Wisconsin Statewide Rule

Wisconsin Habitability and Repair Duties (Wis. Stat. Sec. 704.07)

Heavy RestrictionsApplies statewide across Wisconsin (2026)

Key Facts

Landlord must repair: Structure, common areas, heat/water equipment
Untenantable premises: Tenant may move out if not promptly repaired
Rent abatement: To extent tenant loses full normal use
Tenant-caused damage: Tenant's responsibility
Waivable?: No (Sec. 704.07 duties cannot be waived)

Last verified: September 5, 2026

Summary

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.

(a) Except for repairs made necessary by the negligence of, or improper use of the premises by, the tenant, the landlord has a duty to do all of the following: 704.07(2)(a)1.1. Keep in a reasonable state of repair portions of the premises over which the landlord maintains control. 704.07(2)(a)2.2. Keep in a reasonable state of repair all equipment under the landlord's control necessary to supply services that the landlord has expressly or impliedly agreed to furnish to the tenant, such as heat, water, elevator, or air conditioning. 704.07(2)(a)3.3. Make all necessary structural repairs. 704.07(2)(a)4.4. Except for residential premises subject to a local housing code, and except as provided in sub. (3) (b), repair or replace any plumbing, electrical wiring, machinery, or equipment furnished with the premises and no longer in reasonable working condition. 704.07(2)(a)5.5. For a residential tenancy, comply with any local housing code applicable to the premises.

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Full Breakdown

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.

Violations & Penalties

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).

Frequently Asked Questions

What must a Wisconsin landlord keep in repair?

Under Wis. Stat. Sec. 704.07 the landlord must keep controlled portions of the premises and common areas in reasonable repair, maintain equipment supplying heat, water, and similar services, and make all necessary structural repairs.

Can a Wisconsin tenant get a rent reduction for bad conditions?

Yes. If the premises are untenantable and the landlord does not repair promptly, the tenant may move out, or stay and have rent abate to the extent the tenant is deprived of the full normal use of the premises (Sec. 704.07).

Can a Wisconsin lease waive the landlord's duty to repair?

No. The repair and habitability duties under Sec. 704.07 cannot be waived by the rental agreement.

Sources

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