1.24.080 Repairs, Untenantability

(a) Application of section. This section applies only to residential tenancies. An agreement to waive the requirements of this section is void. Nothing in this section is intended to affect rights and duties arising under other law.

(b) Duty of Landlord.

(1) Unless the repair was made necessary by the negligence or improper use of the premises by the tenant, the landlord is under a duty to:

(A) Keep in a reasonable state of repair portions of the premises over which he maintains control;

(B) Keep in a reasonable state of repair all equipment under his control necessary to supply services which he has expressly or implied agreed to furnish to the tenant, such as heat, water, elevator or air-conditioning.

(D) Repair or replace any plumbing, electrical wiring, machinery or equipment furnished with the premises and no longer in reasonable working condition, except as provided in sub. (c)(2).

(E) Comply with applicable housing code.

(2) 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 his duty as to the other tenants to make repairs as provided in par. (1).

(3) 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. (2) or (d) governs.

(1) If the premises are damaged by the negligence or improper use of the premises by the tenant, the tenant must repair the damage and restore the appearance of the premises by redecorating. However, the landlord may elect to undertake the repair or redecoration, and in such case the tenant must reimburse the landlord for the reasonable cost thereof; the cost to the landlord is presumed reasonable unless proved otherwise by the tenant.

(2) The tenant is also under a duty to keep plumbing, electrical wiring, machinery and equipment furnished with the premises in reasonable working order if repair can be made at cost which is minor in relation to the rent.

(3) A tenant shall comply with an applicable housing code.

(d) Untenantability.

If the premises becomes 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. (b) 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. (b) 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 him. 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.