Who is responsible for mold prevention and remediation in rental premises in Wisconsin.
There are no laws in Wisconsin that require landlords to remediate mold. However, the landlord’s responsibility is to maintain the rental premises clean and habitable.
Tenants must also ensure that they keep their homes clean and habitable. They should also report mold causing problems to the landlord promptly.
- Keep the property safe and habitable.
- Make all repairs for problems reported within a reasonable time.
- Keep all electrical and plumbing appliances in good working condition.
- Meet all required local housing regulations.
- Lawful evictions.
- Collect rent in agreed-upon amounts and time.
- Supply heat and both hot and cold water.
Tenant rights and responsibilities in Wisconsin
- To live in habitable conditions.
- Timely repair for all problems you report.
- Fix all damage that is your fault.
- Pay the required amount of rent at the agreed time.
- Use provided garbage disposal receptacles.
- Ensure quiet enjoyment of the property for other neighbors.
- No retaliation from the landlord for exercising legal rights.
- Keep the premises clean and habitable.
How long does a Wisconsin landlord have to fix mold problems?
Tenants in Wisconsin are required to allow their landlords reasonable time to fix reported problems. How much time a landlord has to fix the problem is not stipulated.
If they fail to fix the problem, Wisconsin law allows tenants to fix it and deduct the cost from the rent. They can also withhold the rent until the problem is fixed.
Note: See full list of states and mold laws here
Mold disclosure law in Wisconsin
Wisconsin law requires landlords and property sellers to disclose the actual conditions of the home. It also includes any material defects in the property that may affect the value of the property or the health of future occupants.
Sellers and landlords should allow potential buyers and tenants access to the disclosure form before the conclusion of the purchase or rental agreement.
The landlord or seller needs a home inspector. The inspector will provide a report used to prepare the disclosure statement.
Disclosures offer only the information the sellers and landlords currently have. If the seller or landlord is aware of mold in the house, they will disclose it.
Landlords must remediate the mold before getting a new tenant for the unit. It ensures that they maintain the premises habitable.
Can you break your rental lease in Wisconsin due to mold?
You can break your rental lease in Tennessee due to mold.
Wisconsin law allows tenants to break their lease if the unit is not habitable. Mold is one of the problems that will make homes uninhabitable.
In many states, tenants are legally not allowed to break the rental lease if the mold is their fault.
When tenants notice problems that can cause mold, they should report them to the landlord immediately.
If the landlord refuses to fix the reported problems and the unit is not habitable, you can consider it constructive eviction.
If the landlord sues you for the rest of the rent, you must prove in court that the house was uninhabitable, the mold was not your fault, and that you had notified your landlord, and they did not fix the house.
You can legally break your lease in Wisconsin to start active military duty, the landlord discriminates against you and if you had an early termination clause on your lease agreement.
Can a Wisconsin tenant withhold rent due to mold?
Wisconsin tenants can withhold rent to compel the landlord to fix some damage in the unit.
Additionally, if the landlord does not repair the problems after a reasonable time, the tenant can repair and deduct the costs from the rent. The tenant must also provide the landlord with a receipt for the cost of repairs.
Can a Wisconsin tenant seek justice in court due to mold?
In Tennessee, a tenant can sue the landlord for mold when;
- You have evidence the landlord refused to fix water leaks reported before the mold appeared.
- If you have spent money in a hospital or on medication due to mold exposure.
- Lost income due to a condition caused by mold exposure.
- If you have spent any money to remediate the mold.
- For mold-related damage to your property not covered by your renters’ insurance.
- For pain and suffering caused by the health effects of mold.
- The mold presence is not your fault.