Legal Question in Real Estate Law in Wisconsin

Unfixed water heater and landlord's stalling on getting it fixed

My apartment building's water heater has been broken for 10 days now. The landlord calls everyother day gives another excuse for why it is not working. This landlord has also been sued by tenants in other buildings for not repairing things that are not the tenant's responsiblity. Seems that money is a motivator for this landlord. Can I withhold rent or even prorate my monthly rent until the water heater is fixed?

Shivering in Wisconsin,


Asked on 1/10/03, 3:38 pm

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Unfixed water heater and landlord's stalling on getting it fixed

The best possible result would be for all the tenants to send a joint letter to the landlord, indicating that if the water heater is not fixed in, let's say 3 days, the next rent monies due would be used to fix it and an offset would then occur as the next rent becomes due. There is some risk in doing this. If all the landlord has is enough cash flow to cover his mortgage, he could go into default and the building could go into foreclosure. That would risk everyone's occupancy, but I think it would be a reasonable risk to take in these circumstances.

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Answered on 1/10/03, 4:01 pm


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