Landlord's Duty to Repair Frozen Pipes and Provide Heat
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 30, 2026
Legal Inquiry
Consumer Legal Issue
On 1-26-2026 I told my landlord in person that the pipes froze and today he called and told me it's not an emergency and to find another place to live. What do I do?
My lease agreement is a piece of paper where I wrote how much I would pay a month and that it would be for a year. I have not had any other incidents about maintenance.
Attorney Answer
No — under Wisconsin law, a landlord cannot legally respond to frozen pipes and a heat outage by simply telling you to find another place to live.
Wisconsin law requires landlords to keep rental units in reasonable repair, including equipment needed to supply essential services like heat and water, and to maintain plumbing furnished with the unit. If the unit becomes untenantable because of this failure, tenants have remedies — including rent abatement or the right to move out and end the lease. A handwritten note listing your rent amount and one-year term is still a binding residential lease; its informality does not remove your landlord's repair duties or your protections as a tenant.
Just as important: being told to "find another place to live" is not a lawful eviction. Wisconsin requires proper written notice and a court eviction process before you can be required to vacate. Don't treat this phone call as a deadline to move out — keep paying rent, or clearly document any attempt to, while you pursue repairs.
What you can do:
1. Put your repair request in writing to the landlord today, referencing the frozen pipes and lost heat.
2. Contact your local building or health inspector now given the winter conditions.
3. Continue paying rent (or document your attempt to) rather than treating the call as notice to vacate.
4. Keep copies of all communications and any inspection findings.
⏱ Time limits apply. Wisconsin law sets notice and process requirements a landlord must follow before an eviction can proceed. One thing Wisconsin does not give you is repair-and-deduct. Under Wis. Stat. § 704.07(4), untenantable conditions leave you two choices: move out and end the lease, or stay in possession and have your rent abate to the extent you are deprived of the full normal use of the premises — and that subsection expressly does not authorize rent to be withheld in full while you remain. Hiring your own plumber and subtracting the bill from next month's rent would be a nonpayment default and would hand your landlord the eviction ground described above, so document the problem and get the abatement amount right instead. Have a local attorney review your situation promptly to confirm the deadlines that apply to you.
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Frequently Asked Questions
Can a landlord tell a tenant to just move out over a heat or plumbing failure?
No, generally a landlord cannot lawfully respond to a maintenance emergency like frozen pipes by telling a tenant to leave; landlords typically must follow a formal notice and court eviction process before anyone can be required to vacate.
Is a handwritten rent agreement still a valid, binding lease?
Yes, in many states an informal or handwritten lease listing rent and term is still generally binding, and its informality doesn't remove a landlord's repair obligations.
What can a tenant do if essential services like heat or water aren't restored?
Generally tenants can document the problem in writing, contact local code or health inspectors, and may have remedies such as rent abatement, though options and requirements vary by state.
