Short answer: Wisconsin landlord repair laws let rent abate, but only partly: under Wis. Stat. § 704.07(4), if you stay in a unit with a condition that materially affects health or safety, rent abates to the extent you lose full normal use, and the statute expressly does not authorize withholding rent in full. If the landlord does not promptly fix an untenantable unit, you may move out instead and owe no further rent.
Wisconsin splits its repair rules between a statute, Chapter 704, and a consumer-protection rule enforced by the state’s agriculture and consumer protection department, ATCP 134. Knowing both matters, because some of the strongest tenant tools, including double damages, come from the administrative rule.
Wisconsin landlord repair laws: summary table
| Rule | Wisconsin | Source |
|---|---|---|
| Landlord’s repair duty | Controlled areas, service equipment (heat, water, air conditioning), structural repairs, local housing code | § 704.07(2) |
| Waiver | Void in residential leases | § 704.07(1) |
| Rent abatement | Partial, to the extent of lost use; never full withholding while you stay | § 704.07(4) |
| Repair and deduct | No statute | § 704.07 |
| Heat disclosure standard | Heating able to keep living areas at 67°F | ATCP 134.04(2)(b)2 |
| Promised repairs | Must state a completion date; pre-lease promises in writing | ATCP 134.07 |
| Retaliation | “But for” test, preponderance of evidence; no presumption period | § 704.45 |
| Entry for repairs | At least 12 hours’ advance notice, reasonable times | ATCP 134.09(2) |
What Wisconsin landlords must repair
Unless you caused the problem through negligence or improper use, § 704.07(2)(a) requires the landlord to keep areas under the landlord’s control in reasonable repair, keep in repair the equipment needed to supply services the landlord agreed to provide (the statute names heat, water, elevator and air conditioning), make all necessary structural repairs, and, for residential tenancies, comply with any applicable local housing code.
Where no local housing code applies, the landlord must also repair or replace plumbing, wiring, machinery and equipment furnished with the unit that stop working, subject to your duty to handle minor repairs described below. In a multi-unit building, one tenant’s misuse does not excuse the landlord’s repair duty to the other tenants.
The duty cannot be signed away. Section 704.07(1) declares void any agreement, including a lease clause, waiving these requirements in a residential tenancy.
Disclosures and the 67-degree heat standard
Before you sign or pay a deposit, ATCP 134.04(2) requires the landlord to disclose known, uncorrected code violations that significantly threaten health or safety, plus specific habitability problems the landlord knows about or could find with a reasonable inspection. Those include no hot or cold running water, heating that is unsafe or cannot keep all living areas at 67°F, unsafe electrical service, plumbing or sewage facilities not in good operating condition, and structural hazards. Section 704.07(2)(bm) imposes a matching code-violation disclosure duty by statute.
The 67°F figure is a disclosure benchmark, so it is a useful yardstick when you report a weak furnace in January.
Promises to fix things
Under ATCP 134.07, any promise by a landlord to clean, repair or improve the unit must state the date or time period for completion, and promises made before the initial lease must be in writing with a copy to you. The landlord must finish on time unless delayed by a labor stoppage, unavailable supplies or similar causes beyond its control.
Violations of ATCP 134 carry teeth. Under Wis. Stat. § 100.20(5), a person who suffers a pecuniary loss because of a violation of a department order may recover twice the loss plus costs, including a reasonable attorney fee.
Untenantability: move out or stay with abated rent
Section 704.07(4) applies when the unit becomes untenantable from fire, water or other casualty, when there is a condition hazardous to health, or when there is a substantial violation of the landlord’s repair duties that materially affects your health or safety. You then have two paths:
- Move out. You may leave unless the landlord promptly repairs, rebuilds or eliminates the hazard, or if the repair work itself would impose undue hardship on you. If you justifiably move, you owe no rent after the unit became untenantable, and the landlord must refund prepaid rent for that period.
- Stay. If the condition materially affects health or safety or substantially affects use and occupancy, rent abates to the extent you are deprived of full normal use. The statute says it does not authorize withholding rent in full while you remain.
Neither path applies if you caused the damage through negligence or improper use. Local ordinances on abatement must stay within the same health, safety and use limits under § 704.07(5).
Why repair and deduct is not an option
Section 704.07 contains no repair-and-deduct remedy, and abatement is limited to the value of lost use. If you pay for a repair yourself and subtract it from rent without the landlord’s written agreement, a court may treat the shortfall as unpaid rent, which § 704.45(2) excludes from retaliation protection. Get any arrangement in writing first.
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Pests, mold and tenant-caused damage
Wisconsin addresses pests directly in the tenant’s duties. Under § 704.07(3)(a), if the premises are damaged, “including by an infestation of insects or other pests,” because of your acts or inaction, the landlord may let you fix it or do the work and bill you. The landlord’s cost is presumed reasonable unless you prove otherwise, and may include the landlord’s own time at a reasonable hourly rate.
Where no local housing code applies, § 704.07(3)(b) also makes you responsible for keeping furnished plumbing, wiring and equipment working when the repair cost is minor compared with the rent. You must follow any local housing code under § 704.07(3)(c). Section 704.07 does not single out mold or lead; those issues run through local housing codes and the general duty to eliminate conditions hazardous to health.
Entry for repairs
ATCP 134.09(2) allows entry to inspect, repair or show the unit only on at least 12 hours’ advance notice and at reasonable times, unless you consent to a shorter period, you requested the entry, there is a health or safety emergency, or you are away and the landlord reasonably believes entry is needed to protect the premises.
Retaliation for repair complaints
Under § 704.45(1), a landlord may not raise rent, cut services, sue for possession, refuse to renew or threaten any of those if a preponderance of the evidence shows it would not have happened “but for” retaliation against you for a good-faith complaint about a defect to an elected official or local code agency, a complaint to the landlord about § 704.07 or local code violations, or exercising a legal tenant right. Wisconsin sets no presumption window, and the protection does not cover defects you caused or prevent eviction for unpaid rent. See our guide to retaliation.
Worked example: a collapsed ceiling in Milwaukee
Alicia rents a two-bedroom Milwaukee flat for $1,100 a month. On February 2, part of the second bedroom ceiling falls after a roof leak, and the city inspector later cites the landlord under the local housing code. Alicia keeps living in the rest of the flat.
Under § 704.07(4), her rent abates to the extent she has lost full normal use, but she cannot stop paying entirely. If a court decided the bedroom represented about one-quarter of the flat’s normal use, the abatement would be roughly $275 a month until repairs are done; the statute sets no formula, so that figure is only an illustration. If the landlord does not proceed promptly, she may move out instead and owe no rent after February 2.
What to include in a Wisconsin repair request
- The date, address, and a specific description of each defect.
- A reference to § 704.07(2) and any local housing code the condition violates.
- A request that the landlord state a completion date, as ATCP 134.07 requires for repair promises.
- Your entry preferences, noting the 12-hour notice rule.
- A copy kept for your records, plus photos.
Our repair request letter generator builds the letter, and the habitability checker helps you decide whether the condition is serious enough for abatement.
Frequently Asked Questions
Can I withhold all my rent in Wisconsin until repairs are made?
No. Section 704.07(4) states that it “does not authorize rent to be withheld in full” if you stay. Only the portion matching your lost use abates.
My landlord promised to replace the carpet before I moved in. What if it never happens?
ATCP 134.07 requires pre-lease repair promises to be in writing with a completion date. Missing that date without a valid excuse violates the rule, and § 100.20(5) lets you recover twice your pecuniary loss plus attorney fees.
Who pays for bedbugs in Wisconsin?
If your acts or inaction caused the infestation, § 704.07(3)(a) lets the landlord treat it and charge you the reasonable cost. Otherwise, the landlord’s general repair and local code duties apply.
How much notice does my landlord need to come fix something?
At least 12 hours under ATCP 134.09(2), unless you consent to less, you asked for the visit, or there is an emergency.
This guide is general information, not legal advice. For help with an untenantable unit, contact Legal Action of Wisconsin or another program on LSC’s legal help page, and send your written repair request today. See our Wisconsin security deposit guide and the repairs and habitability hub.
Sources
- Wis. Stat. § 704.07, Repairs; untenantability
- Wis. Stat. § 704.45, Retaliatory conduct
- Wis. Stat. § 100.20, Methods of competition and trade practices
- Wis. Admin. Code ATCP 134.04, Disclosure requirements
- Wis. Admin. Code ATCP 134.07, Promises to repair
- Wis. Admin. Code ATCP 134.09, Prohibited practices
- Legal Action of Wisconsin
- Legal Services Corporation, Get Legal Help