news/local/milwaukee/2023/10/13/what-are-the-heat-laws-in-wisconsin-what-to-do-when-heat-goes-out/71153946007/
• https://uwm.edu/off-campus-resources/what-to-do-when-the-heat-goes-out/

Maintenance & Repairs

• https://ipropertymanagement.com/laws/wisconsin-landlord-responsibilities 
• https://datcp.wi.gov/Pages/Publications/LT-TenantsRights143.aspx 

Terminating Tenancy

• https://docs.legis.wisconsin.gov/statutes/statutes/704/19 
• https://city.mikwaukee.giv/ImageLibrary/User/jkamme/EAP/Info-Library/InfoLibrary_WiscLanldlordTenant.pdf 

Withholding Rent

• https://city.milwaukee.gov/DNS.About-Us/CodeViolationProcess 
• https://www.tenantresourcecenter.org/rent_abatement 

Illegal Activity

• https://city.milwaukee.gov/ImageLibrary/User/jkamme/EAP/Info-Library/InfoLibrary_WiscLandlordTenant.pdf 
• https://ipropertymanagement.com/laws/wisconsin-eviction-process 

Snow & Ice

• https://city.milwaukee.gov/dpw/operations/snowoperationstatus#:-:text=City%20ordinances%20require%20sidewalks%20are.required%to%20clear%the%crosswalk