Is My Landlord Responsible for Higher Electric Bills Caused by Space Heaters in Wisconsin?

This question came from one of our users:

If your landlord puts 6 space heaters in your basement to keep pipes from freezing and your electric bill goes up 300%, who is responsible for the additional electric bill cost?

Answer: Your landlord may be responsible.  In Wisconsin, if your landlord has placed or instructed you to use space heaters because the heating system (HVAC) is malfunctioning, they may be responsible for the increased electric bill as a result of using the added space heaters.  

Additionally, they may also be liable for the difference between the cost of operating the defective and/or malfunctioning HVAC unit and the cost of using the space heaters. They may also be responsible for repairing the HVAC system and providing temporary accommodations that are heated appropriately while the HVAC is being repaired. 

Always check your lease to ensure what duties the landlord is required to fulfill and what accommodations the landlord is providing in the rental property. Any failure of the landlord to fix issues they clearly stated they would fix in the written lease could be a reason to bring a breach of contract claim against the landlord.  

Let's explore Wisconsin's landlord/tenant laws.  

The landlord/tenant relationship is generally controlled by two main areas of law: (1) Chapter 704 of the Wisconsin Statutes, and (2) the Wisconsin Administrative Code, Chapter ATCP 134, called "Residential Rental Practices." 

Wisconsin law does require that your landlord keep the heating system in your dwelling in proper working condition. This includes ensuring your heat is turned on by a certain day and that the HVAC equipment can maintain a temperature of at least 67 degrees Fahrenheit. There is, however, an exception if you agree to rent the property while knowing that heating and air conditioning would not be supplied by the landlord. 

As for utilities, Wisconsin law states that there is a period of time from Nov. 1 to April 15 during which utility companies must not turn off utility services related to heating a home, even if a tenant does not pay for them. When the period ends, the utility company can disconnect heating services until payment arrangements are made. 

It is clear that a landlord must exercise ordinary care toward tenants and others on premises with permission. Pagelsdorf v. Safeco Insurance Co. of America, 91 Wis. 2d 734, 284 N.W.2d 55 (1979). 

Under Wisconsin Statute Section 704.07, a landlord must keep the portions of the property over which the landlord maintains control in a reasonable state of repair and keep in a reasonable state of repair all equipment under the landlord's control that is necessary to supply services the landlord has expressly or impliedly agreed to provide for the tenant, such as heat. 

If there is no written lease, the above statute applies to the obligation to make repairs.  If you are claiming the landlord breached a duty to repair other than what is listed in the statute, the obligation to repair must be in a written lease that is signed by both parties. Halverson v. River Falls Youth Hockey Ass'n, 226 Wis. 2d 105, 593 N.W.2d 895 (Ct. App. 1999), 98-2445. 

The duty to repair under the above statute does not require a landlord to make all structural repairs, just necessary structural repairs. The duty also implies that the landlord will have at least some notice of the defect, obvious or not, so that the landlord can evaluate whether a repair is actually necessary. Raymaker v. American Family Mutual Insurance Co., 2006 WI App 117, 293 Wis. 2d 392, 718 N.W.2d 154, 05-1557. Your landlord must know of the heating issue in order to remedy it. 

How to Address Heating Defects 

1. Record the Temperature of the Rental Property. 

Create a record of the temperature in your rental. You can check the temperature of your unit with a room thermometer and even take pictures of the thermometer readings with the thermostat also in the picture. Remember, under Wisconsin law, rental units must be able to reach at least 67 degrees. 

2. Contact Your Landlord About the Issue. 

The first thing you should do is contact your landlord or rental management company immediately.  A landlord cannot fix the heating issue if your landlord is not made aware of it. Your landlord should have fixed the heating issue within 24 hours. 

In addition to calling your landlord, you should also submit a written request for repair. Writing can be via text message, email, or by using a tenant web portal that is provided by your rental company or landlord to submit maintenance requests. 

3. Notice. 

Send your landlord a notice that the heating issue needs to be fixed within 24 hours. 

4. If You Live in Milwaukee, Contact the Department of Neighborhood Services. 

If you live in Milwaukee and your landlord fails to respond to your requests or communications promptly, or if they do not inform you that it will take more than 24 hours to fix the issue, you may contact the Department of Neighborhood Services ("DNS") to report the problem with your landlord. You can call DNS at (414) 286-2543 between the hours of 8 a.m. and 4:45 p.m. or visit the DNS website for more information about how to submit a complaint. 

It would not be beneficial to wait to contact your landlord about the heating problem! If your heat is not working, your pipes could burst, causing serious damage to the rental property that you could be held liable for, depending on the situation! 

5. Contact Legal Counsel.  

If you believe that your landlord has violated your lease agreement throughout the process of fixing or failing to fix your heat, you should contact a lawyer for further assistance. A lawyer can review the lease and offer legal advice in dealing with a potentially negligent landlord. 

Legal Remedies 

There are several legal remedies a tenant can pursue to recoup costs associated with higher electric bills resulting from the use of space heaters due to faulty heating. 

Private Remedy  

A tenant that suffers monetary loss because of a landlord's violation of ATCP 134 may sue the landlord under Wisconsin Statutes section 100.20(5) and may recover twice the amount of the loss, together with costs and attorneys' fees. Contact local legal counsel for your specific matter.  

Injunction and Restitution  

The Wisconsin Department of Agriculture, Trade and Consumer Protection ("DATCP") may seek a court order under Wisconsin Statutes Section 100.20(6), enjoining violations of ATCP 134 and ordering the landlord to pay restitution to tenants, including the costs of higher electric bills paid by the tenant.  The Department of Justice or a district attorney may represent DATCP in court. 

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Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.