negligence or improper use by the tenant.
704.07(5)(5) Restriction of regulation of abatement. An ordinance enacted by a city, town, village, or county regulating abatement of rent shall permit abatement only for conditions that materially affect the health or safety of the tenant or substantially affect the use and occupancy of the premises.
704.07 HistoryHistory: 1981 c. 286; 1993 a. 213, 486, 491; 2001 a. 103; 2011 a. 143; 2013 a. 76; 2017 a. 317.
704.07 AnnotationThe remedy provided to the lessor by sub. (3) does not exclude diminution of market value as an alternative method of computing damages, and, although the former is to be preferred when the property is easily repairable and the latter when the injury does not destroy the property, evidence of each method may be introduced by either party with the lesser amount awardable as the proper measure of damages. Laska v. Steinpreis, 69 Wis. 2d 307, 231 N.W.2d 196 (1975).
704.07 AnnotationA landlord must exercise ordinary care toward tenants and others on leased premises with permission. Pagelsdorf v. Safeco Insurance Co. of America, 91 Wis. 2d 734, 284 N.W.2d 55 (1979).
704.07 AnnotationSub. (3) (a) requires a tenant to pay for damage that the tenant negligently causes to a landlord’s property regardless of whether the landlord or landlord’s insurer initially pays for the damage. Bennett v. West Bend Mutual Insurance Co., 200 Wis. 2d 313, 546 N.W.2d 204 (Ct. App. 1996), 95-2673.
704.07 AnnotationIf there is no written lease, this section applies to the obligation to make repairs. For there to be a remedy for a breach of a duty to repair other than that provided in this section, the obligation must be in a written lease signed by both parties. Halverson v. River Falls Youth Hockey Ass’n, 226 Wis. 2d 105, 593 N.W.2d