(a) Except for repairs made necessary by the negligence of, or improper use of
the premises by, the tenant, the landlord has a duty to do all of the
following:
1. Keep in a reasonable state of repair portions of the premises over which the
landlord maintains control.
2. 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.
3. Make all necessary structural repairs.
4. Except for residential premises subject to a local housing code, and except
as provided in sub. (3) (b), repair or replace any plumbing, electrical wiring,
machinery, or equipment furnished with the premises and no longer in reasonable
working condition.
5. For a residential tenancy, comply with any local housing code applicable to
the premises.
(b) 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 par. (a).
(bm) A landlord shall disclose to a prospective tenant, before entering into a
rental agreement with or accepting any earnest money or security deposit from
the prospective tenant, any building code or housing code violation to which
all of the following apply:
1. The landlord has actual knowledge of the violation.
2. The violation affects the dwelling unit that is the subject of the
prospective rental agreement or a common area of the premises.
3. The violation presents a significant threat to the prospective tenant's
health or safety.
4. The violation has not been corrected.
(c) If the premises are damaged by fire, water or other casualty, not the
result of the negligence or intentional act of the landlord, this subsection is
inapplicable and either sub. (3) or (4) governs.
(3)?Duty of tenant.
(a) If the premises are damaged, including by an infestation of insects or
other pests, due to the acts or inaction of the tenant, the landlord may elect
to allow the tenant to remediate or repair the damage and restore the
appearance of the premises by redecorating. However, the landlord may elect to
undertake the remediation, repair, or redecoration, and in such case the tenant
must reimburse the landlord for the reasonable cost thereof; the cost to the
landlord is presumed reasonable unless proved otherwise by the tenant.
Reasonable costs include any of the following:
1. Materials provided or labor performed by the landlord.
2. At a reasonable hourly rate, time the landlord spends doing any of the
following:
a. Purchasing or providing materials.
b. Supervising an agent of the landlord.
c. Hiring a 3rd-party contractor.
(b) Except for residential premises subject to a local housing code, the tenant
is also under a duty to keep plumbing, electrical wiring, machinery and
equipment furnished with the premises in reasonable working order if repair can
be made at cost which is minor in relation to the rent.
(c) A tenant in a residential tenancy shall comply with a local housing code
applicable to the premises.
Is this correct?
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