A tenant starts to notice little red marks on her body. Unsure where they came from, she assumes it was a mosquito bite or something innocuous. But she also overheard in the lobby that someone else in the building might have bed bugs. A few days pass, but now there are even more red marks. And the kids have the bite marks too. This family’s worst fears have come true.

The mom Googles “how to get rid of bed bugs” and immediately starts washing all the family’s bedding and clothing. Already on a shoestring budget, each load costs $2.25, and the dryer usually takes two cycles for anything bulky. Mattress protectors cost $40, so mom prioritizes and gets two for the kids’ beds. Hopefully, this will be enough for tonight. But the next night, they all start feeling small bites again. Looking for a reprieve, they move to the living room. Now the infestation is in their beds and in their couch, and they are still unable to sleep. Mom reports to work in three hours.

Infestations are more than just a nuisance. They can derail a person’s health, disrupt their life, and deny them access to services, such as home care workers who can no longer enter the unit. For those living in rental housing, pest problems like bed bugs, roaches, and rats can quickly spiral from uncomfortable to unbearable.^[1]

The consequences of infestation go well beyond the comfort of an individual’s living situation. A person with bed bugs might not be able to visit their doctor in person due to risk of spreading. That delay in care can result in serious negative health outcomes. Mice, rats, and roaches frequently contaminate food, making it unsafe to eat. Repurchasing groceries for an entire family is a huge cost, one that many cannot afford.

For tenants with mobility issues or limited resources, these demands can be overwhelming or impossible to meet without assistance. Pests don’t stay confined to a single unit. In multi-unit buildings, a single untreated infestation can quickly spread throughout an entire floor or complex.

What Does the Law Say?

Wis. Stat. section 704.07(2) requires landlords to keep the property in a reasonable state of repair over the portions for which they maintain control. It is typically the duty of the landlord to address infestations, particularly when the infestation spans multiple units.

If an infestation becomes severe enough to render the premises uninhabitable, tenants have limited options. They can move out temporarily without penalty while the landlord makes the necessary repairs. If moving out would impose undue hardship, the tenant may choose to stay, but the landlord must still act promptly to eliminate the health hazard. If the unit is untenantable and the landlord fails to address the problem, the tenant may break their lease and vacate the premises.^[2]

Unique Challenges

Who is responsible? ​While landlords are generally responsible for infestations, the law specifically has a carve-out when the infestation is caused by the actions or inactions of the tenant. This can also cause problems for tenants who want to get out of an infested unit. If tenants bring the infestation to a new complex, they could be responsible for the reasonable costs to remediate the issue at the new location.^[3]

The legal requirement that landlords are responsible for infestations for multi-unit buildings reflects the reality that infestations are virtually impossible to address by the tenants alone. Mice traps may address the immediate issue, but not larger problems like external access to the building that the tenant cannot fix. If bed bugs are addressed in one unit, but remain in another unit, they will reappear. It is the responsibility of the landlord to eliminate the infestation, and it is the social responsibility of all tenants to assist in that endeavor.

Promptly Repair

When dealing with infestations, the legal requirement for a landlord to “promptly repair” under section 704.07(4) takes on a unique and more complicated meaning. Unlike a typical repair, such as fixing a leaky faucet or replacing a broken lock, eliminating an infestation is rarely a one-time fix. Pest problems often require multiple treatments spanning several weeks. Even then, there is no guarantee of immediate success. That reality makes “repairing” an infestation fundamentally different from standard maintenance issues.

For example, bed bugs often require three or more professional treatments. In the meantime, the tenant is still bitten. Roaches and rodents may return if even small portions of the building remain untreated or if the underlying structural issues (like holes or leaks) go unrepaired.

This slow timeline puts tenants in a difficult position. While the landlord may be “in the process” of addressing the problem, the tenant is still living with daily bites, health risks, and the emotional toll of a persistent infestation. Tenants may need to wash and bag all their clothing and linens, avoid having guests over, sleep in different rooms, or not sleep at all. And for those with health conditions, disabilities, or limited mobility, even preparing for treatment can be overwhelming.

Untenantable

Wis. Stat. section 704.07(4) states that if the premises becomes untenantable because of a casualty or condition hazardous to health, or if there is a substantial violation of the duties of the landlord under Wis. Stat. section 704.07(2), which requires landlords to keep in a reasonable state of repair portions of the premises over which the landlord maintains control,the tenant may remove from the premises unless the landlord promptly repairs or eliminates the health hazard materially affecting the health or safety of the tenant. The tenant may also remove if the period of repair or elimination would impose undue hardship. If the tenant remains, he or she may abate rent to the extent deprived of the full normal use of the premises (but not for the full amount of the rent).

When does an infestation move from a minor nuisance to an issue in which the tenant is able to abate their rent? And when does the severity render the premises completely untenantable? These are not questions answered by statute. Whether an infestation renders a unit untenantable must be answered on a case-by-case basis.

It’s fairly obvious that a single mouse does not cause the entire unit to be untenantable, and an infestation that requires the tenant to vacate temporarily while the unit is fumigated is untenantable, at least for the time period while treatment is ongoing. Beyond that, the question depends on the type of infestation, the severity of the infestation, and how the infestation affects daily living.

Abatement

As noted, Wis. Stat. section 704.07(4) governs abatement in Wisconsin. If the tenant remains in possession and there are conditions that materially affect the health or safety of the tenant or the condition substantially affects the use and occupancy of the premises, rent abates to the extent the tenant is deprived of the full normal use of the premises.^[4]

Many infestations materially affect the health or safety of tenants. Bed bugs that prevent tenants from sleeping deprives them of the use of their bedrooms. Roaches or mice droppings invading cabinets and refrigerators deprive tenants of the use of their kitchens. In any of these circumstances, a tenant absolutely may abate their rent. The law itself here is clear, but in practice applying this law is far more complicated. Tenants risk their landlord filing an eviction if they abate their rent. And even if they are successful in defending their case, putting one’s housing in jeopardy is a risky proposition. Tenants seeking to abate their rent should contact an attorney and seek legal advice for their specific situation.

Conclusion

Infestations are not simply an inconvenience. They threaten health, safety, and the basic habitability of a home. Wisconsin law places the duty squarely on landlords to address infestations in most circumstances. Unlike a leaky faucet or broken lock, pests require sustained and effective treatment that tenants cannot reasonably manage on their own, especially in multi-unit buildings where problems quickly spread.

When landlords fail to act promptly and thoroughly, tenants are left to shoulder the physical, financial, and emotional toll of living with bed bugs, roaches, or rodents, even though the responsibility to eliminate these hazards rests squarely with the landlord.

This article was originally published on the State Bar of Wisconsin’s Public Interest Law Section Blog. Visit the State Bar sections or the Public Interest Law Section web pages to learn more about the benefits of section membership.

Endnotes

[1] For a broader discussion on the health issues tenants face in substandard housing, see Brittany D. Schoenick’s article, “Healthy Housing for Tenants: A Legal Landscape in Wisconsin,”InsideTrack, July 2, 2025. ↩

[2] Wis. Stat. § 704.07(4). ↩

[3] Wis. Stat. § 704.07(3)(a). ↩

[4] See Samuel Hutchinson’s article “Tenant Rent Abatement: When Landlords Refuse to Make Necessary Repairs,” Public Interest Law Blog, Oct. 22, 2024, for specific information on abatement. ↩