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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Applies to
Every dwelling, nondwelling and accessory structure
Structural members
Must safely support imposed dead and live loads
Exterior walls/foundation
Weathertight, rodent proof, insect proof
Doors and windows
Sound condition, intact glass, tight-fitting frames
No separate rental code
Same Chapter 15.32 standard covers rentals
Enforcement
Order to correct, then citation/abatement if ignored

Summary

Wauwatosa's Property Maintenance Code sets the structural baseline every dwelling, rented or owner-occupied, must meet: sound structural members, weathertight exterior walls and foundations, and doors and windows that close and seal properly under Section 15.32.020. Wisconsin law limits additional local landlord-tenant mandates, so this exterior maintenance code is Wauwatosa's operative habitability floor.

Structural Members. ... All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads. Exterior Walls and Foundations. The exterior walls of every structure shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls, or to the occupied spaces of the building; ... Doors, Windows and Basement Hatchways. Every exterior door, door frame, door hinge, door latch and basement hatchway shall be substantially tight and shall be kept in sound condition and repair. Exterior doors, when closed, shall fit reasonably well within the frame. Latches at all exterior doors to dwelling units shall tightly secure the door. Every basement hatchway shall be maintained to prevent the entrance of animals, rain and surface drainage water; Every window sash shall be fully supplied with glass window panes or an approved substitute which are without open cracks or holes. Every window sash shall be in good condition and fit reasonably tight within its frame.

Full Breakdown

Wauwatosa does not run a separate rental-housing habitability code; instead, the structural standard that applies to a rental unit is the same Property Maintenance Code that governs every building in the city. 020 opens by barring any owner from letting a 'building, whether dwelling, nondwelling or accessory' deteriorate below a specific list of conditions. Structural members must be maintained free from deterioration and capable of safely carrying imposed loads. Exterior walls must stay free of holes, breaks, loose or rotting boards, and any condition that would let rain or dampness reach the interior, while foundation walls must be kept plumb, weather tight, rodent proof, insect proof and reasonably watertight.

Roofs and flashing must be sound and tight enough to drain water away from walls and foundations without damage, and gutters and downspouts must be secured and clear. Doors, door frames, hinges and latches must be substantially tight and in sound repair, exterior doors must fit reasonably well in their frames, and every window sash must hold intact glass and fit reasonably tight in its frame. Basement hatchways must be maintained to keep out animals and surface water. These same standards apply regardless of whether the occupant owns or rents; Wisconsin law (Wis. Stat. 32 rather than a standalone landlord ordinance. 070's citation and abatement remedies behind it.

Violations & Fines

A structure that fails these exterior maintenance standards is subject to Section 15.32.060's written order-to-correct, appealable to the board of public works within fifteen days, and Section 15.32.070's citation under Section 1.24.010 and Wisconsin Statute Chapter 800. An owner who does not comply can have the development director perform the repairs and bill the cost as a special charge against the property.

Frequently Asked Questions

Does Wauwatosa have a rental inspection or habitability ordinance?
Not a standalone one. Wauwatosa applies the same Property Maintenance Code, Chapter 15.32, to every building, whether it is owner-occupied or a rental unit. Section 15.32.020 sets the structural and weatherproofing baseline, covering things like sound walls, tight roofs, and doors and windows that close and seal properly, and a tenant can report a violation the same way any resident can.
What structural conditions can I report about my rental unit in Wauwatosa?
Section 15.32.020 covers deteriorated structural members, holed or rotting exterior walls, foundations that are not weathertight or are open to rodents and insects, leaking roofs or clogged gutters, and doors, windows or basement hatchways that no longer seal properly. Any of those can be reported to the city's safety and building division for a correction order.
Can Wauwatosa require my landlord to fix a maintenance problem?
Yes, through the same process used for any property. Section 15.32.060 lets the city issue a written order to correct a violation of Section 15.32.020's maintenance standards, and Section 15.32.070 allows a citation or, if the owner still does not act, city-performed repairs billed back to the property as a special charge.

Sources & Official References

Other rules in Wauwatosa

All Wauwatosa rules

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