Section 704.45. Retaliatory conduct in residential tenancies prohibited.

 

(1)  Except as provided in sub. (2) , a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur but for the landlord's retaliation against the tenant for doing any of the following:

(a) Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency.

(b) Complaining to the landlord about a violation of s. 704.07 or a local housing code applicable to the premises.

(c) Exercising a legal right relating to residential tenancies.

(2)  Notwithstanding sub. (1) , a landlord may bring an action for possession of the premises if the tenant has not paid rent other than a rent increase prohibited by sub. (1) .

(3)  This section does not apply to complaints made about defects in the premises caused by the negligence or improper use of the tenant who is affected by the action or inaction.

1981 c. 286 . Cross-reference: See also s. ATCP 134.09 , Wis. adm. code. A landlord cannot evict a tenant solely because the tenant has reported building code violations. Dickhut v. Norton, 45 Wis. 2d 389 , 173 N.W.2d 297 (1970).