Landlords who retaliate are at risk of having the tenant terminate the lease and sue the landlord. If a court decides the landlord has retaliated against the tenant, the following penalties may be assessed: [1]
Under landlord-tenant law in Wisconsin, there is never a time that a landlord can retaliate against a tenant for exercising their rights.
However, actions that may seem retaliatory can be legal if within the law. For instance, a landlord may increase the rent at the end of the lease term, and terminate a lease or evict a tenant for violating the terms of the agreement.
Under the Fair Housing Act, landlords cannot discriminate against a tenant based on protected characteristics such as race, color, national origin, religion, sex, familial status, or disability.
Discriminatory acts include:
A landlord does not provide necessary repairs to a Black tenant, but provides necessary repairs to a White tenant.
Landlords who discriminate are at risk of having the tenant terminate the lease and sue the landlord. When suing the landlord, a tenant may either file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the federal court in the jurisdiction where the tenant resides.
If either HUD or a federal court decides the landlord has discriminated against the tenant, the tenant may be eligible for the following remedies: [2]
In Wisconsin, a landlord can never discriminate against a tenant, except in one instance. The exception is known as the “Mrs. Murphy Exemption”.
The “Mrs. Murphy” exemption provides that if a dwelling has four or fewer rental units and the owner lives in one of those units, that owner is exempt from the Fair Housing Act. Therefore, a landlord would be able to discriminate against tenants. [3]
There is a blanket ban on a landlord discriminating against the tenant because of race. No matter the Mrs. Murphy exemption, a landlord can never discriminate against a tenant because of race.
Furthermore, the exemption does not apply to rental advertisements. For example, the owner of the dwelling cannot be discriminatory in their advertisements by saying that people of a certain sexual orientation or race need not apply just because the dwelling itself is exempt from the Fair Housing Act.
In Wisconsin, landlords cannot evict a tenant or force them to vacate the rental premises without legal cause that a tenant violated the lease.
A landlord may have legal grounds for evicting a tenant if the tenant: [4]
Landlords who evict their tenants without legal cause will be liable to the tenant for certain damages. If a court finds the landlord evicted the tenant without cause, the landlord may be liable for:
Once a court finds there was no cause for eviction, tenants will be allowed to return into the leased premises.
In Wisconsin, a landlord cannot legally evict a tenant without cause. However, a landlord would be able to evict a tenant on legal grounds such as the tenant not paying rent on time, staying after the lease ends, violating lease terms or not upholding responsibilities under Wisconsin law.
Eviction proceedings include:
Ensure that the tenant has violated the lease terms prior to initiating an eviction lawsuit.
A landlord in Wisconsin cannot raise the rent as often as they want nor increase it by an unreasonable amount during the life of the lease term. A rent increase will be illegal if it is done in any of three instances:
Unless written into the lease, a landlord cannot increase rent prior to the end of the contract. [5] When landlords do raise the rent for the aforementioned reasons, they will be in violation of the lease, and the tenant will be able to terminate the lease. Landlords may also be charged fines and penalties associated with increasing rent.
Before raising the rent, a landlord should ensure that it is done after the lease term has ended. If the proper procedure is outlined in the lease, those procedures should be followed.
A landlord can increase rent at the end of any lease term. A lease is a legally binding contract, and the landlord must abide by the terms, including the set monthly rent. However, there are no control laws in Wisconsin, so any time a lease expires, the landlord can raise the rent as much as they like and allow the tenant the chance to renew at the new rate.
If the lease is for two years, the landlord can only raise the rent every two years, but if it’s a month-to-month lease, they can raise it every 30 days if they so choose.
In Wisconsin, a landlord may not withhold the tenant’s security deposit for any disallowed reason. Although Wisconsin law does not place limits on security deposits, cities and towns govern them. [6]
For example, a landlord would be unable to withhold the security deposit for property damage incurred from normal wear and tear. Normal wear and tear is deterioration or damage that happens as a result of a tenant living in and using the rental unit in a reasonable manner.
A landlord who withholds a tenant’s security deposit will be responsible for repaying the tenant the whole security deposit amount. Furthermore, the landlord may also be on the hook for attorney’s fees and three times the amount of the security deposit.
A landlord will be able to withhold a tenant’s security deposit for certain reasons. These reasons include: [6]
Should there be any deductions, the landlord must provide an itemized list of deductions that were made within 30 days.
Landlords in Wisconsin cannot violate the covenant of quiet enjoyment, which is an implied term in every lease that guarantees the tenant will have quiet and peaceful possession of the leased premises. [7]
There are several ways a tenant’s right to quiet enjoyment can be violated. Some common examples of violations include:
A landlord would be in violation of the covenant of quiet enjoyment if they continuously allow a tenant to yell racial slurs at another tenant.
There are different recourse options that tenants can take when their rights are violated, including but not limited to:
Any of these actions would have a negative impact on the landlord. The landlord could also be liable for compensation such as moving expenses, attorney’s fees and other expenses.
In Wisconsin, a landlord cannot violate the covenant of quiet enjoyment under any circumstances.
However, actions that seem to violate the covenant of quiet enjoyment may be legal in certain circumstances. For example, a landlord may enter the premises without providing notice to the tenant, in the event of an emergency.
A landlord enters into a tenant’s premises because there is evidence of a fire.
In Wisconsin, landlords must uphold the implied warranty of habitability, which is guaranteed in leases and ensures that the leased premises meet habitability requirements.
There are several ways a landlord may violate the warranty of habitability. Some common examples of violations include: [8]
A landlord violates the warranty of habitability, if, after notice of shutting off, they do not repair the water system in a reasonable amount of time.
When a landlord violates the warranty of habitability, a tenant is entitled to relief such as:
Landlords in Wisconsin cannot violate the warranty of habitability at any time.
A landlord in Wisconsin cannot constructively evict tenants from the leased premises.
Constructive eviction is a circumstance where a tenant’s use of the property is so significantly impeded by actions under the landlord’s authority that the tenant has no alternative but to vacate the premises. [7] [8]
Examples of constructive eviction include:
Landlords who evict their tenants without just cause will be liable to the tenant for certain damages. If a court finds the landlord evicted the tenant without cause, the landlord may be liable for:
Once a court finds there was no cause for eviction, tenants will be allowed to return to the leased premises.
In Wisconsin, a landlord cannot withhold services or force out a tenant so as to constructively evict them.
Although, if a tenant has violated the lease terms, then the landlord can perform actions that are generally associated with constructive eviction. After lease termination, landlords are not contractually obligated to provide the mandatory services outlined in the lease.
When landlords communicate with tenants, they cannot make any statements under false pretenses, which may lead the tenant to believe something that is not true.
There are many ways in which a landlord can commit fraud, including:
A landlord may not tell the tenant that they can pay the rent in a certain way, and then fail to accept that method of payment at a later time.
Landlords who defraud current and prospective tenants may face litigation. Depending on the court, the tenant may be entitled to:
Penalties are especially severe when a landlord includes a lease which may void the rental agreement. Recent Wisconsin caselaw provides that a landlord relying on a voided lease must return to the tenant ALL rent payments across the entire tenancy. [9]
In Wisconsin, landlords cannot defraud tenants under any circumstance.
Prior to renting out leased premises, landlords must register the rental premises with the proper authorities. Landlords must then conduct a proper inspection so that the premises are in a habitable condition for the tenant.
Failure to register the premises and conduct an inspection may lead to fines and other taxes.
Landlords must always pass state inspections to lease out the rental property.
Unless prior written consent has already been granted, a landlord can prohibit a tenant from subletting in Wisconsin. A landlord reserves the right to deny any and all future requests from a tenant to sublease. However, a landlord cannot deny a qualified sublessee or assignee.
A qualified sublessee or assignee is one that:
When a landlord denies a qualified subtenant or assignee, the original tenant may sue the landlord for damages. A tenant may be able to recover money equivalent to the amount of monthly rent for which the landlord disallowed the prospective subtenant or assignee from making payments.
Furthermore, damages associated with the landlord’s failure to mitigate damages may be possible. The duty to mitigate damages exists where the landlord must take reasonable steps to re-rent the unit to a replacement tenant.
A landlord can deny a sublessee when:
In Wisconsin, a landlord can charge an unlimited amount for the security deposit. There are no rent control laws capping the security deposit amount. However, landlords are expected to charge only a reasonable amount for the security deposit.
Generally, a reasonable amount for a Wisconsin security deposit could be two times the amount of rent. So, if the monthly rent is $1,000, a landlord could require the tenant to pay $2,000 as a security deposit.
Landlords in Wisconsin can deduct expenses from the security deposit. [6]
A landlord will be able to withhold a tenant’s security deposit for certain reasons. These reasons include:
In Wisconsin, a landlord can sue a tenant for violating the lease. Common lease violations include:
Landlords can recover damages such as unpaid rent, costs of property damage the tenant caused and eviction of the tenant.
A landlord can enter into a tenant’s premises when there is an emergency. [7]
In practice, a landlord should try to give at least 24 hours’ notice before entering a rented apartment to make (or assess for) repairs or show the unit to prospective new tenants.
In the event of an emergency, such as a fire, burst water pipe, or gas leak, landlords have the right to enter without notice. They may also enter the premises if a tenant has moved out without notifying the tenant or if the landlord has a court order to do so.
A landlord in Wisconsin can conduct a background check on prospective tenants. In Wisconsin, landlords must make available to the applicant, printed notice of the landlord’s tenant selection criteria, including:
In Wisconsin, there are usually costs associated with background checks.
In Wisconsin, a landlord can charge late fees for late rent. According to statute, a landlord can charge up to a certain percentage of the monthly rent as a late penalty. If the landlord is going to charge a late fee, the following requirements need to be met:
Wisconsin law requires that landlords set occupancy limits depending on the type of property the landlord owns.
Generally, the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the premises. There are certain exceptions allowing a higher occupancy limit such as state or federal laws that allow a higher occupancy rate or if an adult is seeking temporary sanctuary from family violence.
A landlord in Wisconsin can require certain forms of payment.
Wisconsin law does not say how a tenant must pay their rent. It does not discuss rules a landlord might impose that would make tenants pay a specific way, like online or with a money order. How a tenant must pay the rent will depend on the specific lease.
Wisconsin law ensures that landlords will provide the option for tenants to pay in cash, unless the lease states otherwise. When a tenant pays in cash, a landlord must provide a written receipt confirming payment.
In Wisconsin, a landlord can charge an application fee associated with a rental application. The fee is to pay the landlord’s cost of running a background check on a prospective tenant.
If the landlord rejects an applicant and the landlord has not made proper notice, the landlord will have to return the application fee. Furthermore, if an applicant requests a landlord to mail a refund of the applicant’s application fee to the applicant, the landlord shall mail the refund check to the applicant.
A landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur but for the landlord’s retaliation against the tenant
If neither party elects to have a federal civil trial before the 20-day Election Period expires, HUD will promptly schedule a hearing for your case before an ALJ…payment of damages.
The Mrs. Murphy Exemption provides that owner-occupied homes with four or fewer rental units are exempt from certain aspects of the Fair Housing Act. This exemption allows property owners to discriminate against certain groups when looking for tenants.
If a month-to-month tenant or a week-to-week tenant fails to pay rent when due, the tenant’s tenancy is terminated if the landlord gives the tenant notice requiring the tenant to pay rent or vacate on or before a date at least 5 days after the giving of the notice and if the tenant fails to pay accordingly.
No city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit.
The sum of all payments and deposits, held as security deposit shall not exceed the equivalent of one month’s rent.
The tenant has the right to exclusive possession of the premises, except as hereafter provided…necessary to preserve or protect the premises, the landlord may enter without notice and with such force as appears necessary
The landlord has a duty to… keep in a reasonable state of repair portions of the premises over which the landlord maintains control; keep in a reasonable state of repair all equipment under the landlord’s control necessary to supply services that the landlord has expressly or impliedly agreed to furnish to the tenant, such as heat, water, elevator, or air conditioning.
…when a transaction [including a covenant to rent] is void, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount and shall be entitled to recover any sums paid to the merchant pursuant to the transaction.
