Some things landlords do to retaliate are not illegal, like being rude to you or talking about you to the neighbors. 704.45 the Consumer Protection code protects tenants who actually exercise a right.
Only the following actions are illegal retaliation. Unlike the state statutes, it also protects tenants who "asserted, or attempted to assert any right." Tenants can file a complaint with Consumer Protection and/or sue in small claims court for double damages, court costs and reasonable attorney fees.
Unfortunately, the tenant has to fight the retaliation with their housing on the line.
Attorneys are not required in small claims court or eviction cases, but tenants may want to contact a qualified Wisconsin housing attorney.
making a good faith complaint about a defect in the premises...
complaining to the landlord about a violation of s. exercising a legal right relating to residential tenancies.
The legislature, courts, and the Department of Agriculture, Trade and Consumer Protection have all created protections recognizing that tenant rights are meaningless if tenants will not use them for fear of landlord retaliation.An additional retaliatory act prohibited in the City of Madison only is reporting the tenant to law enforcement authorities as having unlawfully entered or immigrated into the United States in order to retaliate against the tenant for having exercised their rights as a tenant, regardless of the validity of such a report. 704.45 provides absolutely no protection for tenants making complaints about defects or damages which they caused themselves through negligence or improper use. ATCP 134.09(5) is a court decision that protects a tenant's right to use a "public policy" like the building code.MGO 32.12(4) Each regulation has a different level of proof required for the act to be considered illegal: • The tenant must only show that it is more likely than not that the landlord would not have done the action "but for" the tenant exercising a tenant right. 704.45 provides absolutely no protection against eviction if tenants are behind in their rent (except if the rent not paid is due to a retaliatory rent increase). Under 2013 Wisconsin Act 76 removed the language about double damages, court costs, and reasonable attorney's fees for all matters in Wis. The case can protect tenants asserting or attempting to use a public policy (unlike Wis. 704.45) and can protect tenants not covered by the Consumer Protection (ATCP) code.If you are a resident in one of the following Zip codes, you can call the New York City Tenant Protection Hotline at (917) 661-4505, Mon – Fri: AM – PM: Bronx: Zip Codes 1043 Brooklyn: Zip codes 11207, 11208, 11212, and 11233 Manhattan: Zip codes 1005 Queens: Zip codes 11101, 11354, and 11358Staten Island: Zip codes 1034 New York City also continues to provide free legal service assistance for qualified tenants throughout the City.Residents can call the following legal service providers for more information: More information about Legal Assistance.While the landlord could have other legitimate reasons for doing the eviction or act, the retaliation is still illegal if the landlord would not have retaliated except that the tenant exercised their rights. Stat 704 except for security deposits and illegal lease clause violations. • The case requires a strong level of proof; the assertion, use, or attempted use of public policy must be the only reason for the landlord's eviction or harassment.Double damages for violations of chapter 704 are only allowed between 3/31/12 and 2/28/14. • City of Madison residents have the same protections they do in the Consumer Protection regulations, but the burden of proof is put on the landlord, meaning they have to show they weren't retaliating, or the tenant will win.If you believe your landlord has illegally retaliated against you, ask yourself the following three questions: The first sign that an action may be illegal retaliation is that it follows a tenant exercising a legal right relating to residential tenancies.Tenants do not need to have finished exercising the right, they could just have asserted the right or attempted to use it. Have your lease available when calling the Tenant Resource Center so we can help you know what your rights and remedies are, including whether you can double your costs when you sue a landlord....a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur but for the landlord's retaliation against the tenant for...