This story is part of a two-year (2024-26) series prioritizing solutions to housing insecurity through collaborative storytelling. For more information about the series, please see the project overview. For questions or comments, please contact Sue Robinson at robinson4@wisc.edu.
On April 21, students facing their first rental experience, spectators taking notes on legal pads to pass on to friends and family and even a landlord looking to brush up on ethical practices were among those who gathered to hear two seasoned attorneys dish out some wisdom regarding tenant rights—while simultaneously dishing up plates from the El Pastor catered taco spread.
Hosted by Madison Commons, the Know Your Rights workshop featured Mitch, a clinical law professor and director of the Economic Justice Institute at the UW–Madison Law School, and David Sparer, an instructor of clinical law at the Law School who focuses his private practice on representing tenants in a wide range of claims and defenses.
Mitch kicked off the evening by praising the attendees for learning their rights now, before something catastrophic occurs.
“A round of applause for everybody here,” Mitch said. “Your future self will be thanking your current self for attending tonight to know a little bit more about what your rights are.”
In the 90 minute workshop, the attorneys provided renting tips, gave a crash course about the eviction process and answered some specific audience questions. The information gleaned from the workshop can be summarized in the following ten tips:
- Keep a written record of everything. Emails, texts, leases and other rental documents all count as written records, and they are extremely helpful in solving disputes with a landlord.
- Do a thorough move-in inspection, taking tons of photos and videos of your housing in its original state. When you move out, try to recreate these photos and videos to avoid disputes over security deposits.
- Be aware that rent is due on the due date, not on the late-fee date. Just because a late fee doesn’t isn’t applied until a few days after the rent-due date, that doesn't mean you’re in the clear until then—late rent payments can lead to an eviction.
- If you think you or someone you know is being discriminated against, utilize statewide resources like the Equal rights Division of the Wisconsin Department of Workforce Development, which processes Wisconsin’s Fair Housing Laws. If you file a complaint, they will investigate it and advise you on what action you can take.
- Move out day is the last day of a rental period, not the day after. Some leases will list a specific time, but generally, you cannot stay after 11:59 a.m.— staying past then could be an expensive violation of the lease.
- Make any repair requests in writing form, like a text or email. When crafting the message, conduct yourself respectfully, listing clearly and explicitly what’s wrong, how long it’s been wrong, what you’d like to see changed and when you want those changes made by.
- You may be able to contact the city Building Inspection Department to assist with repairs if your landlord is unreceptive. The department will send an inspector to the unit to report code violations, ordering the owner to fix those violations by a specific date. After the deadline, the inspector will return, and if the repairs are not made, they will inform you that you can withhold a portion of your rent until the fix is made, in an act known as abatement. The City of Madison has a building inspection department that handles complaints like this, but be aware that not all cities do.
- Strongly consider getting renter’s insurance. It usually costs less than $100 a year and can avert costly situations where you could be held liable for expensive accidental damage, like your pipes freezing during the winter. As a plus, renter’s insurance also covers any possessions in your vehicle.
- If you are facing eviction, that fact could permanently harm your rental record. To avoid this, you can apply for redaction, which will remove your name from the eviction action—but it is important to remember that this is a request, not a guarantee.
- Wisconsin, especially Dane County, has a wealth of amazing resources for renters, don’t be afraid to use them.
If you’re having a renting problem that wasn’t addressed in any of these tips, consult the additional resource list below, and remember, you have rights.
-The Tenant Resource Center provides housing counseling, eviction diversion and defense partnership, housing mediation services and much more.
-The Department of Agriculture, Trade and Consumer Protection helps resolve rental issues and answers to frequently asked questions about statewide law, acting as an incredible resource for housing information.
-The Dane County Courthouse hosts a small claims assistance program every Tuesday morning from 9-11:30 a.m. The program consists of volunteer attorneys assisting tenants with filling out forms and explaining what to expect with a lawsuit.
-Free Legal Answers Wisconsin is a website where volunteer attorneys will answer your questions about housing law and other issues (including consumer rights, divorce disputes and disability rights) governed by civil law. The service is free, but it may take a while to receive a response.
-UW-Madison’s Economic Justice Institute provides helpful information, like how to apply for redaction if you’ve faced eviction.
