Wisconsin Repairs & Tenant Remedies
Wisconsin rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No repair-and-deduct remedy. The landlord must keep the premises in reasonable repair, make structural repairs, keep landlord-supplied equipment working, and comply with local housing codes. Wis. Stat. § 704.07(1)-(2)
The rules in Wisconsin
| Repair and deduct | No repair-and-deduct remedy. The landlord must keep the premises in reasonable repair, make structural repairs, keep landlord-supplied equipment working, and comply with local housing codes. These duties cannot be waived in a residential lease. Before signing a lease or taking a deposit, the landlord must disclose known, uncorrected code violations that pose a significant health or safety threat (§ 704.07(2)(bm)). Source: Wis. Stat. § 704.07(1)-(2) |
|---|---|
| Withholding rent | Full rent withholding is not authorized while the tenant stays. If the unit becomes untenantable, or a landlord repair violation materially affects health or safety, rent abates to the extent the tenant loses full normal use. Alternatively, the tenant may move out unless the landlord promptly repairs, and owes no rent after the unit became untenantable. Abatement is not available if the tenant's negligence or misuse caused the condition. Source: Wis. Stat. § 704.07(4) |
| Landlord retaliation | Landlord may not raise rent, decrease services, bring an eviction, refuse to renew, or threaten any of these because the tenant: complained in good faith about a defect to a public official or local code-enforcement agency, complained to the landlord about a § 704.07 or housing-code violation, or exercised a legal tenant right. ATCP 134.09(5) also protects joining or organizing a tenants' union, and a lease allowing retaliation for calling police, health, or safety services is void. No presumption period. The tenant must show by a preponderance of the evidence that the landlord would not have acted 'but for' retaliation. Eviction for nonpayment of rent is still allowed. |
Related questions
Wisconsin vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| Wisconsin | No repair-and-deduct remedy. The landlord must keep the premises in reasonable repair, make structural repairs, keep landlord-supplied equipment working, and comply with local housing codes. These duties cannot be waived in a residential lease. Wis. Stat. § 704.07(1)-(2) | Full rent withholding is not authorized while the tenant stays. If the unit becomes untenantable, or a landlord repair violation materially affects health or safety, rent abates to the extent the tenant loses full normal use. Alternatively, the tenant may move out unless the landlord promptly repairs, and owes no rent after the unit became untenantable. Wis. Stat. § 704.07(4) | Landlord may not raise rent, decrease services, bring an eviction, refuse to renew, or threaten any of these because the tenant: complained in good faith about a defect to a public official or local code-enforcement agency, complained to the landlord about a § 704.07 or housing-code violation, or exercised a legal tenant right. ATCP 134.09(5) also protects joining or organizing a tenants' union, and a lease allowing retaliation for calling police, health, or safety services is void. Wis. Stat. § 704.45; Wis. Admin. Code ATCP 134.09(5); Wis. Stat. § 704.44(1m) |
| Illinois | Allowed for repairs costing no more than the lesser of $500 or one-half of monthly rent: tenant sends written notice by registered/certified mail; if landlord does not repair within 14 days (or sooner in an emergency), tenant may have a licensed, insured, unrelated tradesman do the work and deduct the paid bill from rent. 765 ILCS 742/5, 742/10, 742/15 | No general statewide rent-withholding statute. The AG lists, as an eviction defense, withholding a reasonable portion of rent where the landlord failed to maintain utilities or make repairs after notice. Illinois AG fact sheet 'Eviction Defenses' | Landlord may not knowingly terminate, raise rent, decrease services, sue or threaten to sue for possession, or refuse to renew because the tenant in good faith complained of code violations to government or a community organization, requested repairs, joined/organized a tenants' union, testified about conditions, or exercised any legal right. Rebuttable presumption of retaliation if protected activity occurred within one year before the landlord's act. Remedies: defense to eviction, termination, recovery of possession, and the greater of 2 months' rent or 2 times damages, plus attorney's fees. 765 ILCS 721/5-20 (Landlord Retaliation Act) |
| Iowa | Limited. (1) If the landlord deliberately or negligently fails to supply heat, running water, hot water, or essential services, the tenant may give written notice and procure them and deduct the actual, reasonable cost from rent. (2) In a nonpayment eviction it is a defense, and the cost is deducted from rent claimed, if the tenant gave at least 7 days' notice before the rent due date of intent to fix a lease/§ 562A.15 violation, the reasonable cost was no more than one month's rent, and the repair was made in good faith before the landlord's termination notice. Iowa Code § 562A.23(1); § 562A.27(4) | No general right to withhold rent. In a nonpayment possession action, the tenant may counterclaim for amounts owed by the landlord; the court may order rent paid into court and decides the net amount due. Iowa Code § 562A.24 | Landlord may not raise rent, decrease services, or bring or threaten an action for possession after the tenant complains to a code-enforcement agency about a health/safety violation, complains to the landlord about a § 562A.15 violation, or organizes or joins a tenants' union. A good-faith complaint within one year before the alleged retaliation creates a presumption of retaliation. Tenant may recover actual damages and attorney fees and has a defense to eviction. Iowa Code § 562A.36 |
| Michigan | Allowed under common law (no statute): after reasonable (preferably written) notice to the landlord, a tenant may make necessary repairs and deduct the cost from rent; keep all receipts. MCL 554.139 (covenant of fitness and repair); common law | Allowed under common law (no statute): tenant may withhold rent (ideally paid into a separate escrow account, with written notice to the landlord) when the landlord breaches the duty to repair. Landlord breach and escrowed rent are statutory defenses to a nonpayment eviction. MCL 600.5720(1)(f),(g); MCL 554.139 | Defense to eviction: no judgment for possession if termination was intended primarily as a penalty for the tenant's attempt to enforce lease or legal rights, complaint to a government authority about a health/safety code violation, or other lawful tenancy-related act (including joining a tenant organization), or if the landlord added lease obligations as such a penalty. Presumption of retaliation if the tenant's protected action through a court or government agency occurred within 90 days before the eviction case began and was not dismissed/denied. MCL 600.5720(1)(a)-(c),(e); MCL 600.5720(2) |
| Minnesota | No general statutory right for a tenant to make repairs and deduct the cost from rent on their own. A court can authorize the tenant to make repairs and deduct the cost from rent in a rent escrow or tenant remedies action. Minn. Stat. §§ 504B.385, 504B.425(c) | Rent escrow: after written notice of the violation, if the landlord has not fixed it within 14 days (or the time set in an inspector's order has run out), the tenant may deposit the full rent with the court administrator. A hearing is held 10–14 days later. The court can order repairs, abate rent, release escrowed funds to pay for repairs, and fine the landlord. Minn. Stat. § 504B.385 | It is a defense to eviction if the landlord's notice or action is, in whole or part, a penalty for the tenant's good-faith attempt to enforce lease or legal rights or a good-faith report of code violations to a government authority. Rent increases or service cuts as penalties are also barred. If the notice to quit was served within 90 days after the protected act, the landlord must prove it was not retaliatory. After 90 days, the burden is on the tenant. Minn. Stat. §§ 504B.285, subds. 2-3; 504B.441 |
City rules that may add to state law
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Wisconsin Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in Wisconsin?
No repair-and-deduct remedy. The landlord must keep the premises in reasonable repair, make structural repairs, keep landlord-supplied equipment working, and comply with local housing codes. These duties cannot be waived in a residential lease. (Wis. Stat. § 704.07(1)-(2))
Can a tenant withhold rent for repairs in Wisconsin?
Full rent withholding is not authorized while the tenant stays. If the unit becomes untenantable, or a landlord repair violation materially affects health or safety, rent abates to the extent the tenant loses full normal use. Alternatively, the tenant may move out unless the landlord promptly repairs, and owes no rent after the unit became untenantable. (Wis. Stat. § 704.07(4))
Can a landlord retaliate against a tenant for complaining in Wisconsin?
Landlord may not raise rent, decrease services, bring an eviction, refuse to renew, or threaten any of these because the tenant: complained in good faith about a defect to a public official or local code-enforcement agency, complained to the landlord about a § 704.07 or housing-code violation, or exercised a legal tenant right. ATCP 134.09(5) also protects joining or organizing a tenants' union, and a lease allowing retaliation for calling police, health, or safety services is void. (Wis. Stat. § 704.45; Wis. Admin. Code ATCP 134.09(5); Wis. Stat. § 704.44(1m))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.