City of Wausau, Wisconsin Property Maintenance & Tenant Information Department of Inspection and Zoning

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1 City of Waus sau, Wisconsinn Property Maint tenance & Information Tenant Department of Inspection and Zoning Second Floor, City Hall 407 Grant Street Wausau, Wisconsi in

2 Contents Contact Information... 3 City of Wausau General Information... 4 Items Requested When Making a Complaint... 5 Consumer facts Don t Rent Trouble Tenant s Rights Electrical Plumbing General Conditions Safety Windows Rodents and Roaches Basement Tenant s and Landlord s Rights and Responsibilities What You Should Know Before You Rent What You Should Know While Renting What You Should Know About Terminating A Tenancy Risk Of Eviction Month-To-Month Tenants Termination Notices For Tenants On Leases Removal From Premises What You Should do if you Suspect Your Rental Property is in Foreclosure Unhealthy and Unsafe Conditions If A Problem Develops Smoke and Carbon Monoxide Detectors Rent Abatement Program Residential Rental Dwelling Unit Registration (1 st Edition, March, 2013)

3 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 3 CONTACT INFORMATION EMERGENCY POLICE & FIRE 911 NON-EMERGENCY POLICE UNITED WAY 211 REFUSE HAULER ADVANCED DISPOSAL (ADS) YARD WASTE DISPOSAL SITE DEPARTMENT OF INSPECTIONS & ZONING Grant Street (2 nd Floor) Monday Friday (8:00 a.m. 4:30 p.m.) ( link is on the Department of Inspection & Zoning page)

4 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 4 CITY OF WAUSAU GENERAL INFORMATION Trash Containers Can be set out after 5:00 p.m. on the day before pickup & must be removed by 8:00 a.m. the day after pickup During winter months, trash containers should not be placed on snow banks Landlords should supply an adequate number of containers Between pickups, trash containers need to be stored in an area that is not visible from the front or sides of the property Exterior Yards All exterior yards should be maintained in a clean & sanitary condition All dog/animal excreta should be removed on a daily basis Vehicles Vehicles need to be parked on a driveway or established parking area Parking on the grass is not allowed Vehicles that are inoperable, abandoned, unregistered, or dismantled are not allowed on residential properties Recreational Equipment Recreation equipment (trailers, motor homes, camping or travel trailers, boats, boat trailers, snowmobiles, ATV s, etc.) cannot be parked on the front or corner side yards; they must be parked on a designated driveway Equipment that is longer than 30 (measured from back bumper to tongue) must be parked within enclosed structures Signs Any signage cannot be placed on boulevards, public right-of-ways, or attached to public utility poles Porches Furniture and other items, not intended for outdoor use, should not be stored on porches

5 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 5 Items Requested When Making a Complaint When making a complaint, please include as much of the following specific information as possible when making your service request: Exact address and number of the unit (if applicable) in question Current, accurate owner or owner s agent contact information A complete listing of your concerns Photo prints or digital photos When responding to service requests, Inspectors will look specifically at the concerns expressed by the person requesting inspection services. However, Inspectors are always looking for life/safety code violations and they will respond to all life/safety code violations regardless of whether such violations are referenced by the person requesting inspection services. Tenant Rights and Responsibilities State and Municipal laws guarantee that tenants have the right to receive a dwelling unit that meets the minimum standards set forth in safety, building, mechanical, sanitary and maintenance codes and to register a complaint with the Department of Inspection and Zoning regarding any condition that does not meet the minimum standards referenced above. Tenants have the right to be free from discrimination by or retaliation from property owners for registering a complaint the Department of Inspection and Zoning regarding any condition affecting the dwelling unit.

6 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 6 CONSUMER FACTS DON T RENT TROUBLE Advice On Checking Out Apartments (Reprinted From Wisconsin Department of Agriculture, Trade and Consumer Protection Informational Brochure) Finding a decent place to rent requires thorough inspections of apartments and the strength to keep looking when apartments don t pan out. We recommend you take along a: Flashlight Light Bulb Hair Dryer Pen or Pencil This Checklist These will be your inspection tools. Use the following list to check for problems. Electrical Turn on each switch to see if it works. If there is no bulb in the socket, use yours. Check every outlet by plugging in your hair dryer. Obviously, there are problems if a fuse blows out or the dryer won t go on. If outlets or sockets don t work, there could be dangerous defects in the electrical system that could cause a fire. Plumbing Turn on the sink and bathtub faucets to see if they work or leak. Flush the toilet to see if it operates properly or leaks. Do the drains operate properly? Look up Are ceilings water stained or cracked? Are walls water stained or cracked? These may indicate a leaking roof, defective rain gutters, or defective plumbing upstairs. Water damage could cause the ceiling or walls to collapse. Are there deadbolt locks on the apartment doors and the exterior doors?

7 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 7 Safety Are there smoke and carbon monoxide detectors in the building? Are there deadbolt locks on the apartment doors and the exterior doors? Windows Are there storms and screens? Very gentle push on the windows to see if they are secure or loose in the frame. Rodents and roaches Open cabinets and immediately shine in flashlight to detect roaches. Look for roach eggs. Look for rat and mouse holes and droppings in the back of cabinets and closets. Basement Be sure to go into the basement to check on the condition of the furnace. (Make sure there is a furnace.) Look at the water heater to see if it is leaking. If you notice any serious problems, think carefully about the chance you ll be taking with your family s health and safety if you rent the apartment. Ask the landlord to put promised repairs in writing. But ask yourself: If he/she didn t make these repairs for the last tenant, why should I believe he ll/she ll make the repairs for me? If your landlord doesn t make promised repairs, call your local building inspection department to request an inspection. For more information, or to file a complaint, contact the Bureau of Consumer Protection at: PHONE: (800) FAX: (608) datcphotline@datcp.state.wi.us WEBSITE:

8 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 8 CONSUMER PROTECTION TENANT S RIGHTS & RESPONSIBILITIES (Reprinted From Wisconsin Department of Agriculture, Trade and Consumer Protection Informational Brochure) As a tenant in Wisconsin, you have rights and responsibilities. To avoid problems, it is important that you know what these rights and responsibilities are: What You Should Know Before You Rent Landlords may not advertise or rent condemned property. Landlords must disclose housing code violations they have been notified of but have not corrected. They must also reveal structural defects, a lack of hot or cold running water, serious plumbing, or electrical problems, and other hazards. Landlords must also disclose: If the heating unit cannot maintain a temperature of at least 67 degrees Fahrenheit. If you are required to pay utilities. How utility charges will be divided if the dwelling is one of several not individually metered. You have the right to inspect the unit before you rent it. We recommend you take along a flashlight, light bulb, hairdryer, pen, and the following checklist: Turn on each light switch to see if it works. Check outlets (use hairdryer) and sockets (use light bulb) defects could cause fires. Turn on sink and bathtub faucets check for leaks, proper drainage and water temperature. Flush toilets check for leaks. Look for smoke detectors. Check ceilings and walls for cracks and water stains. Are there deadbolts on apartment and exterior doors? Push on the windows are they secure? Are latches in good working order? Check for window storms and screens. Check condition of furnace. Even in summer, turn up thermostat to make sure it actually works. Look at water heater to see if it is leaking. Promises of repairs by a landlord should be provided to you in writing, including a completion date, before you agree to rent the property. Rental agreements are not required to be in writing. However, if there is a written rental agreement, the landlord must give you an opportunity to read it before you decide to rent. When renting, you must be furnished with a copy of the agreement. If an earnest money deposit is required with your rental application, the landlord must return the entire deposit by the end of the next business day if your application is rejected. If for some reason you decide not to rent, the landlord may withhold from your deposit actuals costs or damages.

9 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 9 If a security deposit is required, you have 7 days from the first rental date to inspect the premises and notify the landlord of any defects so that they will not be unfairly charged to you. You should notify the landlord in writing and keep a copy for your own records. In addition, before accepting your security deposit, the landlord must notify you that you have the right to request a list of damages charged to the previous tenant. The landlord may charge you the actual cost, up to $20, to obtain a credit report from one of the three nationwide credit reporting agencies (not credit information resellers), provided the landlord has notified you in advance of the charge and also gives you a copy of the report. If you have a credit report that is less than 30 days old, you may give this report to the landlord to avoid paying for a new report. What You Should Know While Renting At the start of the tenancy, the landlord must provide you with the name and address of a person who can be readily contacted regarding maintenance problems. The landlord is responsible for making any repairs that are necessary to comply with local housing codes and keep the premises safe. If the landlord refuses to repair major building defects, you may report the defect to your local building or health inspector. The landlord may not retaliate by evicting you. Unless otherwise agreed, tenants are usually responsible for routine minor repairs. You are also required to comply with any maintenance and sanitation requirements imposed on tenants by local housing codes. You are financially responsible for any damages that you or your guests have caused. A landlord has the right to inspect, repair, and show the premises at reasonable times. Except for emergency situations, the landlord may enter only after a 12 hour advance notice unless you allow entry on shorter notice. If you are a tenant renting by the month, the landlord may raise your rent by giving you written notice at least 28 days before the next rent due date. There are no state laws limiting the amount of rent increase. If you have a lease for example, a six month or one year lease the rent may not be increased during that time unless specifically stated in the lease. What You Should Know About Terminating a Tenancy If you are renting by the month, the landlord may terminate the rental agreement by giving you a written termination notice at least 28 days before the next due date. You must use the same procedure in notifying the landlord of your intent to terminate the rental agreement unless you agreed to give a longer notice. Tenants may serve the written notice in person or by certified or registered mail.

10 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 10 A six month or one year lease usually terminates automatically at the end of the lease, unless the rental agreement specifies otherwise. If the lease provides that it will be automatically renewed or extended unless you give advance notice of termination, the landlord must remind you of the provision at least days in advance of the notice deadline. Otherwise, the landlord may not attempt to enforce the automatic renewal. If you break a lease by moving out early, you may be obligated to pay for the remainder of the term unless another suitable tenant is found. However, the landlord must make reasonable efforts to find a suitable tenant and minimize any rent losses. Also if you move early, you must notify the landlord in writing of your departure after you have vacated the dwelling unit in order to start the 21 day clock for the return or accounting of your security deposit. When moving out, it is always a good idea to contact your landlord to arrange for a final checkout inspection. If your landlord does not agree, find someone to be a witness to inspect the premises with you. If you paid a security deposit, the landlord must return it to you within 21 days after you move out. The landlord may deduct for unpaid rent or damages for which you are responsible. On the other hand, a routine across the board deduction from the security deposit for cleaning or carpet shampooing, in the absence of abuse, waste, or neglect on your part, is prohibited. Deductions can also be made for your utility bills paid by the landlord. If there are any deductions from the security deposit, the landlord must furnish you with a written statement itemizing the amounts withheld. State law does not require payment of interest on security deposits. Risk of Eviction Tenants who pay partial rent, no rent, or late rent (even one day late) put themselves at risk of eviction, as do tenants who break the rules or terms of the rental agreement or cause damage. Month to month tenants may be given either a written 5 day Quit or Pay Rent Notice or a 14 day written notice to vacate the property 5 day Notice. This written notice from the landlord gives the tenant five days to pay rent or move out within five days. If the tenant pays, the tenancy continues. This notice can also be used for violations of the rental agreement, or material damage to the property. 14 day Notice. This written notice specifies that the tenancy has ended because the tenant failed to pay the rent, broke the agreement, or damaged the property. This notice does not offer the option of paying the rent and staying in the building. If the landlord wants you to leave the property for violations of the rental agreement, a 14 day notice to vacate the property is usually given.

11 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 11 Termination notices for tenants on leases When landlords don t receive the rent on time or believe the tenant has broken the rental agreement or caused damage, they may serve a 5 day written notice. If the tenant pays the rent within 5 days, the tenancy continues. If the tenant fails to pay the rent again within the following 12 months, the landlord may then give a 14 day termination notice for failure to pay rent without any other opportunity for the tenant to continue tenancy. If tenants receive a 5 day notice for breaking the agreement, they may remain if they make a correction and comply. If tenants break any rule or cause damage within the following 12 months, the landlord may give a final 14 day termination notice specifying the breach or damage. If you refuse to leave the premises after your tenancy has been terminated, the landlord may start an eviction action against you in Small Claims Court. You will be served a summons. This is your notice to appear in court, it does not mean you are evicted. In court, the judge asks you and the landlord to explain your sides and then will make a decision about your eviction. If you receive a summons for eviction, seek the help of a legal aid service (look up LEGAL AID in the yellow pages of your phone book) or consult with a private attorney (call the State Bar of Wisconsin Lawyer Referral Service (800) or (608) ). Removal from premises The landlord may not confiscate your personal belongings, turn off your utilities, lock you out of your apartment, or use force to remove you. If the small claims court judge rules in the landlord s favor, the judge may issue a court order requiring you to leave the property. If you don t, the county sheriff may remove you and your belongings from the premises. These steps may only be taken after the small claims court hearing and after the judge orders the eviction. If the court determines that you have wrongfully overstayed, the landlord could be awarded twice the amount of rent, prorated on a daily basis, for each day you unlawfully occupy the premises. What you should do if you suspect your rental property is in foreclosure If you suspect that your rental property is in foreclosure or is going into foreclosure, continue to make your rental payments as required by your rental agreement unless you are otherwise directed by the court or by the agent handling the foreclosure. You can determine whether your rental property is in foreclosure by contacting the Clerk of Court for your county or checking the Wisconsin Circuit Court access site at

12 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 12 Unhealthy & Unsafe Conditions Sometimes rental units become unhealthy, unsafe, or unlivable due to a landlord s failure to maintain the property. It would be wise to get legal advice to learn if the tenant is able to legally abate (adjust) the rent. A lawyer may indicate how to document the condition, what agencies to contact, and what should be put in writing. If not done legally, rent abatement could result in eviction. If conditions are so bad that tenants feel they can no longer safely live in a rental unit, a lawyer should be contacted before the tenants officially move out to prevent further financial obligation. If a Problem Develops If a problem develops between you and your landlord, information and assistance may be available from various local groups and agencies, including housing code officials, landlord and tenant associations, and Wisconsin Department of Agriculture, Trade and Consumer Protection. Landlord tenant relations in Wisconsin are regulated by Chapter 704, Wisconsin Statutes, and by Chapter ATCP 134, Wis. Adm. Code. In addition, Chapter ATCP 125, Wis. Adm. Code, further regulates mobile home park operator tenant relations. If a landlord violates Chapter ATCP 134, for example, by refusing to return or account for your security deposit, you may be able to start an action in Small Claims Court. Section (5), Wisconsin Statutes, enables you to recover twice the amount of any actual monetary loss, together with court costs and reasonable attorney fees. Copies of Chapter ATCP 134 may be obtained from the Department s Division of Trade and Consumer Protection. For more information, or to file a complaint, contact the Bureau of Consumer Protection at: (800) Milwaukee (414) Madison (608) Green Bay (920) FAX: (608) TTY: (608) datcphotline@datcp.state.wi.us WEBSITE:

13 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 13 SMOKE & CARBON MONOXIDE DETECTORS Landlords must supply and maintain all required smoke detectors. The State of Wisconsin SPS Chapters regarding smoke detectors and carbon monoxide detectors is listed below: SPS Smoke detectors. Smoke detectors shall be installed and maintained in accordance with s (3) Stats., in a dwelling, for which initial construction commenced before June 1, SPS Carbon monoxide detectors. Carbon monoxide detectors shall be installed and maintained in accordance with s (2),(3)(a) and (b) and (6), Stats., in a dwelling for which initial construction commenced before June 1, What you need to know: Smoke and Carbon Monoxide detectors must be located in the basement and on each floor of the property. New construction must be hard-wired with a battery back up. Existing homes may install any type of CO alarms A carbon monoxide detector required under this section shall bear an Underwirters Laboratories, Inc. listing mark. Alarms should be installed in accordance with directions from the manufacturer Exceptions: CO alarms are only required in new and existing homes that have a fuel burning appliance, which includes: stoves, ovens, grills, clothes dryer, furnaces, boilers, water heaters, fireplaces and heaters OR an attached garage. Alarms do not need to be installed in the attic, garage or storage area of homes. Maintenance: Test alarms monthly. Replace alarms accordingly to manufacturer instructions. Check batteries and replace twice a year. Alarms should never be disconnected or unplugged. Batteries should never be removed for other uses.

14 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 14 RENT ABATEMENT PROGRAM Rent abatement is a process by which tenants living in rental units with certain unrepaired conditions may qualify for rent reduction if property owners do not comply with inspection orders. Residents may report conditions to the Inspections and Zoning Department by calling Inspections will provide notice to tenants if abatable conditions persist after the owner has received notice of code violations and failed to correct issues prior to reinspection. Once notified of abatement eligibility, tenants have 30 days to request a hearing before the Public Health and Safety Committee by complete a request form available at the customer service desk at city hall or via the City s website. A fee of $25 must be submitted with the form to the city clerk. Once these are received, a hearing is scheduled. Testimony and evidence are presented by both sides for committee consideration. If abatement is awarded, the tenant may deduct the approved percentage of the rent retroactive to the date of the original violation notice. A list of abatable conditions is included below. Conditions include, but are not limited to issues with heating systems, electrical, plumbing, security, moisture, pests, safety, and structural issues. A list of addresses with unresolved abatable violations is posted at Residents and prospective tenants may view the list to determine if a unit they are living in or considering renting has serious issues. RENT IMPAIRING VIOLATIONS Wausau Municipal Code Section Violation Description % of Abatement H H Non functioning kitchen sink and lavatory basin 10 25% H H H H H Non functioning flush water closet Not only facility 5 10% Only facility 50 75% Non functioning bathtub or shower Not only facility 5 10% Only facility 25 50% Water pressure/volume 1. None 2. Inadequate H Hot water tank not provided or not functional 5 50% >48 hours 50 95% 10 25% H H WMC (A) Garbage and refuse storage facility inadequate or not provided 5%

15 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 15 H H H H H H H H H H H (ext) H H (ext) Required exits 1. Not provided or totally unusable 2. Partially usable Screens 1. No screens provided or all screens in need of repair 2. Not all screens provided or some screens in need of repair Electrical services and 1. No electricity 2. Underfused circuits 3. Overfused circuits 4. Exposed wires, damaged or bare wires presenting shock hazards Lighting 1. Required light switches not provided or functioning 2. Public halls and/or stairs not lit 3. Outside entrance doors not lit Heat 1. Not heated or consistently below 55 degrees 2. Inadequate or occasionally inadequate (55 69 degrees) Floors, walls, ceilings, roof 1. Unsafe to the degree the room is unusable 2. Incapable of affording privacy 3. Appropriate floor surfacing not provided, or damaged so that it does not function to provide ease of maintenance 4. Unsealed gaps allowing collection of dirt and other matter which creates a cleaning or sanitation problem Chimney 1. Not properly removing combustible products 2. In danger of collapse Exterior and interior doors, basement hatchway doors 1. Missing and affecting privacy, health, safety, and security 2. Hazardous unhinged, requiring excessive force to open, door or hardware interfering with egress/ingress 10 25% per exit 5 10% per exit 10 25% 5 10% >48 hours 50 95% 10 25% 5 10% 25 75% 5% per switch 5 25% 5 25% hrs 25% >48 hrs 50 95% 10 25% Not a kit., only bath 25 50% Kit. or only bath 50 95% 5 10% per room 5% 50 75% 10 25% 10 50% 10 50%

16 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 16 H Windows (one or more) 1. Missing from first floor, basement or other window openings accessible by balconies, fire escapes, trees, etc and negating dwelling unit or lodging room security 2. Hazardous windows which must be propped open, broken windows with glass shards in the frame 25 50% 10 50% H Door locks no lock or not functional 25 75% H Window sash locks not functional or not provided 1. First floor, basement, and all other windows accessible by balconies, fire escapes, trees, or other existing means 2. All other windows where required 10 25% H Inside and outside stairs and/or porch hazardous Egress only 50 95% Not only egress 25 50% H H H H H Required appurtenances to any porch or stair such as handrails and guardrails 1. Missing or inadequate when protecting an elevation less than four feet (4') 2. Missing or inadequate when protecting an elevation greater than four feet (4') Leaking water supply or drain piping not containing sewage to extent it interferes with tenants full use of all or part of premises 1. In kitchn, bathroom, bedroom or other living areas 2. Other areas Leaking or obstructing drain piping containing sewage that causes backup of sewage into fixtures, onto floors, or through ceilings or walls (including basement) 5% 5 10% 10 50% 10 25% 5 10% 50 90% H Failure to clean and disinfect common area after sewage backup Owner not maintaining common areas in sanitary conditions 10 25% 5 25% H Failure to clean and disinfect basement after sewage backup 10 25%

17 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 17 H Severe infestation of pests, whether occasional or chronic 10 50% SPS SPS SPS SPS Smoke alarms and carbon monoxide detectors not installed where required 5 25% per missing detector H Basement Water and Moisture Problems 1. Basement water violation in non habitable area; water, mold and/or mildew accumulation 2. Basement water violation in habitable area: damp, continually wet, standing water, mold and mildew accumulation 5 25% 5 75%

18 CITY OF WAUSAU PROPERTY MAINTENANCE & TENANT INFORMATION 18 City of Wausau Residential Rental Dwelling Unit Registration The City of Wausau adopted an ordinance requiring the owners of residential rental properties to register with the City of Wausau, who the contact person should be for rental units they own. The ordinance follows: Appointment and Registration of Agents for Residents and Nonresidents Who Own Rental Dwelling Units in the City. Any person who owns any rental dwelling unit in the City of Wausau shall maintain with the City of Wausau Inspections Department a current listing of his address and telephone number and if the owner lives outside Marathon County, Wisconsin, the name, telephone number, and address of an adult person who is empowered to receive service of process as agent for the owner. The owner shall sign a written statement appointing the agent and the agent shall sign the statement accepting the appointment. The statement shall be filed with the City of Wausau Inspections Department. No person may qualify as an agent for an owner unless that person: (a) Resides in Marathon County Wisconsin; or (b) Owns a business which that person operates on a full time basis in the City of Wausau. Any changes of names, telephone numbers or addresses in such listing shall be reported within 10 days of such change. Any owner who fails to notify the City of Wausau Inspections Department of a change in name, address, or telephone number within such 10 day period shall be subject to forfeiture as provided in The addresses for the owner and the agent shall be a street address at which the owner and agent actually reside or at which they are engaged in full time employment. A post office box address may not be used, except in conjunction with the actual street address. In this paragraph, a corporation, partnership, limited liability company or other organization shall be deemed a nonresident owner if it does not operate a business office on a full time basis in the City of Wausau. If you have any questions, regarding this information, please contact the Department of Inspections and Zoning at (715)

19 City of Wausau Rental Dwelling Unit Registration This form must be filled out for each rental address: Dwelling Unit(s) Address Number of dwelling units at this address Property Owner Name Contact Address of Owner*: Street City, State, Zip Code Phone Number(s) If the owner is not a resident of Marathon County the following must also be filled out and signed by both the owner and his/her registered agent: I,,own the residential rental property located at located in the City of Wausau, and have appointed who resides at/owns a business at: Address Municipality/Zip, within the County of Marathon, State of Wisconsin, as my local agent to receive service of process when necessary. By signing this statement he/she is accepting the appointment. Owner s Signature Date Owner s Phone Number(s) Agent's Signature Date Agent's Phone Number(s) Please return this form to: City of Wausau Inspections Department Rental Registration 407 Grant Street Wausau, WI *A post office box address may not be used, except in conjunction with the actual street address If you have any questions regarding this form, please contact the Inspections Department at (715)