Below you will find an alphabetical list of building inspection websites and phone numbers for nearly every city and town in Wisconsin. While we try our best to keep this up to date, we recommend you navigate to your local municipality's website for the most up-to-date contact information.

Pro-Tip: You can also use the shortcut CTRL + F on your keyboard to quickly search & find your city!

Building Inspectors in Wisconsin

← Back to Repairs.

When repairs get really bad, many tenants get to a point where they have Had Enough. Some internal line in the sand has been crossed, and all negotiation and reason fly out the window. And they stop paying rent. Which is a terrible idea.

We normally meet these tenants when they are astonished to find an eviction notice at their doors, citing them for unpaid rent. Frankly, eviction hearings are most often the result for tenants who find themselves in the midst of reactive rent withholding, and are shocked to discover that there is actually a way to withhold rent legally, or to reduce rent legally, during the time that repairs have gone un-fixed. If only they had known! 

But you have the opportunity, here in this very post, to learn all the things a person should know about rent withholding and abatement, so that you are as protected as you can be.

Who Is Responsible for Repairs?

Landlord Repair Responsibilities

• Keep heating, plumbing, electrical system, and building structure in good condition. Wis. Stat. 704.07(2)(a) (More about Heat here).
• Keep common areas such as hallways, storage areas, laundry rooms, parking lots, and yards in good condition. Wis. Stat. 704.07(2)(a)1
• Maintain all supplied equipment, including all appliances. Wis. Stat. 704.07(2)(a)2
• Comply with all local housing codes. If the building is occupied by one or more tenants, improper use or damage by one tenant does not relieve the landlord of the duty to maintain the premises for the other tenants in the building. Wis. Stat. 704.07(2)(a)5
• Provide a working smoke detector on each floor including the basement. If a tenant gives written notice that the smoke detector is not working, the landlord must fix it within five days. Wis. Stat. 101.145
• Install and maintain carbon monoxide detectors in all new and most existing residential buildings. Wis. Stat. 101.149

Tenant Repair Responsibilities

• Perform minor maintenance such as changing light bulbs. Wis. Stat. 704.07(3)(b)
• Keep the apartment in a safe, sanitary condition.
• Keep working batteries in smoke detectors and give written notice to the landlord if smoke detectors are not working properly. Wis. Stat. 101.145
• Comply with all local housing codes. Wis. Stat. 704.07(3)(c)
• Keep the thermostat set at a reasonable temperature to prevent freezing of pipes and other equipment.
• Repair, or pay the landlord to repair, all damages caused by the tenant and their guests. Wis. Stat. 704.07(3)(a)
• NOTE: Whenever repairs are needed because of the tenant's action or inaction, the landlord can charge a "reasonable hourly rate" for their time, materials ,and time spent purchasing or providing materials, supervising their staff or agents, and hiring a third-party contractor. Wis. Stat. 704.07(3)(a), 2017 Wis. Act 317, Secs. 37 & 38, Effective 4/18/18.

2013 Wis. Act 76 includes language about pest control. This does not mean the tenant automatically has to pay for pest control (like bedbugs) but it does say that they have to pay if the pests were caused by "actions or inactions" of the tenant or their guests. The landlord still has to repair the problem, regardless of whoever ends up paying for it. Wis. Stat. 704.07(3)(a), 2013 Wis. Act 76, Sec. 12, Effective 3/1/14.

Getting Repairs Done

Step 1

Make a List. Before contacting the landlord, make a list of the repair problems that need to be fixed.

Step 2

Contact the Landlord and Start a Paper Trail. Be sure to tell the landlord as soon as there is a problem. Some repair issues will get worse if not fixed right away, and the tenant may be considered responsible. Give the landlord the list of the needed repairs and a reasonable time limit to do the work. (This should be based on how urgent the issue is to you and how long it might take to repair.) If you speak in person or on the phone, be sure to follow up right away with a letter, e-mail, or text saying what you talked about and keep copies of everything.

Step 3

Put it in Writing. Start keeping a log of all calls, including the times and dates of calls, who you talked to, and what you requested. This is important for three reasons:

1. Landlords often take things more seriously when they're put in writing, and might make the repairs faster.
2. It is illegal for a landlord to retaliate against a tenant for asserting their rights (including when requesting repairs). In order to protect yourself, you need proof of the request.
3. If the problem gets worse because the landlord won't fix it, you shouldn't be charged for the extra damage. Just like retaliation, to protect yourself, you need to have proof of when you reported the repair and how bad it was at the beginning.

Step 4

Get Serious. If your landlord does not contact you or make repairs quickly enough, write a letter, text or e-mail with a new deadline, and tell them you will take further action (see below) if they don't meet it. Be sure to keep a copy for yourself!

NOTE: Don't Ignore Emergencies! For some urgent problems, such as no heat or a broken lock on the main door, you might choose to contact Building Inspection immediately, and not go through the steps of writing letters if the landlord is not responding to initial phone calls. If you smell gas, leave the house immediately and then call your utility company!

Step 5

Call the Building Inspector. If the landlord still won't make the necessary repairs, call your local Building Inspector. Building Inspection can order the landlord to fix certain problems, such as lack of heat or hot water, a pest infestation, water damage, mold, but not cosmetic things such as faded paint or stained carpeting. The Building Inspector will order the landlord to make the repairs by a deadline and will come back to see that the repairs are complete. See our list of Local Building Inspectors (below) in order to contact your building inspector.

If you live in an area that has no building inspector and if there are major safety hazards in your apartment, such as faulty wiring or a pest infestation, you can try calling a fire department, public health inspector, or the Department of Safety and Professional Services. Sometimes they are able to visit a home that is in need of repairs and sometimes they are able to persuade the landlord to take more significant action.

Step 6

Option A: Rent Abatement (Outside of Kenosha, Milwaukee, Wausau, Madison, and Fitchburg)

Rent abatement is a partial rent credit when the landlord won't fix an issue that "materially affects the health or safety of the tenant" or "substantially affects the use or occupancy" of the unit. Wis. Stat. 704.07(3)(a), 2017 Wis. Act 317, Secs. 37 & 38, Effective 4/18/18. It pays you back for the amount of time you couldn't fully use the apartment. (The State of Wisconsin does not have a formal rent abatement process. For Kenosha, Milwaukee, and Wausau, click here.) Rent abatement is allowed under Wisconsin law, but when and how much a tenant can abate their rent is unclear. Wis. Stat. 704.07(4)

NOTE: For the reasons above, abating your own rent puts you at risk for eviction for nonpayment of rent, especially if there is another recommended method. If you live in Kenosha, Milwaukee, or Wausau, click here for your local rent abatement procedures.

Here are some way to improve your chances of successfully abating your rent if the building inspector orders repairs and the landlord does not complete them by the deadline, or if your area is not served by a building inspector:

• Request the Repairs Several Times in Writing Before Abating Rent. Give your landlord a reasonable amount of time to make the repairs. Let them know you may abate your rent under Wis. Stat. 704.07 if they do not respond.
• Contact Your Local Building Inspector or the Department of Safety and Professional Services. Their report will provide a very important piece of evidence.
• Deduct a Portion of Your Rent that is Consistent with the Severity of the Repair Problem. To decide how much, you could consult the City of Madison rent abatement percentages as a guide and offer the lower end of the range to show good faith. These are available here (rent abatement is MGO 32.04) or from the Tenant Resource Center.
• Keep Paying the Rest of Your Rent On Time! Include a note to your landlord with your partial rental payment explaining why you are abating rent.

Option B (Risky): Withhold Rent

Not paying your rent to pressure a landlord into making repairs is extremely risky. You could be evicted for nonpayment of rent unless you can prove to the court that withholding your rent was justified. Because tenant-landlord laws do not authorize tenants to do this, it is never certain that the court will decide in the tenant's favor; instead, the tenant may be evicted. For important information about the eviction process, click here. If nothing else works, here are four ways to improve your chances of successfully withholding rent:

• Request the Repairs Several Times in Writing Before Withholding Rent. Give your landlord a reasonable amount of time to make the repairs and give clear deadlines.
• Put Withheld Rent into an Escrow Account, or Savings Account. Make the deposits on the day your rent is due. Do not spend it! You may need to prove you had the money. Additionally, you may need to prove to a judge that you were withholding rent for the specific purpose of enforcing your rights, and that the money is available if the repairs are completed.
• Include a Note to Your Landlord with Your Partial Rent Payment and Explain Why You Are Withholding Rent. Make sure to pay your partial rent payment on time and mention that you have the money in an escrow account and that you will pay in full when your landlord has made the necessary repairs. Be sure to keep a copy for yourself!
• Release the Withheld Rent After Your Landlord Makes the Repairs.

Option C: Move Out Because of Constructive Eviction

Constructive eviction is what tenants may do on very rare occasions when repairs are needed so badly that the rental unit becomes uninhabitable. More information on constructive eviction is available here. To be successful:

• There must be a severe health or safety hazard;
• The tenant must give the landlord a reasonable amount of time to repair the problem; and
• If it is not repaired (or the repair is so extreme that it will impose "undue hardship" on the tenant), the tenant may constructively evict.

Fires and floods are good examples of conditions that may cause someone to constructively evict. Wis. Stat. 704.07(4) Tenants would do this in only the most extreme repair situations, and it involves risk on the part of the tenant. If a tenant can successfully claim constructive eviction, they are no longer responsible under the rental agreement for unpaid rent after they move out and can get back any prepaid rent. If a tenant tries to claim constructive eviction but is not successful, the tenant may be liable for rent to the end of the rental agreement, plus any legal fees; however, the landlord will have to mitigate their damages.

To improve your chances of successfully claiming constructive eviction, carefully document the repair problems, your requests to the landlord, and the overall condition of the rental unit. Send your landlord notice in writing that you are leaving because the rental unit has become uninhabitable. Keep track of all the expenses you must pay because you had to leave (motels, eating out, etc.). Even if a court eventually decides that you were not constructively evicted by the repair issue, the landlord still has a duty to try to find a new tenant for your old rental unit (just like if you had broken your lease).

Under state statute, a tenant cannot go to court and ask for permission to constructively evict, instead it is used as a defense if the tenant moves, and the landlord sues the tenant for unpaid rent. This is why it is extremely important to document all the actions you take if you are going to constructively evict yourself from the apartment.

Step 7

Call Consumer Protection. Consumer Protection laws require landlords to follow through on repair promises. If your landlord made a written or verbal promise to make a repair but has not followed through, you may file a complaint with Consumer Protection by calling (800) 422-7128. If the landlord never made the promise in writing, then you should send the agency copies of your letters to the landlord and mention the landlord's verbal promise. Your letters may be good evidence, especially if the landlord never wrote back to deny the promise was made. For more information on how to get things in writing from your landlord, visit our Get It In Writing page. ATCP 134.07

Landlord Entry

A landlord must give the tenant a 12-hour notice before entering to make a repair unless it is an emergency (like a pipe bursting). You can agree to let your landlord enter sooner than that to make the repairs more quickly, but the landlord still needs to give proper notice the next time. In some cases, tenants may have signed a NONSTANDARD RENTAL PROVISION that lets the landlord enter with less notice. Check your lease for any such clauses. For more information, see Landlord Entry. ATCP 134.09(2)

NOTE: New laws make it clear that landlords can give this notice in an e-mail or text message. Wis. Stat. 704.10(4), 2017 Wis. Act 317, Sec. 42, Effective 4/18/18.

Avoiding Problems Before Signing a Lease

There are several things tenants can do before signing a lease to minimize the chances of future repair problems. See our page Preparing to Rent for more information on how tenants can protect themselves before signing a lease.

• Before entering into a rental agreement or accepting earnest money, the landlord must tell the tenant about documented, uncorrected building code violations that they have actual knowledge of and which are a significant threat to the prospective tenant's health or safety. ATCP 134.04(2)(a), Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2, Eff. 3/31/12 and 11/1/15.
• Before entering into a rental agreement or accepting earnest money, the landlord must also tell the tenant about any conditions affecting habitability which they know about, or could have known about based on a reasonable inspection. These include any lack of: hot or cold running water, safe electrical system, sewage disposal, heating systems unable to reach 67°F in all living areas in all seasons, and all other likely health or safety hazards. ATCP 134.04(2)(b), MGO 32.08(2)(a), FO 72-108(2)a
• Call the local Building Inspector to check if there are any current building code violations or citations on the property. (See our list at the bottom of this page.)
• Before the rental agreement is signed, the landlord must put any promises to repair in writing, with specific deadlines for each repair. ATCP 134.07
• Call Consumer Protection at (608) 224-4953 or (800) 422-7128 to check if there have been any complaints filed against your prospective landlord.
• Inspect the rental unit you are considering, taking notice of repairs and improvements that need to be made.
• Negotiate with your prospective landlord about what repairs or improvements will be made, and write those into the lease.
• If your lease has a provision that allows the landlord to not provide the premises in a habitable condition or maintain the property, this is not enforceable, and you could break your lease if you needed to. These provisions make your lease "void and unenforceable." Wis. Stat. 704.44(8), 2011 Wis. Act 143, Sec. 35 Eff. 3/31/12. ATCP 134.08(8), CR 14-038, Sec. 11, Eff. 11/1/15. For more information and other reasons a lease may become void and unenforceable, see Ending Your Lease.
• Contact the Tenant Resource Center to ask questions about items in your lease.

Avoiding Problems While Moving In

Document All Repair Problems Carefully. Fill out your check-in form, keep a copy, and return a copy to your landlord. Filling in your check-in form is the best way to prove the condition of the apartment at move- in if the landlord tries to make deductions from your security deposit for damages that were already there. If you didn’t get a check-in form from your landlord, make your own or use our sample check-in form. State law, Wis. Stat. 704.08, says you'll be given 7 days from when you move in to complete the check-in form and return it to the landlord. ATCP 134.06 states that the tenant should turn in their completed check-in form to the landlord by a specified date that’s at least 7 days from when you move in. Failure to meet the landlord’s deadline does not in any way negate the information on the form. Effective 3/31/12. The landlord can send all documents and forms related to the security deposit in an e-mail or text message. Wis. Stat. 704.10(2), 2017 Wis. Act 317, Sec. 42, Effective 4/18/18.The landlord is required to let you know in writing that you can get a list of the deductions from the previous tenant's security deposit. ATCP 134.06(1)(a)2 If requested, the landlord must provide this within 30 days, or within 7 days after they return the previous tenant's security deposit, whichever is later. ATCP 134.06(1)(b) This list may be helpful in recognizing other repairs that need to be done.

A check-in form is not a request for repairs; it simply documents the condition of the apartment. If you want the landlord to fix certain problems, follow the suggestions in the first section for getting repairs done. For more information, see our sample repair request form.

Useful Phone Numbers

Emergency Utility Numbers

Building Inspection

If your municipality's building inspector is not listed here, check your phone book or call our toll-free line if outside of Dane County at 877-238-RENT. Tenant Resource Center has the building inspector phone numbers for most cities and towns in Wisconsin.

NOTE: The state building inspection unit at (608) 266-3151 may be able to help tenants in areas not served by municipal inspectors. They have limited enforcement ability and may charge for inspections. If you live in an area without a building inspector, you can also try calling a health or fire inspector.

Other Statewide Resources

Bed Bug Information

TRC Bed Bugs Fact Sheet

AASCW Bed Bugs Information Sheet

Building Inspectors in Wisconsin

This page contains everything you need to know about your rights when Finding Housing in Wisconsin. Looking for something specific? Use the links below to navigate to specific information found on this page and elsewhere on our website.

Choosing the Right Landlord

It is expected that landlords will check the background of prospective tenants. It is equally important for tenants to check out the landlord. This research can be quick and usually it's anonymous. Even if you don't have many options for where to rent, you will go in with very important information which can save you lots of money, time, and stress.

Check with Current Tenants

If you only check one source, it should be the current tenants. Visit without the landlord and explain that you are considering renting and that you would like a little information about the landlord and building. Ask questions such as:

• Does the landlord respond quickly when you report repair/maintenance problems? 
• Does the landlord keep common areas (yards, laundry rooms, hallways) in good condition?
• Are there major repair problems in the building?
• Does the heat work and do the appliances work properly?
• Before you moved in, were you promised improvements (such as new carpet)? Was this done? Was it on time?
• Are there pests (such as cockroaches, bed bugs, or mice)?
• Are there noise or safety problems in the building or the neighborhood?
• Is proper notice (usually 12 hours) given before the landlord enters the unit?
• What happens if you pay the rent late? 
• Are there late fees?
• Is the landlord pleasant and professional?
• Why is the current tenant leaving?

If possible, talk to at least two current tenants. Bad reports are a strong reason to keep looking, or to be extra careful about preventing and documenting problems if you move in anyway (take photos before moving in, keep things in writing about repairs (texts/emails), etc.) .

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Small Claims Court Records

You can easily find any court cases your landlord might have in Wisconsin through CCAP (Consolidated Court Automation Programs). Make sure you check the name of the landlord or management company that is listed for the address on your city assessor's website (for City of Madison residents, click here) or Access Dane. 

CCAP On the Internet

The case files will tell who is suing whom, for what, and who won the case. Click on "case details" or "court record events" for details. While CCAP online can be helpful, it may not say why someone was evicted.  If a case has a “stipulated dismissal”, the landlord and tenant worked out an agreement.  A default judgment usually means one side did not show up, usually the defendant.  A judgement of eviction usually only comes after a hearing with a judge, but not always.

CCAP at the Courthouse

For more information, go to the county courthouse in person and ask the clerk to pull files for all cases your potential landlord has been involved in during the last few years. Have the case numbers from CCAP ready to avoid possible fees for looking them up. More information on CCAP is here.

When you check the court records at the courthouse computer (records room), you will find more details about why people are evicted. Look at the section entitled "complaint" to learn why tenants were evicted, but consider the number of apartments the landlord/management company controls. If you find that the landlord has a disproportionately high number of tenant/landlord cases, or if you are surprised by the reasons tenants are suing them, then it may be wise to look for another apartment, or be extra careful renting from them.

NOTE: Landlords will also use CCAP to look up your record of evictions, being sued for money, etc. As of 4/18/18, the laws make it much easier for tenants to remove eviction cases from their CCAP record (as well as removing all other small claims court cases, such as money cases). Wis. Stat. 758.20(2)(a), 2017 Wis. Act 317, Sec. 46, Effective 4/18/18. Click here for more information about tenant records and CCAP.

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Consumer Protection

Contact the Department of Agriculture, Trade and Consumer Protection (online or at 800-422-7128) to ask if any complaints have been filed against the landlord. 

• You can find out the number of complaints, the dates they were filed, and how they were resolved. 
• Again, consider how many apartments the landlord owns or manages. 
• You can also go to the agency and see the actual complaints.

Building Inspection Records

Many towns and cities in Wisconsin have building inspectors. 

• Most inspectors keep written records every time they inspect an apartment and these records are public. 
• You can ask to see the records for addresses you are considering. 
• Focus on recent records, such as reports within the past five years. 
• The records should show that the inspector has visited the apartment and what repairs the landlord was ordered to make. 
• Check to see how soon the repairs were finished. 
• Also, check to make sure it is still the same landlord who owns the building.
• Remember, retaliation against tenants who contact inspectors is prohibited by statute and by ATCP 134.09(5). Buildings that have been inspected several times recently are probably not being maintained well. You may want to avoid landlords who do not make repairs even after being ordered to do so by the building inspector.

Zoning Records

When you check inspection records, it is a good idea to check zoning: 

• Give the zoning staff the address of the apartment and ask how the building is zoned. 
• You may find that no more than two or three unrelated persons can live in the building, which may come as a shock if you were planning to move in with some friends. 
• You might find out that your future "three-bedroom" apartment only has two legal bedrooms.
• In the City of Madison, if a co-tenant is forced to vacate by an inspector because of zoning or occupancy limits that were not disclosed to the tenants, they may be able to break the lease without any consequences. MGO 32.08(2)(d) Call your local building inspector or the Tenant Resource Center for more information.

Police Records

Police Reports and Police Contacts

• Call your local police department and ask whether you can get a printout of all police calls to your prospective apartment building.  
• If you want information specific to one person (landlord) you should ask for police contacts, list the address and date of birth if you have one. 
• Most police departments have a records office, Madison’s is here. You may have to go to the police department in person and/or pay a small fee. 

Neighborhood Officer

• There also may be a police officer assigned to the neighborhood you want to move into. 
• Talk to that officer about the neighborhood/your landlord. 
• You should also talk to neighbors about their relationship with the police in the neighborhood. 
• It might be a good idea to stay away from any building that has a long record of police calls; however, some neighborhoods have high police vigilance, which will contribute to the number of police calls for properties within those neighborhoods. 
• If the landlord or manager has a criminal record, you may want to consider that this person will have a key to your home. Just as the landlord probably looked up your conviction record in Wisconsin on CCAP, you might want to do the same for your landlord or property manager. More information on CCAP is available here.

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What the Landlord Must Disclose

Landlords have to give applicants certain information prior to accepting any money, so tenants can decide if they are interested. Landlords are also required to write certain important information in the leases.

Tenants' Copies of Agreements

Tenants must be allowed to inspect copies of all written agreements and rules before they pay any money to the landlord or make any rental agreement. When a tenant signs a lease, the landlord must give them a copy of the signed lease. If you request one from the landlord and they do not respond, you may make a complaint to Consumer Protection. ATCP 134.03(1) Here are some things to think about when reading your lease.

NOTE: With the passage of new laws, it has become extremely important that you read your lease before signing. Just because a landlord puts something in the lease does not mean it is legal. In fact, if the landlord puts certain illegal clauses in a lease, it could make the whole lease invalid. It will also tell you what they can do with your property when you move out, or if you are evicted. See Ending a Lease and Property Left Behind for more information. If you have any questions, contact the Tenant Resource Center before signing and we can help you understand the lease and identify possible problems.

Disclosure of Owner/Manager Information

Landlords must give the following information to tenants in writing before or when they enter into a lease:

• Name and address of the person who collects the rent
• Name of the person who manages the building
• Name and address of the repair contact person. The tenant must be able to contact that person easily.
• The name of the owner or other person authorized to accept legal papers and other notices (must be in Wisconsin, and must be a street address, not a post office box). ATCP 134.04(1)

Landlords who live in and manage buildings with four or fewer units do not have to provide owner/manager information in writing. (It is assumed they will manage the building and accept legal papers.) ATCP 134.04(1)(c) Tenants must be notified of any change in the name or the address of the owner/manager, the maintenance contact person, and the person who accepts legal papers within 10 days of a change, if tenants live in a building with more than 4 units, or if the owner does not live on site. ATCP 134.04(1)(b) In Madison, landlords must also disclose the phone number for each person above. MGO 32.08(1), Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2

New laws make it clear that the landlord can give the tenant copies of the rental agreement and any related documents in an e-mail or text message. Wis. Stats. 704.10(2) & (3), 2017 Wis. Act 317, Sec. 42, Effective 4/18/18.

If the Landlord Fails to Provide This Information

• Contact the city assessor/treasurer or county register of deeds and find out what information they have available.
• Look up that person's office or home phone number in case you need to reach the landlord in an emergency.
• Send any rent or repair requests to the address of the owner, along with a request for any information not disclosed in the rental agreement, and keep dated copies of all your written requests.
• Mail the rent payment at the post office and get a "certificate of mailing" (cheaper and faster than registered mail) or "delivery verification" to verify delivery. If there are no more problems, you may not need future receipts, but keep copies of each payment, the letters you send, and any receipts.
• Tenants may also file a complaint with Consumer Protection (DATCP online or at 800-422-7128).

Utility Disclosure Information

Before making a rental agreement or accepting any money from you, the landlord must tell you what utilities you have to pay for in addition to the rent.  Landlords must also tell you if your bills include any utilities in common areas of the apartment building including hallways, yards, parking lots, and laundry rooms. If the apartments do not have separate utility meters, the landlord must disclose this, as well as how they determine how much each renter will pay. ATCP 134.04(3) If the landlord informs the tenant that the tenant will be paying for a shared meter, the tenant could negotiate a fairer arrangement (such as paying a portion equal to the number of people in each unit). Have the landlord sign the agreement and make sure to keep a copy for yourself. 

If the Utility Information Was Not Disclosed

Call the local utility company for help. A service person may visit your home to see what services you should pay for.

If you find out you are paying for someone else's utilities, ask the utility company for a copy of previous bills and estimate the amount the landlord should refund to you. The utility company can help with estimates. If you live in the MG&E service area in Dane County you can find some information about estimates here.

Tenants who find out they have a shared meter which was not disclosed to them should write a letter to the landlord requesting a refund and give the landlord a deadline (ten days to two weeks). If the landlord does not respond, file a complaint with Consumer Protection (DATCP online or 800-422-7128).

If a tenant and their landlord are still unable to come to an agreement, mediation may be helpful. Contact the Housing Mediation Service in Dane County or the Wisconsin Association of Mediators outside of Dane County. If the landlord does not comply, the tenant may sue in Small Claims Court for mandatory double damages plus court costs and reasonable attorney's fees. Wis. Stat. 100.20(5)

Disclosure of Building Code Violations

Before entering into a rental agreement or accepting earnest money, the landlord must tell the tenant about documented, uncorrected building code violations that they have actual knowledge of and which are a significant threat to the prospective tenant's health or safety. ATCP 134.04(2)(a), Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2, Effective 3/31/12 and 11/1/15.

Before entering into a rental agreement or accepting earnest money, the landlord must also tell the tenant about any conditions affecting habitability which the landlord would know about, or could have known about based on a reasonable inspection. These include any lack of: hot or cold running water, safe electrical system, sewage disposal, heating systems unable to reach 67°F in all living areas in all seasons, and all other likely health or safety hazards. ATCP 134.04(2)(b), MGO 32.08(2)(a), FO 72-108(2)a

In the City of Madison the landlord must also disclose the tenant's right to abate rent (reduce rent payments to enforce the completion of inspector-mandated repairs), off-street parking requirements, and occupancy standards (how many people can live in an apartment). Violations of Madison's disclosure requirements can carry a fine. If a tenant has repair problems that the landlord refuses to fix, call the building inspector. In Madison, call the City of Madison Building Inspector at 608-266-4551.

Promises to Repair

When a landlord promises to make repairs before you sign your lease/move in, they must put these promises in writing. Consumer Protection can help you if they are not completed on time. For more information, see Repairs (Madison & Fitchburg or Wisconsin) or contact Consumer Protection (DATCP online or at 800-422-7128). 

New laws make it clear that the landlord can make promises to repair in an email or text message. Wis. Stat. 704.10(3), 2017 Wis. Act 317, Sec. 42, Effective 4/18/18.

Lead Paint Requirements

According to Housing and Urban Development (HUD), a landlord must disclose that a dwelling built or remodeled before 1978 may contain lead paint, and provide the tenant with a lead hazard information pamphlet. 42 U.S. Code § 4852d . For enforcement, call HUD at (414) 297-1493 or the Environmental Protection Agency (EPA). For more information on lead paint, visit the HUD website, or see our blog post on lead paint. 

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Safe Housing Protections

The following language (a summary of the Safe Housing Act) must be provided in every lease or in an addendum to the lease entered into or renewed after 3/1/14: (Wis. Stat. 704.14, 2013 Wis. Act 76, Sec.14)

“NOTICE OF DOMESTIC ABUSE PROTECTIONS

(1) As provided in section 106.50 (5m)(dm) of the Wisconsin statutes, a tenant has a defense to an eviction action if the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking committed by either of the following:

(a) A person who was not the tenant's invited guest.

(b) A person who was the tenant's invited guest, but the tenant has done either of the following:

• Sought an injunction barring the person from the premises.
• Provided a written statement to the landlord stating that the person will no longer be an invited guest of the tenant and the tenant has not subsequently invited the person to be the tenant's guest.

(2) A tenant who is a victim of domestic abuse, sexual assault, or stalking may have the right to terminate the rental agreement in certain limited situations, as provided in section 704.16 of the Wisconsin statutes.  If the tenant has safety concerns, the tenant should contact a local victim service provider or law enforcement agency.

(3) A tenant is advised that this notice is only a summary of the tenant's rights and the specific language of the statutes governs in all instances.”

Note: If there is a clause in the lease prohibiting crime, and this language, quoted above, is not in the lease, then the lease is void and unenforceable. Wis. Stat. 704.44(10) For more information, see our Ending Your Lease page.

Sex Offenders

If a tenant requests information about sex offenders in writing, the landlord should inform them to get information from the sex offender registry or the Department of Corrections. While landlords are not obligated to keep this information themselves, landlords are obligated to disclose any "actual knowledge" they have about a specific person, IF a tenant asks for it. They are not liable for any particular disclosure if they refer a tenant to obtain information about the sex offender registry and persons registered with the registry by contacting the Department of Corrections, with appropriate contact information. Wis. Stat. 704.50

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Earnest Money

After disclosing the required information (see previous sections) landlords are allowed to accept "earnest money," sometimes called an application fee, money down, or "hold" money. Earnest money includes ALL money which the tenant pays to the landlord before they sign a lease, except for up to $25 for the actual cost of a credit check) and up to $25 for a background check for tenants applying from out of state. ATCP 134.02(3), Wis. Stat. 704.085(2), 2017 Wis. Act 317, Sec. 41, Effective. 4/18/18.

Earnest money is refundable except for the actual cost of a credit check (credit bureaus charge about $8 - 12 for a report) and a background check for out-of-state applicants. Tenants can avoid the credit check fee (but not the background check fee) if they provide their own copy of a credit report less than 30 days old. City of Madison tenants cannot be required to pay the cost of a credit check. MGO 32.02(2)(c) & 32.10(3), Wis. Stat. 66.0104(2)(b), ATCP 134.05(4) For information about free credit reports see Credit Reports.

NOTE: The regulations in ATCP 134 which govern the return of earnest money have not been updated yet for the new law allowing the landlord to charge out-of-state applicants for background checks. However, 2011 Wis. Act 143 says that ATCP cannot conflict with laws in Wis. Stat. 704, such as this one.

 Here are the three things that a landlord can do with the earnest money:

• If the landlord accepts you as a tenant and you sign a lease, the landlord must either return the earnest money, or apply it to the security deposit or your first month's rent. ATCP 134.05(2)(b)
• If your application is denied, or if you withdraw the application before being accepted/denied (which you should always do in writing), the landlord must return the earnest money by the end of the next business day (unless you gave written permission for them to retain it for up to 21 days). ATCP 134.05(2)(a)3.
• If you are accepted but don't want the apartment, the landlord can deduct for the actual costs of re-renting the apartment (for example, advertising) but they can't charge for their time spent showing or re-renting the apartment. They must return the rest of the earnest money to you within three business days (unless you gave written permission to retain it for up to 21 days). ATCP 134.05

If your landlord won't return your earnest money, you can file a complaint with Consumer Protection (DATCP online or at 800-422-7128)  and/or sue in small claims court for double what they owe plus court costs and reasonable attorney's fees.  Sometimes writing a letter threatening to do those things if the landlord won't return it by a certain deadline can quickly resolve the issue.

Still confused about earnest money? Read our blog post about it!

For more information on what to do when moving into an apartment in the City of Madison, see Moving Out of One Apartment Into Another.

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Do you still have more questions about Finding Housing? If you can't find the answers you are looking for on our website, you may want to speak with a Housing Counselor or other staff at Tenant Resource Center. See our hours and locations here!

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