Tenant rights are expressed in the Wisconsin State Statute Chapter 704 and in the Department of Commerce and Agriculture Chapter 134.
The core rights of tenants include:
- Right to live in a safe dwelling which must be kept up to the city's maintenance codes
- Right to seek compensation for unusable spaces for code violations.
Landlord Rights:
Landlords also have rights which dictate how they can manage their rental properties. These rights include:
- Right to collect rent as determined by the lease.
- Right to remove tenants for breaching the contract (this includes cases involving the manufacturing, sale, or use of uncontrolled substances inside the property)
- Right to view property after giving a 24 hour notice to residents.
As a renter you do not own the property and once you leave other renters take over. It is important to take care of the property as if it were your own, especially to avoid charges for damages once you move out.
Exercising Your Rights
It is your responsibility as a tenant to take an active role in getting problems solved. Most landlords are unaware that violations exist. It is important to approach your landlord objectively (without emotion) and maintain respect. COMMUNICATION is the most important aspect of dealing with a landlord. A kind word and a sound judgment will go far, especially when renters are well within the law. Follow these steps to maximize the results.
Day 1
Contact your landlord. Inform them of the problem, your name, which property you are at, and establish an appointment for them to view the problem. Do not hang up the phone or leave the office without having established a reasonable time for both parties. Log the time and reaction of the landlord in a journal. Include the meeting/phone call time and date in any subsequent letter. Most problems will be fixed after this call.
Day 4
If three days have passed without hearing from the landlord, or a tenant has reason to believe that the landlord is not addressing the problem properly, try to contact the landlord again. If still unsatisfied, use this template to write a letter to the landlord and formally notify them of the problem. Make sure you send a copy to Bruce Parker, the City's Neighborhood Services Director, and send both letters through certified mail. This will give you proof of the request. As an additional step, tenants may set up an appointment with the Whitewater Student Government lawyer for free legal consultation.
Day 18
If progress has not been made or is unreasonable, send a second letter using this template to your landlord and the City's Neighborhood Services Director. Once again send it through certified mail to the landlord and Bruce Parker. If you have not already met with the WSG lawyer, make an appointment. Something might not be right and you need to know your legal options. Also, set up a meeting with Bruce Parker to discuss options with him as well. If real maintenance code violations exist, the city can force the landlord to address the problems.
Day 32
By this time the city should have established time limits or penalties on the landlord. You may be entitled to fix the problem yourself and bill the landlord, but it is a tricky process. Tenants can take up this responsibility, but it is recommended to speak with the WSG lawyer. Only if you are advised by a lawyer to proceed with another letter should you use this template to contact your landlord. Whitewater Student Government strongly recommends putting trust in the city since dealing with these problems is one of its responsibilities. In extreme cases, landlords may be fined up to $100 dollars a day.
If parts of your residence were rendered uninhabitable by these maintenance violations, you are entitled to rent back and you should talk with the WSG lawyer to better understand this process.
Make sure you stay on good relations with your landlord. We urge you to properly thank your landlord after he or she has upgraded or fixed the premises. You may use this template to facilitate in making the gesture, but a personal letter is even better.
