What can I do if my landlord won't fix uninhabitable conditions in Wisconsin?

1. Implied Warranty of Habitability — Codified at Wis. Stat. § 704.07 (landlord/tenant duty to repair) and elaborated in Wisconsin Administrative Code ATCP 134, which makes habitability violations unfair trade practices under Wis. Stat. § 100.20.

2. What Counts as Uninhabitable — § 704.07(2): keep in reasonable state of repair the portions over which landlord maintains control, and comply with health/safety/housing codes. Lack of heat, hot water, working plumbing, electrical, sanitation, vermin, structural defects all qualify.

3. Tenant Notice to Landlord — Written notice and reasonable opportunity to repair; ATCP 134.06 sets specific disclosure and notice rules.

4. Repair-and-Deduct — § 704.07(4) allows tenant to abate rent in proportion to diminished value if landlord fails to repair. Limited self-help repair-and-deduct via case law; reasonable cost.

5. Rent Withholding / Escrow — Wisconsin allows partial rent abatement as remedy; full withholding risks eviction. Court may order escrow.

6. Constructive Eviction — § 704.07(4) allows tenant to terminate the lease if premises become untenantable; rent payable only up to date of vacating.

7. Affirmative Defense to Eviction — Habitability breach is a defense and counterclaim in eviction; rent abatement determined by court.

8. Damages & Penalties — Under Wis. Stat. § 100.20(5), ATCP 134 violations entitle tenant to double damages, costs, and reasonable attorney fees. Plus rent abatement and termination remedies.

9. Retaliation Protection — Wis. Stat. § 704.45 prohibits landlord retaliation for tenant's good-faith complaint to a government agency or assertion of rights; retaliatory eviction is a defense.

This is legal information, not legal advice.