Wis. Stat. Sec. 704.07 makes the landlord keep structural elements, common areas, and equipment supplying heat, water, and other services in a reasonable state of repair. If the premises become untenantable from fire, water, or a health or safety hazard, the tenant may move out unless the landlord repairs promptly, and rent abates to the extent the tenant loses full normal use.
Under Wis. Stat. Sec. 704.07, the landlord must 'keep in a reasonable state of repair portions of the premises over which the landlord maintains control,' 'keep in a reasonable state of repair all equipment under the landlord's control necessary to supply services' such as heat and water, and 'make all necessary structural repairs.' If the premises become untenantable because of damage by fire, water, or other casualty, or because of a substantial violation materially affecting health or safety, 'the tenant may remove from the premises unless the landlord proceeds promptly to repair.' If the tenant stays while the defect is uncured, 'rent abates to the extent the tenant is deprived of the full normal use of the premises.' Damage caused by the tenant's own act or neglect is the tenant's responsibility. These repair duties cannot be waived by lease.
A tenant facing an unrepaired untenantable condition may move out without further rent liability, or stay and claim rent abatement proportional to lost use under Sec. 704.07. ATCP 134 violations can also support double damages plus attorney fees under Wis. Stat. Sec. 100.20(5).
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