Landlord repairs in Wisconsin

Unless the tenant's negligence or misuse caused the need, the landlord must keep areas under its control and equipment supplying promised services (such as heat, water, elevator or air conditioning) in reasonable repair, make all necessary structural repairs, repair or replace furnished plumbing, wiring, machinery and equipment that no longer work (where no local housing code applies), and comply with any local housing code. These duties cannot be waived in a residential lease. (Wis. Stat. § 704.07(1), (2)(a))

Wisconsin law names these:

• reasonable repair of equipment supplying services the landlord agreed to furnish (e.g., heat, water, elevator, air conditioning)
• all necessary structural repairs
• working furnished plumbing, electrical wiring, machinery and equipment (where no local housing code applies)
• compliance with the local housing code

Wis. Stat. § 704.07 does not specify a written repair-notice procedure. DATCP advises tenants to try to resolve problems with the landlord first and, if the landlord is unresponsive, to contact the local building or health inspector. (Wis. Stat. § 704.07; DATCP Landlord-Tenant Guide (03/2026))

No fixed number of days. If the unit is untenantable or has a substantial violation affecting health or safety, the tenant may move out unless the landlord 'proceeds promptly' to repair (§ 704.07(4)). Repairs the landlord promised in writing before the lease must be finished by the date the landlord stated (ATCP 134.07). Local code inspectors set correction deadlines in their orders.

Law: Wis. Stat. § 704.07(4); Wis. Admin. Code ATCP 134.07

Not addressed by state law. No Wisconsin statute or rule provides a repair-and-deduct remedy, and none prohibits a voluntary agreement; § 704.07 lists only moving out and rent abatement.

Law:

Wis. Stat. § 704.07

Allowed with limits. If the tenant stays and the condition materially affects health or safety or substantially affects use and occupancy, rent abates to the extent the tenant is deprived of full normal use. The statute expressly does not allow withholding all rent while the tenant remains. Not available if the tenant's negligence or misuse caused the condition. Local abatement ordinances may allow abatement only for such conditions (§ 704.07(5)).

Law:

Wis. Stat. § 704.07(4), (5)

Allowed. If the premises become untenantable from fire, water or other casualty or a health hazard, or there is a substantial violation of the landlord's repair duties materially affecting health or safety, the tenant may move out unless the landlord promptly repairs; the tenant may also move if the repairs would impose undue hardship. A tenant who justifiably moves owes no rent after the unit became untenantable and gets back prepaid rent for that period. Not available if the tenant caused the condition.

Law:

Wis. Stat. § 704.07(4)

A landlord must exercise ordinary care toward tenants (Pagelsdorf v. Safeco, annotated to § 704.07). Violations of ATCP 134 (e.g., broken written repair promises, undisclosed code violations) are enforced by DATCP and can lead to penalties; tenants may complain to DATCP's consumer protection hotline.

A landlord may not raise rent, cut services, sue for possession, refuse to renew, or threaten any of these if, by a preponderance of evidence, it would not happen but for retaliation for a good-faith complaint 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 (including organizing a tenant union under ATCP 134.09(5)). The landlord may still evict for unpaid rent. There is no presumption period. (Wis. Stat. § 704.45; Wis. Admin. Code ATCP 134.09(5))

DATCP advises tenants whose landlord is unresponsive to contact their local building or health inspector; local housing codes set the standards, but not every Wisconsin community has one.

• Madison: Building Inspection inspects on complaint; if the owner misses the deadline in an Official Notice to fix certain code violations, eligible tenants can apply for temporary rent abatement (default award, with a hearing available).

• Before signing a lease or taking a deposit, the landlord must disclose known, uncorrected building or housing code violations that significantly threaten health or safety (§ 704.07(2)(bm); ATCP 134.04(2)).
• Where no local housing code applies, the tenant must keep furnished plumbing, wiring and equipment working if the repair cost is minor relative to the rent (§ 704.07(3)(b)).
• Water heaters serving one unit must be set no higher than 125°F before a new tenant moves in (§ 704.06).
• The official docs.legis.wisconsin.gov site did not resolve (DNS failure) during research; statute text was read from the Internet Archive capture of that official page dated 2026-08-28 (704.07) and 2026-04-07 (704.45).
• Milwaukee runs a city code-enforcement program, but its site returned 403 to scripted requests, so it is not listed here.

• Wisconsin repair request letter (free, runs in your browser)
• Breaking a lease in Wisconsin: notice periods and early-termination rights
• Wisconsin eviction notice rules: what a notice for unpaid rent requires

• Wis. Stat. § 704.07 Repairs; untenantability (Wisconsin Legislature) Retrieved October 14, 2026.
• Wis. Stat. § 704.45 Retaliatory conduct prohibited (Wisconsin Legislature) Retrieved October 14, 2026.
• Archived copy of § 704.07 (Internet Archive, 2026-08-28) Retrieved October 14, 2026.
• Wisconsin DATCP — The Wisconsin Landlord-Tenant Guide (03/2026) Retrieved October 14, 2026.
• City of Madison Building Inspection — Rent Abatement Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.