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Overview
Wisconsin does not have specific state statutes addressing mold in rental properties. However, tenants are protected under the implied warranty of habitability established by Wisconsin Statute 704.07, which requires landlords to maintain rental premises in a reasonable state of repair and comply with applicable health and safety laws. Additionally, Wisconsin Administrative Code ATCP 134 provides consumer protections for residential tenants. While mold is not specifically mentioned in state law, landlords are generally responsible for addressing mold issues that result from structural problems or maintenance failures that affect tenant health and safety. [Tenant Landlord Issues Involving Mold - Wisconsin Department of Health Services]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Tenants have the right to rental premises that are maintained in a reasonable state of repair. Landlords must keep the premises in compliance with local housing codes and address conditions that materially affect health or safety, which can include significant mold problems caused by water intrusion or structural defects.
Right to Rent Abatement for Untenantable Conditions
If the premises become untenantable due to conditions hazardous to health, or if there is a substantial violation of habitability requirements materially affecting health or safety, the tenant may vacate (and cease paying rent) or remain while rent abates proportionally to the extent they are deprived of use of the premises.
Landlord Responsibilities
Maintain Premises in Reasonable Repair
Landlords must keep portions of the premises under their control in a reasonable state of repair. This includes addressing water intrusion, leaks, and moisture problems that can lead to mold growth. The duty to repair cannot be waived in residential leases.
Make Necessary Structural Repairs
Landlords are required to make all necessary structural repairs. This includes fixing roof leaks, foundation issues, and other structural problems that can cause water intrusion and lead to mold growth.
Remedies Available to Tenants
Rent Withholding
Available: Wisconsin allows rent abatement (a reduction in rent) when premises become untenantable due to conditions hazardous to health or substantial violations materially affecting health or safety. However, Wisconsin law does not authorize rent to be withheld in full if the tenant remains in possession. Rent abates only to the extent the tenant is deprived of full normal use of the premises. Tenants should document all issues thoroughly, provide written notice to the landlord, and consider depositing disputed rent into an escrow account. Full rent withholding without court approval is risky and may lead to eviction proceedings.
Repair and Deduct
Not Available: Wisconsin does not have a statutory repair and deduct remedy for residential tenants. Unlike some other states, Wisconsin law does not explicitly authorize tenants to make repairs and deduct the cost from rent. Tenants who attempt to use repair and deduct without clear legal authority risk eviction for nonpayment of rent. Instead, Wisconsin tenants should pursue other remedies such as rent abatement through proper channels, filing complaints with local building inspectors, filing a DATCP complaint, or pursuing legal action.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Wisconsin
Understanding Wisconsin's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Wisconsin's Humid Continental Climate
Wisconsin has a humid continental climate with warm, humid summers and cold winters. The state receives 30-35 inches of precipitation annually. Lake Michigan and Lake Superior influence climate in eastern and northern regions, adding moisture. Summer humidity frequently exceeds 70%, particularly near the Great Lakes.
Great Lakes and Basement Challenges
Wisconsin faces significant mold challenges from Great Lakes humidity and widespread basement construction. Milwaukee and other lakefront cities experience elevated humidity from lake-effect moisture. The state has extensive older housing stock with basements prone to moisture issues. Spring snowmelt and summer humidity create seasonal mold growth risks.
ATCP 134 Protections
Wisconsin Administrative Code ATCP 134 provides consumer protections for residential tenants beyond basic habitability requirements. This includes regulations on security deposits, lease termination, and landlord access that can be relevant when dealing with mold-related disputes.
Lake-Effect Moisture
Communities near Lake Michigan and Lake Superior experience lake-effect precipitation and humidity. Milwaukee, Kenosha, and other lakefront areas face elevated moisture levels that can contribute to indoor mold problems. Lake-effect snow and rain add to seasonal moisture challenges.
Common Mold Types in Wisconsin
Wisconsin's proximity to Lake Michigan and Lake Superior creates lake-effect moisture and elevated humidity in lakefront communities. Milwaukee and other cities have extensive older housing with basements prone to moisture issues. Spring snowmelt contributes to seasonal flooding and basement water problems.
Stachybotrys chartarum
Black mold found in chronically water-damaged homes, particularly common in Milwaukee's older housing with basement moisture issues.
Aspergillus
Widespread throughout Wisconsin, found in HVAC systems and water-damaged materials. Thrives in Great Lakes humidity.
Cladosporium
Common in Wisconsin basements and bathrooms, particularly in lakefront communities with elevated humidity levels.
Penicillium
Frequently found in water-damaged materials, wallpaper, and insulation in Wisconsin's older housing stock.
Alternaria
Outdoor mold that enters buildings during Wisconsin's humid summer months; common in agricultural areas.
Mold Professional Requirements in Wisconsin
Implied Warranty of Habitability
Wisconsin law establishes an implied warranty of habitability through Wis. Stat. 704.07, which applies to all residential tenancies and cannot be waived by lease agreement. Under this statute, landlords must: (1) keep portions of the premises under their control in reasonable repair, (2) maintain equipment necessary to supply services like heat, water, and air conditioning, (3) make all necessary structural repairs, (4) repair or replace plumbing, electrical wiring, machinery, and equipment furnished by the landlord, and (5) comply with local housing codes. If mold develops due to a landlord's failure to address moisture intrusion, leaks, or other maintenance issues, it may constitute a violation of this habitability standard. [Wis. Stat. 704.07 - Wisconsin Legislature]
Mold Disclosure Requirements
Local Regulations
Some cities in Wisconsin have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Wisconsin mold law details.
Milwaukee, WI
Local mold risks, prevention priorities, and next steps for Milwaukee.
Madison, WI
Local mold risks, prevention priorities, and next steps for Madison.
Green Bay, WI
Local mold risks, prevention priorities, and next steps for Green Bay.
Kenosha, WI
Local mold risks, prevention priorities, and next steps for Kenosha.
Racine, WI
Local mold risks, prevention priorities, and next steps for Racine.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Wisconsin.
Wisconsin Housing and Economic Development Authority (WHEDA) Programs
WHEDA offers housing rehabilitation programs that may cover mold remediation as part of home repairs for qualifying homeowners.
Eligibility: Income-qualified Wisconsin homeowners
Coverage: Varies by program - may include mold remediation as part of housing rehabilitation
Phone: 800-334-6873Learn More →
Wisconsin Home Energy Assistance Program (WHEAP)
Weatherization assistance that may address moisture and ventilation issues contributing to mold growth.
Eligibility: Low-income Wisconsin households
USDA Section 504 Home Repair Program
Federal program providing loans and grants to very low-income rural Wisconsin homeowners for home repairs including mold remediation.
Eligibility: Very low-income homeowners in eligible rural Wisconsin areas
Coverage: Loans up to $40,000; grants up to $10,000 for elderly homeowners
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Wisconsin have specific laws about mold in rental properties?
No, Wisconsin does not have specific state statutes addressing mold in rental properties. However, mold issues are addressed through the general implied warranty of habitability under Wis. Stat. 704.07, which requires landlords to maintain premises in reasonable repair and address conditions hazardous to health. If mold results from the landlord's failure to fix water intrusion or structural problems, it may violate this habitability standard.
Can I withhold rent if my Wisconsin rental has mold?
Wisconsin allows rent abatement (a proportional reduction in rent) when conditions materially affect health or safety, but does not authorize tenants to withhold rent in full while remaining in possession. If you have mold issues, you should document everything, notify your landlord in writing, and consider depositing disputed rent into an escrow account. Withholding rent without following proper procedures is risky and could lead to eviction.
Is my Wisconsin landlord required to disclose mold before I rent?
Wisconsin does not have a specific mold disclosure requirement. However, under ATCP 134.04(2), landlords must disclose any building or housing code violations of which they have actual knowledge before entering into a rental agreement. If mold has resulted in code violations, those would need to be disclosed.
Official Resources
These official resources can help you understand your rights and take action: