We're hearing from a lot of tenants right now - not everyone has their heat on yet. And it's chilly out there. Summer seems to be ending with a frosty whimper, and for the tenants living in units where the heat hasn't yet been turned on... It's like the ice bucket challenge, without the ice, the bucket, and the positive social impact. Just tenants in their apartments, feeling cold.

So, what's to be done? Lots. Apartment temperatures are not supposed to sink below 67 degrees, whether or not it's still technically summer.  Steps for tenants and landlords, below.

So you've moved! What happens to tenants who have finally moved into their new apartment, are looking around, and are realizing that it's kind of gross? 

We're getting to the time of year where many tenants in Madison are moving into new rental housing - many changes occur over August 15 of each year here in the city.  The rest of Wisconsin is wise enough to make leases end on all of the days of the year instead of just one incredibly frantic day, but either way, one of the big questions we get from tenants, as they are moving into a new place, is:

"My landlord didn't _____ (clean, paint, repair), can I do it myself and get paid back?"

If you read this blog regularly, the answer shouldn't be a surprise to you: it's complicated.  But there are some ways everyone involved can make it more obvious.

When I talk to people that have moved to Wisconsin from other places, they often tell me that they are surprised with the intensity of the seasons here. Last winter was brutally cold (winter 2013-2014 was pretty cold for Wisconsin and comparatively mild for Alaska. Sigh). Springs often have floods. Summers have periods of intense heat and drought. Autumn is glorious. While we are free from hurricanes and earthquakes, we have tornadoes, hail, ice storms and snow.

Rental housing in Wisconsin isn't always successful in dealing with the extremes. As we let go of the tough winter, and look towards the summer, one question that we regularly get here at the TRC is: "My house is extremely hot. Is there an upper limit to how hot it can be?  

And the answer is, generally, no.  Here are some things to be aware of:

A tenant recently contacted us, saying that every time she asked her landlord to do a repair on the property that she was renting, the landlord raised the rent. All of those raises in rent were theoretically legal, since it was around the time for the lease to be renewed, but it seemed in direct consequence of her asking for repairs to be done. If you look at the laws on retaliation, they say that if a tenant makes "a good faith complaint about a defect in the premises," then a landlord "may not increase rent" (see Wis. Stat. 704.45 for the full set of rules). However, in order to show the timeline, and that the acts of the landlord would not have occurred "but for" the acts of the tenant, that tenant will be in the best possible position if she has her repair complaints in writing. (Then, if she's not able to work it out with the landlord, she can make a complaint to DATCP or sue in small claims court).

In this example, and in so many others, we see that one of the most important tools in tenant-landlord disputes is writing, on a piece of paper.  And even though it's so important, it can be wildly overwhelming for tenants and landlords to put together a letter that makes sense to the other party, much less gets results.  

Writing a letter is a process, and it doesn't have to be a stressful one!  Here are some steps to take:

General statutes guidelines for routine carpet cleaning in residential tenancies:

1. Landlords may include language in a lease requiring tenants to pay for routine carpet cleaning. The reason for this is that routine carpet cleaning at the end of a tenancy does not fall within the scope of a landlord's responsibility to "keep the premises in a reasonable state of repair" per Wis. Stat. 704.07(2). Therefore, a lease that contains language that requires tenants to pay for routine carpet cleaning is still enforceable and valid. More information about why this is can be found here. A note in ATCP 134.06(3)(c) makes it clear that even though a landlord may write a lease saying the tenant has to pay for routine carpet cleaning, they may not automatically take the cost out of the security deposit. 
2. Landlords may not deduct from a tenant's security deposit for routine carpet cleaning, even if: 
   • The lease requires that the tenant pay for carpet cleaning when they move out.
   • The lease states that the tenant must provide a receipt showing the carpets were cleaned.
   • The lease says that the tenant must pay for carpet cleaning when they move in.
   • The lease says the carpet cleaning cost will be deducted from the tenant's security deposit.
   • Any of the above rules are listed in a non-standard rental provision.
3.  A landlord may not require a tenant to pay for carpet cleaning before moving out of the unit. Any payments in excess of the first month's rent are considered security deposits. ATCP 134.02(11)
4.  A landlord may only withhold from a tenant's security deposit for carpet cleaning when there is "unusual damage" to the carpet caused by "tenant abuse." This language is clearly defined in ATCP 134.06(3)(c), which specifies that landlords may not deduct from tenants' security deposits for repairs needed due to "normal wear and tear." 

What to do if a landlord is unlawfully charging a tenant for routine carpet cleaning:

1. Write a letter: The tenant can write a letter to the landlord to explain that the landlord cannot deduct money for routine carpet cleaning unless the tenant has damaged the carpet beyond "normal wear and tear." This is supported by ATCP 134.06(3)(c).
2. File a written complaint with the Department of Agriculture, Trade, and Consumer Protection. 
3. File in small claims court to recover the money in a security deposit that the landlord illegally withholds.

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. 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 or e-mail 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 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 the Madison Building Inspector: (608) 266-4551. For Spanish, call: (608) 266-4216. (Other Dane County listings at the bottom of this page.) 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.

Step 6

Option A

Apply for Rent Abatement (City of Madison and Fitchburg Only). 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, Eff. 4/18/18. It pays you back for the amount of time you couldn't fully use the apartment. If the landlord doesn't complete the repairs that were ordered by the Building Inspector, tenants in the cities of Madison and Fitchburg may be eligible for rent abatement from the date of the inspection. Do not simply withhold rent, or you will risk being evicted. You must first have a Building Inspector look at your apartment and order repairs, which the landlord will have time to fix. They should tell you at that time whether those repair issues are eligible for rent abatement. If the landlord fails to complete them by the deadline, contact Building Inspection again to apply for rent abatement. If you are not sure about your eligibility, call the Building Inspector (Madison: (608) 266-4551 & Fitchburg: (608) 270-4240). MGO 32.04, FO 72 Article III. For more information see our page on Rent Abatement.

Option B

Repair and Deduct (City of Madison only). In addition to the rent abatement process in the City of Madison, IF the landlord fails to complete the repairs ordered by the inspector by the due date and the tenant is eligible for rent abatement, the tenant may choose to make repairs on their own and deduct the cost of those repairs from the rent. They must follow the procedure below. This may be an alternative to rent abatement for some or all of the non-emergency items in a repair order, but may not be duplicated by rent abatement.

NOTE: Before beginning any such repairs, the tenant must send written notice to the landlord with the following information:

• Statement that they intend to repair and deduct
• Name of the tenant
• List of work to be done
• Name of the person who will do the work
• Date the work will begin (has to be at least 10 days after the notice is sent or 24 hours if the work was ordered to be done in less than 10 days)
• If the tenant does the work, a good faith estimate of how long the work will take

Also, be sure to do either of the following:

1. Wait 10 calendar days after mailing the written notice, then begin work for non-emergency items.

- OR -

2. For repairs which were ordered to be completed in fewer than 10 days, wait 24 hours to begin work.

If the landlord files a letter of objection with the Building Inspector before the tenant begins work, then the tenant cannot repair and deduct until the rent abatement hearing takes place. For items the Hearing Examiner finds eligible for rent abatement, the landlord will reimburse the tenant for 125% of the cost of repairs as is determined by the Hearing Examiner.

If the work requires a licensed professional, the tenant may not perform the work. If the tenant does the work themselves, the rate they can be paid is found in MGO 4.20(3). The tenant is responsible for obtaining all permits and approvals that are necessary. Fees required for permits and approvals may be deducted from the rent.

To reduce the rent, the tenant has to submit all copies of all the invoices to the landlord, along with an itemized statement showing the actual cost of the repairs and lien waivers for all contractors that performed work. If the amount of repairs exceeds the amount of the rent, the remaining portion can be deducted from the following month's rent.

The tenant may not be evicted or retaliated against for following the procedures in MGO 32.17 and it will be presumed to be retaliation if the landlord attempts to end the tenancy within the following 6 months unless the landlord can show "good cause" for the eviction. The landlord can be fined $150 to $900 for attempting to retaliate.

Please consult the Madison Building Inspector or Tenant Resource Center staff for details before proceeding. MGO 32.17

Step 7

Move Out Because of Constructive Eviction. Constructive eviction is what happens when repairs are needed so badly that the rental unit becomes uninhabitable. More information on constructive eviction is available here. To be successful:

1. There must be a severe health or safety hazard; and
2. The tenant must give the landlord a reasonable amount of time to repair the problem; and
3. 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. Wis. Stat. 704.07(4)

Fires and floods are good examples of conditions that may cause someone to constructively evict. Wis. Stat. 704.07(4) This happens in only the most extreme repair situations, and 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 but 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 8

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

Risky Alternative: 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. Click here for important information about your rights in the Eviction process. If nothing else works, here are four ways to improve your chances of successfully withholding rent:

1. 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.
2. 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.
3. Include a Note to Your Landlord with Your Partial Rent Payment and Explain Why You Are Withholding Rent. Make sure to pay this 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!
4. Release the Withheld Rent After Your Landlord Makes the Repairs.

Landlord Entry

As of 3/01/14, all landlords in Wisconsin must give at least a 12 hour notice to enter for repairs, unless it is an emergency and they have to enter to protect the property or someone on the property. ATCP 134.09(2), Wis. Stat. 66.0104(2)(a)4, Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2, Eff. 3/1/14.

You can agree to let your landlord enter sooner than 12 hours to make the repairs more quickly. This is a one-time exception and the landlord still needs to give proper notice the next time. In some cases, tenants may have signed a NONSTANDARD RENTAL PROVISION that modifies state law regarding landlord entry. Check your lease for any such clauses. For more information, see Landlord Entry. MGO 32.05(1)(e), Wis. Stat. 66.0104(2)(a)4

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, Eff. 4/18/18.

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
• "Whenever infestation exists in any residential dwelling other than a single-family dwelling, extermination shall be the responsibility of the owner." MGO 27.07(2)d).

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.
• 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, Eff. 4/18/18.
• Keep working batteries in smoke detectors and give written notice to the landlord if smoke detectors are not working properly. Wis. Stat. 101.45

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 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, Eff. 3/1/14.

Avoid Problems: Take Steps 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.

NOTE: 2011 Wis. Act 143 only changed the language about required disclosures in Wis. Stats. 704.07. 2011 Wis. Act 143, Sec. 16 & 17 Eff. 3/31/12 It was unclear at the time how this would affect the Consumer Protection regulations. Now, these same requirements are also in the Consumer Protection Code. This brings ATCP 134 in line with the State Statutes. ATCP 134.04(2)(a), CR 14-038, Sec. 3, Eff. 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 Madison Building Inspector to check if there are any current building code violations or citations on the property: (608) 266-4551 or 266-4216 (Spanish).
• 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 your 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 automatically 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.

Avoid Problems: Take Steps While Moving In

Document All Repair Problems Carefully

Fill out your check-in form. Filling in your check-in form is the best way to prove the condition of the apartment if the landlord tries to make deductions from your security deposit later on for damages that were already there. The new law says you shall be given 7 days from when you move in to complete the check-in sheet and return it to the landlord. It is unclear if there is a deadline for the tenant to fill out the check-in sheet, but the landlord should give them at least 7 days. Under the new laws, 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, Eff. 4/18/18. Wis. Stat. 704.08 Failure to meet the landlord's deadline does not in any way negate the information on the form. Eff. 3/31/12. ATCP 134 says that tenants have at least 7 days from when they move into an apartment to give the completed check-in form to the landlord. How this is impacted by 2011 Wis. Act 143 is unclear. Eff. 3/31/12.

NOTE: Previously, landlords were supposed to also fill out the check-in sheet. This was only required between 3/31/12 and 2/28/14.  Wis. Stat. 704.08, 2011 Wis. Act 143, Sec. 18, Eff. 3/31/12. 2013 Wisconsin Act 76 removed the language about the landlord filling out the check-in sheet. 2013 Wis. Act 76, Sec. 13, Eff. 3/1/14.

No matter what, tenants should keep a copy of the completed check-in form for themselves. If you didn't get a check-in form, make your own or use our Sample Check-In Form and send a copy to the landlord. Completing the form will document the state of the rental unit when you moved in, and what damages you should not be charged for.

Request a list of previous tenant's deductions. 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.

Request repairs. 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

Madison Gas & Electric

(608) 252-7111 or (800) 245-1123

WE Energy

(800) 261-LEAK

Alliant Energy (Wisconsin Power & Light Co.)

(800) 862-6263 (Gas & Water)

(800) 862-6261 (Electricity & Power Outage)

Wisconsin Public Service Corp.

(800) 450-7280 (Gas)

(800) 450-7240 (Electricity)

Xcel Energy

(800) 895-2999 (Gas)

(800) 895-1999 (Electricity)

Other Statewide Resources

Consumer Protection 

(608) 224-4953 

(800) 422-7128

Asbestos & Lead Section, Department of Health & Family Services 

(608) 261-6876

Wisconsin Radon Information Centers 

(888) 569-7236

Bat Conservation Corps of Wisconsin 

(608) 837-BATS (2287)

Bed Bug Information 

TRC Bed Bugs Fact Sheet 

AASCW Bed Bugs Information Sheet

Building Inspection

NOTE: If your area does not have a municipal Building Inspector, the State Building Inspection Unit through the Department of Safety and Professional Services maybe be able to help: (608) 266-3151. They have limited enforcement ability and may charge for inspections. You can also try calling an appropriate person at the State Health Department or your local fire inspector.

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

“...a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur but for the landlord's retaliation against the tenant for... making a good faith complaint about a defect in the premises... complaining to the landlord about a violation of s. 704.07 or a local housing code... exercising a legal right relating to residential tenancies.”

- From Wisconsin Statute 704.45, "Retaliatory Conduct Prohibited"

Has Your Landlord Retaliated Against You for Exercising Your Tenant Rights?

Have you ever had someone treat you badly after you told them something they didn’t want to hear, or after you reported them to an authority (such as their manager) for doing something wrong? This is a form of punishment called “retaliation.” While it may seem obvious to you when you are being retaliated against, it can be difficult to prove.

No one is perfect, and most people don’t enjoy being told when they’re doing something wrong, or that they’re not doing something they’re supposed to do. Even so, most landlords are reasonable professionals who are willing to do their part to solve problems identified by their tenants.

But sometimes, a landlord will refuse to have a conversation with their tenant, or break promises they’ve made (such as making repairs, or preventing dangerous activity on their property). Other times, a landlord may simply be confused about what their responsibilities are under the law. In these situations, a tenant may have to clearly point out their rights to their landlord, or even report their landlord to a higher authority (such as their local Building Inspector).

Unfortunately, it is not uncommon for landlords to retaliate against tenants who point out their rights, or who involve the authorities when they need help.

The law protects tenants from landlords who retaliate against them for trying to use their rights. The legislature, courts, and the Department of Agriculture, Trade and Consumer Protection have all created protections recognizing that no matter which tenant rights are recognized by law, tenants must be free from fear of retaliation if their rights are to mean anything in the real world.

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Illegal retaliation has three major parts:

1. Did the Tenant Exercise or Try to Exercise a Tenant Right?

The first sign that a landlord's action may be illegal retaliation is when it happens after a tenant exercises their tenant rights. The tenant does not need to finish exercising the right (for example, by taking the landlord to court or filing a complaint): sometimes the tenant could have simply asserted the right or tried to use it (for example, by asking the landlord to follow the laws).

Tenant rights include many things:

• Demanding required or promised repairs (Madison and Fitchburg or Wisconsin)
• Calling the building inspector
• Demanding the landlord only enter for purposes allowed by landlord regulations
• Refusing landlord entry without proper notice
• Filing a complaint with Consumer Protection or filing a lawsuit against their building’s management
• Having a guest under reasonable circumstances, due to the tenant's right to "exclusive possession of the premises" and freedom from total restrictions on guests
• Refusing to allow the landlord to change substantial rules in the middle of the lease
• Demanding an end to discrimination (for example, a Black tenant demanding an air condition since one was provided to all white tenants, but none to Black tenants)
• Demanding the landlord protect the tenant's right to peaceful enjoyment by warning or evicting a noisy neighbor
• Asserting or attempting to exercise any tenant right from a lease, statute, ordinance, administrative code, or court decision
• Or, enforcing many other rights not listed above!

Always Keep a Paper Trail

Even if the landlord and tenant both know that the tenant asserted a right, the problem may be documenting it. When tenants have a concern (for example, about repairs), they should never simply talk to the landlord on the phone or in person: tenants should follow up in writing and keep a copy of the letter or e-mail. Also, if tenants file a complaint with a building inspector, Consumer Protection, or another agency, they should get a copy of the report as soon as possible, and keep that copy for themselves. Whenever a landlord replies to a tenant's complaint, they should always do this in writing to document that they are following the law.

2. Did The Landlord Commit a Retaliatory Action?

Some things landlords do to retaliate are not illegal, like being rude to their tenants or talking about them to the neighbors. Only the following actions qualify as illegal retaliation, if the situation meets all the other criteria.

Prohibited Retaliatory Acts Under Wisconsin Statute 704.45

• Raising the rent
• Decreasing the services available to the tenant
• Filing an eviction action in court
  • Tenants who are also behind on rent or breaking other rules in the lease cannot use retaliation as a defense, unless the landlord's reason for eviction is itself a form of retaliation (for example, if the tenant refused to pay a retaliatory increase in rent)
• Refusing to renew the lease
• Threatening to do any of the above

Prohibited Retaliatory Acts Under the Wisconsin Administrative Code ATCP 134.09(5) and Madison General Ordinances 32.12(4) & 32.15

• Terminating a tenancy
• Giving notice to stop an automatic renewal of a lease
• Constructively evicting a tenant by reducing heat, water, or electricity (this is illegal, even if not retaliatory, see Eviction for more information)

An additional retaliatory act prohibited in only the City of Madison is reporting the tenant to law enforcement authorities as having unlawfully entered or immigrated into the United States in order to retaliate against the tenant for having exercised their rights as a tenant, regardless of the validity of such a report. MGO 32.12(4)

3. Did the Landlord Do This Because the Tenant Asserted, Exercised or Tried to Exercise a Tenant Right?

This is the final piece of retaliation. Each regulation has a different level of proof required for the act to be considered illegal, as well as different penalties if a landlord is found to have illegally retaliated against a tenant:

Proof Needed for Violations of Wisconsin Statute 704.45

The tenant must only show that it is more likely than not that the landlord would not have done the action "but for" the tenant exercising a tenant right. While the landlord could have other legitimate reasons for acting (such as filing for eviction), the retaliation is still illegal if the landlord would not have retaliated except that the tenant exercised their rights.

Wis. Stat. 704.45 protects tenants who have actually exercised a right (for example, reporting their landlord to the building inspector), and faced illegal retaliation as a result. It does not apply to tenants who assert their rights to their landlord, but who take no further action. It also provides absolutely no protection against eviction if tenants are behind in their rent (except if the rent not paid is due to a retaliatory rent increase). This law also provides absolutely no protection for tenants making complaints about defects or damages which they caused themselves through negligence or improper use.

If a landlord’s illegal retaliation under chapter 704 costs you money, you can sue them in Small Claims Court to recover the money you lost.

Proof Needed for Wisconsin Administrative Code ATCP 134.09(5)

Like Wis. Stat. 704.45, the Consumer Protection code protects tenants who actually exercise a right. Unlike the state statutes, it also protects tenants who "asserted, or attempted to assert any right."

ATCP 134.09(5) has a slightly different list of tenant rights and prohibited actions (see above).

Tenants can file a complaint with Consumer Protection and/or sue in small claims court for double damages, court costs and reasonable attorney fees. ATCP 134.09(5)

Proof Needed for Dikhut v. Norton (1970)

Dikhut v. Norton is a court decision that protects a tenant's right to use a "public policy" like the building code. The case can protect tenants asserting or attempting to use a public policy (unlike Wis. Stat. 704.45) and can protect tenants not covered by the Consumer Protection (ATCP) code.

The case requires a strong level of proof: the assertion, use, or attempted use of public policy must be the only reason for the landlord's eviction or harassment.

Proof Needed for Madison General Ordinances 32.12(4) & 32.15

City of Madison residents have the same protections they do under the Consumer Protection regulations, but the burden of proof is put on the landlord, meaning a landlord has to show they weren't retaliating, or the tenant will win.

If the matter goes to court, tenants can cite MGO 32.15, which requires the court to "presume" the landlord is retaliating if the landlord's act occurred within six months after the tenant made a complaint to city authorities.

City of Madison police can issue fines from $60 to $600 for a limited number of violations (removing doors and windows, confiscating property, entering property without notice, failure to provide a rent credit or return a security deposit).

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Responding to Landlord Retaliation

Tenants who believe they are being retaliated against should do the following:

1. Document what is going on. Tenants should write a letter to the landlord that documents that the act is retaliatory. For example, "As you know, I asked you last week to stop entering without proper notice. Today, you have given me a nonrenewal notice. You should be aware that your nonrenewal is invalid and illegal under Wisconsin Statute 704.45 and ATCP 134.09(5). I intend to renew and expect you to rescind this notice and remove it from my file. I know my rights to file a complaint or sue for my damages." 
2. Contact an agency. If the landlord does not quickly take back the retaliation in writing, tenants should send a copy of their letter to Consumer Protection or call them toll-free at (800) 422-7128. Tenants in cities like Madison should also forward their complaint to the building inspector, police department, and City Attorney. Agencies may warn the landlord to stop their threats or harassment, or even prosecute if the landlord has violated regulations before.
3. Gather evidence. If the act(s) occurred after the tenant called the inspector, police, or other agency, the tenant should get a copy of that report for their records. If the landlord sues to evict them, the tenant can bring the report, any letters, a timeline of the issue, and any other evidence or witnesses, plus copies of the laws, and ask that the eviction be dismissed. Under the new laws, it is extra important to have copies of these laws at the first court date, since the court will only schedule a trial if the tenant raises "valid legal grounds." Wis. Stat. 799.206(3)), 2017 Wis. Act 317, Sec. 49, Effective 4/18/18. The tenant may also want to bring any evidence they have to the initial hearing.
4. Bring it to a judge. If the landlord's retaliation has cost you money, you can sue for any related damages. Violations of Consumer Protection laws require mandatory double damages plus court costs and attorney's fees.

If the landlord is threatening an eviction suit, the tenant can write back explaining they know they cannot be evicted in retaliation for exercising their rights. If it goes to court, the tenant can bring a copy of the letter and other evidence for the judge to see. Unfortunately, the tenant has to fight the retaliation with their housing on the line. Attorneys are not required in small claims court or eviction cases, but tenants may want to contact a qualified Wisconsin housing attorney. For more information, see Eviction.

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This page contains a collection of information on your rights regarding apartment safety in Wisconsin. Looking for something specific? Use the guide below to navigate to topics found on this page and throughout our website.

Practical Safety Tips

• Check Out the Area Before You Rent: Call your police department to inquire about the area. Some police departments are more or less able or willing to share information. If possible, walk around and talk with current residents about any safety concerns they have and their relationship with the local officers. MADISON ONLY:  Call the City of Madison Police Department's non-emergency number at (608) 255-2345 and ask to speak with the area's neighborhood police officer or community police officer, if there is one.
• Window Locks and Ventilation Locks: Always lock your windows. All first floor windows or windows accessible by a platform or fire escape are required to have both regular locks (which do not allow the window to open at all) and ventilation locks (which allow the window to open a few inches for ventilation but not wide enough to allow entry). These locks, when installed and used properly, will not allow entry without breaking glass. If locks are missing or don't work, request repairs. If the landlord won't make them, do not hesitate to call City of Madison Building Inspection at (608) 266-4551 or do an internet search for an inspector in your area (our list of statewide building inspectors is on the Repairs in Wisconsin page).
• Door Locks, Door Chains, and Dead Bolts: Always lock your dead bolt when you leave and when you're home. The dead bolt should be at least an inch long. Do not prop open the door to your apartment or apartment building.
• Security Locked (Controlled Access) Entrances: Controlled access buildings are only secure if the common doors remain closed and locked when not in use. Do not prop them open or give out the code to the keypad. You could compromise the safety of the whole building.
• Sliding Door Locks & Secondary Security Devices: Unsecured sliding doors are a common target for unauthorized entry. Be sure your patio door locks securely when closed. A secondary locking device such as a stick can be placed in the sliding track to prevent the door from opening and can allow for a small opening to let in fresh air, while remaining safe.
• Window Coverings: Keep your curtains or blinds closed if you are away from home for an extended period of time. Do not assume that the window coverings are included with the apartment. If window coverings are not provided, ask the landlord if they will provide them.
• Door Viewer: Always use your door viewer before you open your door for someone. If the door viewer is broken or not provided, notify the landlord immediately.
• Common Area Lighting: Be sure common areas have adequate lighting. If bulbs are burned out or if lights on an automatic timer are not turning on when it is dark, notify the landlord right away.
• Key Use Policy: Never label your keys or key chain with your house or unit number. If you lose your keys, your residence will be at risk. If you need extra sets of keys, ask the landlord. You may be required to pay a small deposit for extra keys. If the locks were not re-keyed before you moved in, you may ask the landlord to do so. You may have to pay this expense yourself, however, as the landlord is not obligated to change the locks between tenants except in special circumstances.

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Smoke Detectors

Landlord Responsibility:

State law requires the owner or manager of a unit to provide a working smoke detector on each floor including the basement. Wis. Stat. 101.145(4). If a tenant gives written notice to the owner or manager that the smoke detector is not functional, the landlord must take action within five days to make the smoke detector functional. Wis. Stat. 101.145(3)(c).

Tenant Responsibility:

The tenant must maintain the smoke detector (e.g. by providing batteries) and give written notice if it is not working properly. Wis. Stat. 101.145(4), Wis. Stat. 101.145(3)(c)

MADISON ONLY: All residential rental properties within the City of Madison shall have smoke alarms in place which are either a hardwired smoke alarm with a battery backup or a smoke alarm powered by a non-replaceable, non-removable battery capable of powering the smoke alarm for a minimum of ten years. Such smoke alarms must be installed in the following areas:

• In each bedroom;
• In each sleeping area;
• Within six feet of each door leading to a bedroom or sleeping area of each unit; and,
• On each floor of the building.

Carbon Monoxide Detectors

Wisconsin law requires carbon monoxide detectors to be installed and maintained in all new and most existing residential buildings. Wis. Stat. 101.149. Local building and fire inspectors are authorized to inspect for these detectors at the same time as they would inspect for smoke detectors. The Madison Fire Department maintains information about what is required. See the Wisconsin Department of Safety and Professional Services website for more information on carbon monoxide and smoke alarms. 2007 Wis. Act 205, 2009 Wis. Act 158

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Required Landlord Disclosures

Before renting, the landlord must tell the tenant about uncorrected building code violations affecting leased areas or common areas that they have actual knowledge of and which present a significant threat to the prospective tenant's health or safety. (For more information, see Preparing to Rent.) Wis. Stat. 704.07(2)(bm), 2011 Wis. Act 143, Sec. 16 & 17. Eff. 3/31/12. ATCP 134.04(2)(a), CR 14-038, Sec. 3. Eff. 11/1/15.

Landlords must also tell prospective tenants about any "conditions affecting habitability" which they know about, or could know about based on a reasonable inspection, whether or not there is a report from building inspection. These conditions include:

• Lack of hot or cold running water;
• Heating system that can't reach 67 degrees Fahrenheit all year round;
• No electricity, plumbing, or sewage systems (or systems that are unsafe or not in good operating condition);
• Any structural or other conditions that could be a health and safety risk. ATCP 134.04(2)(b)

E-mail or Text Communication for Promises to Repair

If it is written into the lease, the landlord can “provide and indicate agreement” by other electronic communication (email, text, fax) for any promises to clean, repair or improve the premises prior to entering into the rental agreement. Stat. 704.10(3), 2017 Wis. Act 317, Sec. 42. Eff. for rental agreements made or renewed on or after 4/18/18. 2017 Wis. Act 317, Sec. 56.

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Repair Action Steps for Tenants

1. Fill out Check-In Form

Note needed repairs on your check-in form. For more information on the move-in process, see our pages on About Security Deposits and Preparing to Rent. Additionally, inspect your apartment for the following safety features:

• Security-locked entrances to common areas
• Dead bolts/sliding door locks and window locks
• Lighting in common areas
• Door viewer
• Smoke detectors and carbon monoxide detectors

2. Contact the Landlord to Request Repairs

Even if you listed security repairs on your check-in form, put repair requests in writing to your landlord, reminding them that it is a safety issue. Date the request and keep a copy of it for your own records. Many landlords do not use the check-in sheet as a notification of needed repairs. Instead, they promptly file the check-in sheet and don't look at it until the end of the tenancy. For additional information, see Repairs in Madison and Fitchburg or Repairs in Wisconsin.

3. Document Needed Repairs

Document the security repairs that are needed by taking pictures and keeping a log of actions you take, like contacting the landlord and calling Building Inspection. Make sure the log includes the date and time you called, the person you talked to, and a brief summary of what you talked about including the requests or promises made to complete the repair.

4. Call Building Inspection

In most instances, the security measures listed in this brochure are required by the City of Madison building code. Other areas of the state likely have similar codes if there is a Building Inspector. If your landlord does not respond to your repair requests, notify Building Inspection. City of Madison: 608-266-4551.

5. Changing the Locks in an Emergency

Tenants in Wisconsin can ask the landlord to change their locks and they are required to do so under the Safe Housing Act. (See next section.)

Madison ONLY: In an emergency, where the rental premises or the health and safety of the tenant are at risk, the tenant may change or re-key the locks without prior permission of the landlord. This is the only situation where a tenant may do this. The tenant needs to give the landlord a key within 48 hours or as soon as possible, and the landlord has the right to replace the altered lock. The landlord does not need to reimburse the tenant for the cost of changing the locks. MGO 32.05(2)

Safe Housing Act

The Safe Housing Act says that under certain circumstances, a tenant may terminate their lease or have the landlord terminate another tenant's lease if there is an imminent threat to their safety. They can request the landlord change their locks and the landlord must do so if the tenant has proper documentation. The law allows victims of domestic violence, sexual assault, stalking, or child abuse to terminate a tenancy if they or their child(ren) are 1) in imminent physical danger AND 2) have an accepted form of documentation of the threat. These include a permanent injunction (restraining order), criminal complaint, or condition of release from prison or jail prohibiting contact with the tenant or their child(ren).

This law allows the victim to give written notice ending a year-long tenancy as though it were a month-to-month tenancy (written 28-day notice). For more information see Ending Your Lease. The law also allows landlords to evict the tenant who is named in the injunction or court order as the person committing the abuse, assault, or stalking. This law is very detailed about the types of circumstances that allow a tenancy to be terminated, so please refer directly to the law for more information, and seek legal assistance if necessary. Wis. Stat. 704.16, 2007 Wis. Act 184

In Dane County: Domestic Abuse Intervention Services (DAIS) can provide counseling and free legal advocacy for tenants in Dane County who are the victim of domestic or child abuse, sexual assault, or stalking. DAIS can assist tenants in obtaining the necessary injunctions to terminate their leases, and assist with the termination itself. They also provide other support, resources, and safety counseling. In Dane County call 608-251-4445; or 800-747-4045

Outside Dane County: Contact your local domestic abuse agency.

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Calling Police: Lease Provisions May Void Your Lease Agreement

In some neighborhoods landlords are under pressure from the police and neighbors to cut down on police calls. Landlords may be threatened with violations of the Chronic Nuisance Ordinance if there are too many police calls. This has caused many landlords to put potentially illegal clauses in their leases. MGO 25.09, Wis. Stat. 704.44. ATCP violation effective 11/1/15. ATCP 134.08

Wisconsin law says that a rental agreement is "void and unenforceable" if it allows a landlord to increase rent, decrease services, bring an action for eviction, refuse to renew, or to threaten any of these actions because a tenant has contacted law enforcement or emergency services for their safety. Wis. Stat. 704.44. ATCP violation effective 11/1/15. ATCP 134.08

There have been several changes to the law about what language in a lease would make it illegal. The entire lease could be void and unenforceable if these clauses were in the lease. The  following language may make the lease void and unenforceable:

• Language that would allow the landlord to terminate the tenancy of a tenant based solely on the commission of a crime in or on the rental property, if the tenant, or someone who lawfully resides with the tenant, is the victim of that crime, as defined in Wis. Stat. 950.02(4). Wis. Stat. 704.44(9), 2013 Wis. Act 76, Sec. 25. Effective for leases entered into or renewed on or after 3/1/14. ATCP violation effective 11/1/15. ATCP 134.08 (9)
• Language that would allowthe landlord to terminate the tenancy of a tenant for a crime committed in relation to the rental property and the rental agreement does not include the Notice of Domestic Abuse Protections required under Wis Stat. 704.14. Wis. Stat. 704.44(10), 2013 Wis. Act 76, Sec. 26. Effective for leases entered into or renewed on or after 3/1/14. ATCP violation effective 11/1/15. ATCP 134.08(10)

ATCP 134.08 adds the followingf to the list of "prohibited provisions"  which make the entire rental agreement void and unenforceable" (if the tenant so chooses). These rules are also still unenforceable, if the tenant wants to stay in the contract.

• Lease provisions which allow retaliatory acts due to calls for law enforcement, health or safety services. ATCP 134.08(1),
• Lease provisions which allow a landlord to evict a victim of a crime, because of that crime. ATCP 134.08(9), and
• Leases which have rules against crime that do not include a notice of domestic violence protections. ATCP 134.08(10), CR 14-038, Sec. 11. Eff. 11/1/15.

Furthermore:

The following language 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 of 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."

Tenants should not be afraid of being evicted for calling the police or emergency services for their own protection or because there is criminal activity in the building or on the property.

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New Risk of Eviction for Suspected "Drug-Related" and Other Criminal Activity

As of 3/2/16, landlords can serve a 5-day eviction notice that does not give the tenant a chance to fix or "cure" the problem if they suspect that the tenant, a member of their household, or any guests or invitees, have engaged in:

• Criminal activity that threatens the health or safety of other tenants, people residing in the “immediate vicinity” of the premises, or the landlord or their agent or employee;
• Criminal activity that threatens the right to peaceful enjoyment of other tenants or people residing in the “immediate vicinity” of the premises; or
• “Drug-related criminal activity” on or near the premises. Wis. Stat. 704.17(3m)(b), 2015 Wis. Act 176, Section 25

“Drug-related criminal activity” is the manufacturing or distribution of a controlled substance that is not prescribed by a doctor for medical use by a disabled person. The disabled person can manufacture, use or possess this controlled substance and it can be in the possession of their personal care giver or worker. Wis. Stat. 704.17(3m)(a)1. & 2., 2015 Wis. Act 176, Section 25

The 5-day no cure notice must:

• • Require the tenant to vacate on or before a date at least 5 days after the giving of the notice,
  • State the reason for eviction,
  • Include:
    • A description of the criminal activity or “drug-related criminal activity”,
    • The date it took place, 
    • The identity or description of the individual(s) who engaged in the activity,
    • Advise tenant she/he may seek assistance of legal counsel, a volunteer legal clinic, or “a tenant resource center”, and
    • State that the tenant has the right to contest the allegations in the notice before a court commissioner or judge if an eviction is filed. Wis. Stat. 704.17(3m)(b)1., 2015 Wis. Act 176, Section 25

If the tenant contests the eviction, the tenancy may not be terminated without proof by the landlord by the greater preponderance of the credible evidence of the allegations. Wis. Stat. 704.17(3m)(b)1., 2015 Wis. Act 176, Section 25 

The person engaging in the alleged criminal activity or “drug-related criminal activity” does not have to have been arrested or convicted for this activity in order for the landlord to issue a 5-day no-cure notice for a crime. Wis. Stat. 704.17(3m)(b)2., 2015 Wis. Act 176, Section 25

It clarifies that month-to-month tenancies and tenancies-at-will can be terminated, before the end of the rental period, for criminal or “drug-related criminal activity.”  Wis. Stat. 704.19(2)(b)2., 2015 Wis. Act 176, Section 28

This process cannot be used against the person who was the victim of the crime. Wis. Stat. 704.17(3m)(c), 2015 Wis. Act 176, Section 25

For important information about these notices, please see our page on Eviction!

If leases contain processes that conflict with this law, the lease provisions are invalid unless it is a lease longer than a year. Wis. Stat. 704.17(5)(a) & (b), 2015 Wis. Act 176, Section 26 & 27

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Landlord Entry

Notice Required for Landlord Entry

Wisconsin landlords cannot enter an apartment unless they give at least a 12-hour notice to the tenant, and it must be to make repairs, inspect, or show the unit for rental or sale. Notice may be verbal (including leaving a message) or in writing. There is no requirement that the tenant actually receive that notice (for example, during an extended absence). ATCP 134.09(2). In an emergency, or if the tenant waives the notice requirement on a case-by-case basis, the 12-hour notice is not required. Suspected lease violations, such as a party or an unauthorized pet, are NOT reasons to enter without notice. See Landlord Entry for more information. Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2. Eff. 3/01/2014.

If it is written into the lease, the landlord can “provide and indicate agreement” by other electronic communication (email, text, fax) for any notice to enter to repair, inspect, or show the unit. Wis. Stat. 704.10(4), 2017 Wis. Act 317, Sec. 42. Eff. for rental agreements made or renewed on or after 4/18/18. 2017 Wis. Act 317, Sec. 56.

Action Steps for Illegal Landlord Entry

If your landlord is entering without notice, at unreasonable times, or for an inappropriate purpose, notify the landlord in writing that you request proper notification before entry. If the person entering without notice is a resident manager or an off-site manager, but not the owner, send a copy of the letter to the person's supervisor or the actual owner of the property.

If unauthorized entry continues and makes you feel unsafe, call the police to file a report. In Madison, the police can issue a $600 fine for the first offense for unauthorized entry, and $1000 for the second, if you call and cite MGO 32.05(1)(e) & 1.08(3)(a) and let them know that the police have "bail deposit authority."

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Useful Phone Numbers

Do you still have more questions about Apartment Safety? 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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