Full question:
I am living in a duplex and have had multiple instances where I cannot get proper repairs. It took approximately 3 months for the from door to be repaired; it would not lock. Also, I am unable to open the garage door and the dishwasher has not been repaired. I have called for the past two weeks regarding the garage door without a response. However, now that rent is late I have received a notice to vacate. What are my rights?
- Category: Landlord Tenant
- Subcategory: Residential Lease
- Date:
- State: Wisconsin
Answer:
The following are WI statutes:
704.07
704.07 Repairs; untenantability.
704.07(1)
(1) Application of section. This section applies to any nonresidential tenancy if there is no contrary provision in writing signed by both parties and to all residential tenancies. An agreement to waive the requirements of this section in a residential tenancy is void. Nothing in this section is intended to affect rights and duties arising under other provisions of the statutes.
704.07(2)
(2) Duty of landlord.
704.07(2)(a)
(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.
704.07(2)(b)
(b) If the premises are part of a building, other parts of which are occupied by one or more other tenants, negligence or improper use by one tenant does not relieve the landlord from the landlord's duty as to the other tenants to make repairs as provided in par. (a).
704.07(2)(c)
(c) If the premises are damaged by fire, water or other casualty, not the result of the negligence or intentional act of the landlord, this subsection is inapplicable and either sub. (3) or (4) governs.
(4) Untenantability. If the premises become untenantable because of damage by fire, water or other casualty or because of any condition hazardous to health, or if there is a substantial violation of sub. (2) materially affecting the health or safety of the tenant, the tenant may remove from the premises unless the landlord proceeds promptly to repair or rebuild or eliminate the health hazard or the substantial violation of sub. (2) materially affecting the health or safety of the tenant; or the tenant may remove if the inconvenience to the tenant by reason of the nature and period of repair, rebuilding or elimination would impose undue hardship on the tenant. If the tenant remains in possession, rent abates to the extent the tenant is deprived of the full normal use of the premises. This section does not authorize rent to be withheld in full, if the tenant remains in possession. If the tenant justifiably moves out under this subsection, the tenant is not liable for rent after the premises become untenantable and the landlord must repay any rent paid in advance apportioned to the period after the premises become untenantable. This subsection is inapplicable if the damage or condition is caused by negligence or improper use by the tenant.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
