When The Landlord Will Not Fix It
Wis. Stat. 704.07 — the landlord's duty to repair, and rent that abates when the unit is unfit
Except for repairs the tenant's own negligence or misuse made necessary, a Wisconsin landlord has a duty of:
- Keeping the parts of the premises the landlord controls in a reasonable state of repair.
- Keeping in repair the equipment for services the landlord agreed to furnish, such as heat, water, elevator or air conditioning.
- Making all necessary structural repairs.
- Where no local housing code applies, repairing or replacing plumbing, wiring, machinery or equipment furnished with the premises that no longer works reasonably.
- For a residential tenancy, complying with any local housing code.
Before signing or taking earnest money or a deposit, the landlord discloses any uncorrected building or housing code violation the landlord actually knows of that affects the unit or a common area and presents a significant threat to the prospective tenant's health or safety. A waiver of the section in a residential tenancy is void.
Untenantable: move out, or the rent abates. When the premises become untenantable from fire, water or other casualty, a condition hazardous to health, or a substantial violation of the landlord's duties that materially affects health or safety, the tenant may move out unless the landlord promptly repairs, or if the repair would impose undue hardship. A tenant who stays pays reduced rent, abated to the extent the tenant loses full normal use.
The section does not authorize withholding all the rent while the tenant stays. A tenant who justifiably moves out owes no rent after the premises became untenantable and gets back rent paid in advance for that time. None of this applies when the tenant's negligence or improper use caused the condition.
Sources for this section (1)
- Wis. Stat. 704.07 — Repairs; untenantability
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.