Tenants Rights in Milwaukee, Wisconsin
Like all states, Wisconsin has legislation dedicated to landlord and tenant rights and obligations. Milwaukee does not have its own housing code, so all tenant rights are granted from Chapter 704, Wisconsin Statutes and Chapter ATCP 134. Tenant rights include habitability, proper notice and the return of security deposits.
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Utility Responsibility
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A Milwaukee tenant has the right to know what utilities the landlord must cover, and which the tenant must cover. A landlord cannot cancel utilities or cause them to be shut off in an attempt to force a tenant from the premises. This places the unit in an uninhabitable state; violations can be reported to Milwaukee's Department of Neighborhood Services or the Tenant Resource Center.
Security Deposit
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Landlords charging security deposits for rental units must follow specific guidelines. A tenant has the right to do an inspection of the unit within seven days of the move-in date, and make a note of any existing damage. That way, no portion of the security deposit can be applied to repair costs. The tenant has the right to receive the security deposit within 21 days of move-out, less any damages.
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Repairs
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Repair responsibilities can be set forth in the lease agreement, but the assumed arrangement is that the tenant takes care of all minor repairs and maintenance within the rental unit. Wisconsin legislation requires landlords to handle significant repairs affecting the tenant's safety, health or convenience. Tenants have the right to report landlords to the local building or health inspector who do not make these repairs.
Inspection
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Prior to renting a unit, a tenant is permitted to make a full inspection--appliances, electrical systems, existing damage, locks, water and heat. A landlord is also required to disclose any housing code violations and other significant defects.
Lease Termination
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A tenant can terminate a lease under two conditions: One is called constructive eviction. This is when repairs or defects are so extreme, the tenant is unable to live in the unit. A tenant can leave under constructive eviction under a lease of any length, but cannot terminate it without first providing the landlord written notice and time to make the repairs. The second is giving suitable notice on a month-to-month lease. A tenant can end one simply through giving the landlord a 28-day notice. The landlord can also use this method for terminating a periodic tenancy. The notice must be written and provide the specific lease termination date.
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References
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