If you are experiencing issues with the condition or quality of your housing, you may be able to abate, or withhold, some of your rent.
Legal Action of Wisconsin, the Legal Aid Society of Milwaukee, the Marquette Volunteer Legal Clinics and the Milwaukee Justice Center worked together to create user-friendly materials for folks on what rent abatement is and how to do it properly.
Rent abatement
The process known as rent abatement allows tenants to withhold a portion of their rent when landlords fail to fix issues that affect health, safety or basic livability.
According to the materials created by the group, tenants do not need a written lease to pursue rent abatement, but they should carefully assess their situation before taking that action.
Key factors include whether the problem impacts daily living, whether the landlord has been notified (preferably in writing) and whether the tenant has documented the issue through photos or videos.
Other things to consider
- Housing experts strongly recommend contacting the Department of Neighborhood Services to request an inspection. Official code violations can strengthen a tenant’s case. Tenants are also encouraged to keep records of all communications and remain current on rent payments when possible to reduce the risk of eviction.
- Documentation is critical. Emails, text messages and visual proof can protect tenants if disputes escalate to court.
You can find a rent abatement assessment here. And a list of rent abatement resources here. You can also find the assessment in Spanish and the resources in Spanish.
The assessment outlines a step-by-step process for tenants considering rent abatement. This includes calculating a fair reduction amount, notifying landlords through formal letters sent by both regular and certified mail and continuing to pay a portion of the rent rather than withholding it entirely.
If you have questions or need additional support you can contact:
Legal Action of Wisconsin at 414-278-7722
Legal Aid Society of Milwaukee at 414-727-5300.
Marquette Volunteer Legal Clinics at www.marquettelegalclinic.org
Milwaukee Justice Center at https://www.mediatewisconsin.org/tenants/
