Milton, WI Rental Property Rules: Repairs & Habitability (2026)

Section 38-60, adopted by Ordinance No. 335 in 2011 within the residential rental practices article of Chapter 38, applies to every residential tenancy in the City of Milton (not the neighboring Town of Milton) and to any nonresidential tenancy lacking a written contrary agreement. Any attempt to waive the section's requirements in a residential lease is void, so a landlord cannot contract around it. The ordinance assigns the landlord four repair duties except where damage is caused by the tenant's own negligence or misuse: keeping landlord-controlled portions of the premises in a reasonable state of repair, keeping landlord-controlled equipment that supplies services such as heat, water, elevator or air conditioning in working order, making all necessary structural repairs, and repairing or replacing plumbing, electrical wiring, machinery or equipment furnished with the unit once it is no longer in reasonable working condition.

A residential landlord must also comply with the applicable provisions of Chapter 10, the city's building code. Where the tenant causes damage through negligence or improper use, the duty shifts: the tenant must repair the damage and restore the appearance of the unit by redecorating, though the landlord may instead do the work and bill the tenant for the reasonable cost, presumed reasonable unless the tenant proves otherwise. Tenants also carry an ongoing duty to keep plumbing, wiring, machinery and equipment furnished with the unit in reasonable working order if the repair cost is minor compared to the rent.

If another tenant's unit in the same building suffers negligence-caused damage, that does not relieve the landlord of the repair duty owed to the remaining tenants.