895 (Ct. App. 1999), 98-2445.
704.07 AnnotationSub. (2) does not authorize an independent cause of action for defective conditions that do not rise to the level of a health or safety hazard but are nonetheless the result of the failure of a landlord to maintain equipment in a reasonable state of repair. Sub. (4) is the exclusive remedy for violations of sub. (2). Zehner v. Village of Marshall, 2006 WI App 6, 288 Wis. 2d 660, 709 N.W.2d 64, 04-2789.
704.07 AnnotationSub. (2) (a) 3. does not require a landlord to make all structural repairs, only all necessary structural repairs, and implies that the landlord will have some notice of the defect, latent or obvious, so that the landlord can evaluate whether a repair is, in fact, a necessary repair. Raymaker v. American Family Mutual Insurance Co., 2006 WI App 117, 293 Wis. 2d 392, 718 N.W.2d 154, 05-1557.
704.07 AnnotationNothing in the history of this section suggests any intent by the legislature to impose negligence per se for a violation of this section. Rather, the legislature intended only to alter the common law rule to make the landlord and tenant more evenly share the duties of repair. Sub. (4) provides the tenant with the remedy of rent abatement if the landlord fails to fulfill the landlord’s repair duties and to the extent the tenant is deprived of use of the premises, but this section does not provide a private cause of action. Raymaker v. American Family Mutual Insurance Co., 2006 WI App 117, 293 Wis. 2d 392, 718 N.W.2d 154, 05-1557.
704.07 AnnotationAn appliance that cannot be used as intended without creating a risk of fire or electrocution is not in reasonable working condition and constitutes a substantial violation materially affecting the health or safety of the tenant under sub. (4), entitling the