Not legal advice. This page explains Wisconsin's rental rules in plain English, for landlords and tenants alike. Your lease and facts matter, so for your own situation talk to one of the free services below or a lawyer.
Step by Step
- Tell the landlord in writing. Madison expects tenants to report needed repairs in writing as soon as they come up, and to allow access to fix them.(City of Madison) The City asks tenants to contact the owner or manager before filing a complaint.(City of Madison) The landlord's name and address for this should be in your lease paperwork.(ATCP 134.04)
- Check what was promised. Any promise to clean, repair or improve made before you signed must be in writing with a completion date, and the landlord must meet it unless delayed by causes beyond their control.(ATCP 134.07)
- File a complaint with Building Inspection. Only current tenants can report problems inside a unit, and you'll need to give the inspector access. Urgent problems: 608-266-4551 ext. 4. Otherwise use the online form, email BInspection@cityofmadison.com, or mail or visit by appointment.(City of Madison)(City of Madison)
- The inspection. Staff call within a couple of business days to schedule it. The first inspection is free.(City of Madison)(City of Madison) For pests, the inspector has to see the problem; photos and videos aren't accepted as proof.(City of Madison)
- The owner gets a deadline. If there's a violation, the owner gets an official notice with a due date, then a reinspection. A failed reinspection can bring a $75 fee, a citation or an extension, and cases sent to the City Attorney can bring $1 to $1,000 per violation per day. Most cases resolve in 30 to 60 days.(City of Madison)
- If the deadline passes, you may be eligible for rent abatement (below).(City of Madison)
Common code items include hot water of at least 120°F, a keyed deadbolt on unit doors, smoke alarms in every bedroom and on every level, a bathroom window or fan, storm windows from Nov. 15 to April 30 and screens from June 1 to Oct. 15.(City of Madison) Building Inspection doesn't test for mold but can order water damage repaired.(City of Madison) The pest guide covers bugs and rodents.
No Heat
Madison requires heat that keeps the unit at 67°F at all times; there's no date when a landlord can turn it off.(City of Madison) The City's guide to a fair wait for a heat repair:
| Outside | Fair wait |
|---|---|
| Lows in the 60s | One week |
| Lows in the 40s | One day |
| Below freezing | Immediately |
Space heaters are a reasonable stopgap during an emergency repair, for up to 72 hours, not counting weekends and holidays.(City of Madison)
Rent Abatement
- Rent abatement is a temporary rent reduction, available only after an owner fails to fix certain code violations by the inspector's deadline. You don't have to wait months before filing a complaint.(City of Madison)
- You need a violation that affects your use of the unit, a complaint and inspection, an official notice with a deadline, and that deadline passing unfixed. An extension or citation doesn't block a claim.(City of Madison)
- Eligible tenants get a letter and must contact the City by its date. The first award is a default award; either side can ask for a hearing. Awards are paid within 15 days. There's no abatement if you caused the problem or kept the landlord out, and any award goes first to back rent you owe.(City of Madison)
- Rent abatement clerk: 608-266-4551 ext. 4, rentclerk@cityofmadison.com.(City of Madison)
Withholding Rent
State law is narrow here:
- If the unit becomes untenantable (from fire or other damage, a health hazard, or a code violation that materially affects health or safety), you can move out unless the landlord promptly fixes it. If you stay, rent is reduced only to the extent you lose use of the unit. The law says rent may not be withheld in full while you stay.(Wis. Stat. 704.07(4))
- None of that applies if you caused the problem.(Wis. Stat. 704.07(4))
- DATCP warns that tenants who pay partial, no or late rent risk termination and eviction.(DATCP) Unpaid rent can lead to a 5-day or 14-day notice (see eviction in Wisconsin), and the retaliation rule doesn't stop an eviction for unpaid rent.(Wis. Stat. 704.45)
- Madison's rent abatement process is the City's route to reduced rent. Talk to the Tenant Resource Center before paying less on your own.
Retaliation
A landlord can't raise rent, cut services, refuse to renew or evict because you complained in good faith to a code agency, asked for repairs, or used a legal right.(Wis. Stat. 704.45)(ATCP 134.09) In Madison, actions against a tenant within six months of a complaint may be seen as retaliation, and shutting off water, electricity or heat is always illegal. Report it to the Department of Civil Rights at 608-266-4910.(City of Madison)
For Landlords
- The repair duty can't be waived in a lease: keep your areas and equipment in reasonable repair, make structural repairs, and meet the local housing code. Tenants pay for damage they cause.(Wis. Stat. 704.07)
- Give at least 12 hours' notice to enter for repairs, unless it's an emergency or the tenant agrees to less.(ATCP 134.09)
- Madison's heating systems need annual service records.(City of Madison) The landlord rules checklist has the rest, and the contractor guide covers who's licensed to do the work.
For everything else about renting, see renting in Wisconsin.
Free Help
- Tenant Resource Center, a Madison nonprofit with information for tenants and landlords.(Tenant Resource Center) Rental Rights Hotline: 608-257-0006. It also offers housing counseling for both sides and mediation for disputes such as security deposits and lease violations.(City of Madison)
- Legal Action of Wisconsin: apply for free legal help at (855) 947-2529. Not everyone qualifies. Its housing work covers evictions, housing conditions and security deposits.(Legal Action of Wisconsin)
- State Bar Lawyer Referral and Information Service: (800) 362-9082. The court doesn't appoint lawyers in eviction cases.(Dane County Circuit Court)
- DATCP Consumer Protection, the state agency that enforces ATCP 134: (800) 422-7128 or DATCPHotline@wisconsin.gov.(DATCP)
- City of Madison: Building Inspection takes housing code complaints at 608-266-4551,(City of Madison) and the Department of Civil Rights takes housing discrimination complaints at 608-266-4910.(City of Madison)
Questions
What can I do if my landlord won't fix something in Madison?
Ask the landlord in writing first. If that doesn't work, a current tenant can file a complaint with Madison Building Inspection (608-266-4551 ext. 4 for urgent problems). An inspector checks the unit and gives the owner a deadline. If the owner misses it, you may be able to apply for rent abatement.
Can I stop paying rent until repairs are made in Wisconsin?
Not all of it. State law says rent may not be withheld in full while you stay. If the unit becomes untenantable, rent is reduced to the extent you lose use of it, or you can move out if the landlord doesn't promptly fix it. Unpaid rent can lead to an eviction notice, so get advice first.
How cold can my apartment get in Madison?
Madison requires 67°F at all times, with no landlord-chosen dates for turning heat on or off. How long a repair can fairly take depends on the weather: about a week when lows are in the 60s, a day when they're in the 40s, and right away below freezing.
Can my landlord evict me for complaining to the city?
No. Retaliation for a good-faith complaint to a code agency, or for asking for repairs, is prohibited. In Madison, actions against a tenant within six months of a complaint may be seen as retaliation. A landlord can still evict for unpaid rent.