Wisconsin Tenant Rights

As a tenant in Wisconsin, you have rights that protect you from being exploited or mistreated by landlords. These rights include the right to a habitable living space, protection against unfair and discriminatory practices, and the right to withhold rent in certain situations. In this article, we will discuss these rights in detail and give you the information you need to protect yourself as a Wisconsin tenant.

The Right to a Habitatable Living Space

As a tenant in Wisconsin, you have the right to a habitable living space. This means that your landlord is legally required to provide you with a property that is safe, clean, and free from health hazards. A habitable living space includes things like:

– Suitable heating, plumbing, and electricity
– Properly functioning doors and windows
– Functioning smoke detectors and carbon monoxide detectors
– Clean and sanitary living conditions
– Freedom from pests or vermin

If your landlord fails to provide you with a habitable living space, you have several options. You can contact your landlord and request that the necessary repairs be made. If your landlord refuses to make the repairs, you can file a complaint with the Wisconsin Department of Agriculture, Trade, and Consumer Protection. You may also be able to withhold rent until the necessary repairs are made. However, it is important to note that you should never withhold rent without first consulting an attorney.

The Right to Protection Against Unfair and Discriminatory Practices

Under Wisconsin law, tenants are protected against unfair and discriminatory practices. This means that landlords cannot refuse to rent to you based on your race, gender, religion, national origin, disability, or familial status. Additionally, landlords cannot discriminate against you once you have moved in.

If you believe that you have been the victim of discrimination, you can file a complaint with the Wisconsin Department of Workforce Development. They will investigate your complaint and take action if they find that discrimination has occurred.

The Right to Withhold Rent in Certain Situations

In certain situations, tenants in Wisconsin have the right to withhold rent. These situations include:

– Failure by the landlord to provide a habitable living space
– Failure by the landlord to make necessary repairs
– Retaliation by the landlord against the tenant for exercising their rights as a tenant

However, it is important to note that tenants should never withhold rent without first consulting an attorney. Simply not paying rent can lead to eviction, even if you have a legitimate reason for doing so.

Other Tenant Rights in Wisconsin

In addition to the rights outlined above, Wisconsin tenants have several other important rights. These include:

– The right to a written lease agreement
– The right to receive advance notice before a landlord enters the property
– The right to a return of the security deposit upon moving out

Let’s take a closer look at each of these rights.

The Right to a Written Lease Agreement

In Wisconsin, landlords are required to provide tenants with a written lease agreement. This agreement should outline the terms of your tenancy, including the length of the lease, the amount of rent, and any restrictions on how the property can be used.

It is important that you carefully read and understand your lease before signing it. If you have any questions or concerns, you should contact an attorney before signing.

The Right to Advance Notice Before a Landlord Enters the Property

Your landlord cannot enter your property without your permission, except in certain situations. For example, if there is an emergency or if you have requested repairs, your landlord may need to enter your property to address the situation.

In all other cases, your landlord must provide you with advance notice before entering the property. In Wisconsin, this notice must be given at least 12 hours before entry is scheduled to occur.

The Right to a Return of the Security Deposit Upon Moving Out

When you move out of your rental property, your landlord is required to return your security deposit, minus any deductions for damages or unpaid rent. Wisconsin law requires landlords to return the deposit within 21 days of the tenant moving out.

If your landlord does not return your deposit within 21 days, you can file a complaint with the Wisconsin Department of Agriculture, Trade, and Consumer Protection.

Conclusion

As a tenant in Wisconsin, you have several important rights that protect you from mistreatment or exploitation by landlords. These rights include the right to a habitable living space, protection against unfair and discriminatory practices, and the right to withhold rent in certain situations.

It is important that you understand your rights as a tenant and know what to do if those rights are violated. By being informed and taking action when necessary, you can protect yourself and your rights under Wisconsin law.

Quick Guide to Wisconsin Tenant Rights

Some Wisconsin tenant rights reflect the laws and statutes of other states, but some of the laws are very different.  Many of these laws have changed within the last year, and most of the laws became active during December of 2011.  Some of your WI tenant rights that you thought you were entitled to within the past are now eliminated.  You should be aware of your new WI tenant rights.

Newly Changed Wisconsin Tenant Rights

Rights have changed regarding the application process, security deposits, and the lease itself.  Some of these changes fall below:

Application Process

• Landlord’s can now consider the tenant’s occupation when thinking about signing them under a lease.

• Landlords can research court records when considering signing a tenant.  A landlord can deny a tenant even if a crime occurred many years ago.

• Landlord’s can now require a tenant’s social security number on the application.

Security Deposits

• Landlord can now ask tenants to pay any amount as a security deposit.  Normally, a security deposit equals one month’s rent, but a landlord can now ask for more.

• Landlord’s do not need check-in forms, check-out forms, and photos in order to deduct damages from a security deposit.  However, you can still dispute the deductions under Wisconsin tenant rights.

• Landlords are not required to pay interest on security deposits anymore.

During Lease Period

• Landlord can show the rental unit and begin a new lease at any point throughout the former lease agreement.

• Landlords must also only give a 12 hour notice in order to show a rental unit.

You still have WI Tenant Rights

Apart from the denial of former rights above, you still have many rights as a tenant.  Wisconsin tenant rights still apply to discrimination, security deposits, and the lease period.  Some of these rights fall below.

Discrimination

Apart from an occupational status, a landlord still can’t deny a property to someone based upon the following:

• Race, color, religion, sex, national origin, mental or physical disability, family status, sexual orientation, marital status, or age

• Type of military discharge

• Physical appearance

• Gender identity

• Domestic partnership status

• Political beliefs

• Student status

• Level of Section 8 rental assistance

Security Deposits

Under your Wisconsin tenant rights, you can still sue landlords for unlawful withholds on your security deposit, but tenants can only sue for twice the amount of what was unlawfully withheld.  Additionally, a landlord must still return the security deposit within 21 days of the tenant leaving the property.

Unfortunately for the tenant, if a landlord doesn’t return the security deposit within 21 days, they still don’t owe the tenant the full amount unless the tenant begins the complaint process.

Landlords can only reduce the returned deposit upon the following:

• Unpaid rent

• Unpaid utilities

• Unpaid parking fees

• Neglectful damages

During Lease Period

Under Wisconsin tenant rights, a landlord must still give a tenant a chance to compile a list of damages that existed before they moved in.  Landlords must also give a 24 hour notice (unless they are showing the apartment) in order to make repairs.