This section applies to any nonresidential tenancy if there
is no contrary provision in writing signed by both parties and to
residential tenancies. An
agreement to waive the requirements
section in a residential tenancy
, including an agreement in
a rental agreement, is void. Nothing in this section is intended to
rights and duties arising under other provisions of the stat
(a) Except for repairs made neces
the negligence of, or improper use of the premises by
the landlord has a duty to do all of the following:
1. Keep in
a reasonable state of repair portions of the premises
which the landlord maintains control.
2. Keep in a reasonable state of
repair all equipment under the
control necessary to supply services
that the landlord
expressly or impliedly agreed to furnish to the tenant, such
, or air conditioning.
3. Make all necessary structural repairs.
4. Except for residential premises subject to a local housing
and except as provided in sub.
, repair or replace any
electrical wiring, machinery
, or equipment
the premises and no longer in reasonable working condition.
5. For a residential tenancy
, comply with any local housing
applicable to the premises.
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 the landlord’s
duty as to the other tenants to make repairs as provided in part.(a
A landlord shall disclose
to a prospective tenant, before
rental agreement with or accepting any earnest
or security deposit from the prospective tenant, any build
code or housing code violation to which all of the following
1. The landlord has actual knowledge of the violation.
2. The violation af
fects the dwelling unit that is the subject of
prospective rental agreement or a common area of the prem
3. The violation presents a significant threat to
s health or safety
4. The violation has not been corrected.
If the premises are damaged by fire, water or other casualty
the result of the
negligence or intentional act of the landlord,
subsection is inapplicable and either sub.
(a) If the premises are damaged, includ
by an infestation of
insects or other pests, due to the acts or
of the tenant, the landlord may elect to allow the
to remediate or repair the damage
and restore the appearance of
premises by redecorating. However
, the landlord may elect to
the remediation, repair
, or redecoration, and in
the tenant must reimburse the landlord for the reasonable cost
to the landlord is presumed reasonable unless
otherwise by the tenant.
(b) Except for residential premises subject to a local
code, the tenant is also under a duty to keep plumbing,
and equipment furnished with the premises in
working order if repair
can be made at cost which is
in relation to the rent.
A tenant in a residential tenancy shall comply with a local
code applicable to the premises.
premises become untenantable
of damage by fire, water or other casualty or because of
condition hazardous to health, or if
there is a substantial violation of sub.
materially affecting the health or safety of the ten-ant, 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.
or safety of the tenant; or the
tenant may remove if the
tenant by reason of the nature and period of
rebuilding or elimination would impose undue hardship on
tenant. If the tenant remains in
possession, rent abates to the
the tenant is deprived of the full normal use
of the premises.
section does not authorize rent to be withheld in full, if
remains in possession. If the tenant justifiably moves
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