Wis. Stat. chapter 704 and Wis. Admin. Code chapter ATCP 134 govern landlord tenant law in Wisconsin. However, municipalities throughout Wisconsin have enacted their own ordinances that create variations in the Wisconsin statutes and administrative code.

It is important to understand local ordinances when practicing landlord tenant law in Wisconsin. These variances may provide additional protections to tenants or require specific procedures for landlords or tenants in relation to disputes regarding the rented premises.

An Example: Repairs

Repairs at a premises is an illustration of how landlord tenant laws can vary by jurisdiction. In some municipalities and under certain circumstances, the tenant may be entitled to reduce rent until the requested repair is made.

For example, the City of Madison’s ordinances – Madison General Ordinances (MGO) chapter 32 – specifically address rent abatement procedures. Under MGO 32.04, tenants are eligible to apply for rent abatement when a landlord fails to make repairs after receiving an official notice from the City of Madison Building Inspection office.

An official notice is issued only after a City of Madison building inspector visits the premises. However, only certain building code violations are eligible for rent abatement, and a tenant must follow the rent abatement ordinance to legally reduce rent. A tenant cannot simply withhold rent until the repair is made without complying with MGO 32.04.

Further, rent abatement disputes are heard by a hearing examiner who decides if the tenant can abate rent and the amount the tenant may abate. Wis. Stat. section 68.13 permits judicial review by certiorari of the final decision of the hearing examiner.

In contrast to the City of Madison’s rent abatement procedures, many municipalities around Wisconsin have no formal rent abatement process.

Further, federal laws may apply to landlord tenant relationships. The Americans with Disabilities Act (ADA) requires that landlords make accommodations for tenants with disabilities. The Fair Housing Act prohibits housing discrimination based on race, color, religion, sex, or disability. Section 8 Housing provisions may apply to landlord tenant relationships. Other laws that may apply to landlord tenant relationships are the Federal Lead-Based Paint Disclosure and Service Members Civil Relief Act (SCRA).

Landlord Tenant Resources

In summary, varying laws and local ordinances may create complexity for attorneys, landlords, and tenants, especially those operating across multiple jurisdictions.

While Wis. Stat. chapter 704 and Wis. Admin. Code chapter ATCP 134 govern landlord tenant relationships, city and county specific variations and procedures exist. Additionally, various federal laws may apply to certain premises and not others. Navigating the various laws that apply to landlord tenant relationships can be challenging.

Resources for attorneys, landlords and tenants are available. The Wisconsin Department of Agriculture, Trade and Consumer Protection offers a free hotline and guidebooks regarding landlord tenant law. The Tenant Resource Center offers services in Dane County. Other statewide organizations, like Legal Action of Wisconsin, provide services.

Understanding specific local ordinances and variations in landlord tenant law is essential for attorneys practicing landlord tenant law.

This article was originally published on the State Bar of Wisconsin’s Solo/Small Firm & General Practice Blog of the Solo/Small Firm & General Practice Section. Visit the State Bar sections or the Solo/Small Firm & General Practice Section web pages to learn more about the benefits of section membership.