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Heat, water and electricity in your rental: what they must tell you, and when they can shut it off
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Utilities are the part of a lease people read least and pay most for. Wisconsin has written rules about what a landlord must tell you before you sign — those we explain below, with the rule numbers. On shutoffs, we are not going to tell you what your utility can or cannot do: that is something you ask, and here we tell you exactly who to ask and what to ask them.
They have to tell you before you sign
Wisconsin rule ATCP 134.04(3) says that if water, heat or electricity are NOT included in the rent, the landlord must disclose that to you before entering into the rental agreement and before accepting any earnest money or security deposit. Before you hand over money, not after. If nobody told you, and you found out the next month that heat was on you, that rule was broken. Ask it plainly before signing: which utilities are included in the rent, and which do I pay?
If the building has one meter, you're entitled to know how the bill is split
This is the half that gets skipped. The same rule says that if the individual units and common areas are NOT separately metered, and the charges aren't included in the rent, the landlord must also disclose the basis on which utility charges are allocated among the units. "You pay a share" isn't enough — they have to tell you the basis: by square footage, by number of occupants, split evenly, whatever it is. If a bill arrives and nobody ever explained the formula, you can ask for it.
The heat has to be capable of 67 °F
Rule ATCP 134.04(2)(b)2. treats defective heat as something a landlord must disclose to you before renting: if the heating facilities aren't in safe operating condition, or aren't capable of maintaining at least 67 °F (19 °C) in all living areas during all seasons the unit may be occupied, that has to be disclosed up front. The rule even says how to measure — center of the room, midway between floor and ceiling. Read what it actually is: a duty to disclose a defect the landlord knows about or could find on a reasonable inspection. If the heat can't keep up and nobody told you, that's worth reporting.
If the account is in the landlord's name and they don't pay
This happens more than you would think in single-meter buildings: service is in the owner's name, the owner stops paying, and the shutoff notice reaches families who paid their rent in full. What we can tell you is that Wisconsin's rules do address this situation and that tenant protections exist — there are specific rules about owner-name accounts in multi-unit buildings, and about debts left behind by a previous occupant. What we cannot tell you is how it will go in your case. Call the utility and ask directly: the account is not in my name and I am current on rent — what protections do I have as a tenant? Can I open service in my own name? Can I be charged for a previous tenant's debt? If the answer does not sound right, call the Public Service Commission of Wisconsin at 1-800-225-7729 — they regulate the utilities, they handle consumer complaints, and it is free.
There are special winter rules — but ask about them, do not assume them
Wisconsin has special rules about utility disconnection during the cold-weather season, roughly November 1 to April 15, and there are protections that depend on household income and on whether an older adult, a person with a disability, or a young child lives there. Here is where we have to be straight with you: we are not going to summarize those rules for you, because summarizing them badly could cost you your heat. The rules for electric service and for natural gas sit in different chapters, and the code itself allows individual utilities to be held to requirements that differ from the published ones. So even reading the general rule does not tell you with certainty what applies to you. What we do know: the protections exist, and you get them by asking. Call your utility BEFORE a shutoff notice arrives and ask: what cold-weather protections exist and do I qualify? Can you put me on a deferred payment agreement? What happens if I am waiting on energy assistance? If you do not get a clear answer, the Public Service Commission of Wisconsin (1-800-225-7729) handles consumer complaints at no cost. And never stop paying on the assumption that you are protected.
Energy assistance exists, and many people who qualify never apply
The program is WHEAP (Wisconsin Home Energy Assistance Program) — a once-a-year benefit toward heating and electricity, with separate crisis assistance if you're facing a shutoff. The season normally runs October 1 to May 15, and households up to roughly 60% of Wisconsin's state median income generally qualify, tested on the prior month's income annualized — so a bad month can qualify you even if the year wouldn't. Important: these figures are set federally and change every year. Don't rely on this page to decide whether you qualify; call and ask. This help isn't a loan and isn't paid back.
How to confirm all of this yourself — this is the most important part of this page
Do not take our word for it, and do not take the word of whoever told you what the law says. Learn who to ask and what to ask. Energy assistance: energybenefit.wi.gov or 1-800-506-5596; in Milwaukee County, UMOS at 414-389-6000 or Community Advocates at 414-270-4653 (keepwarmmke.org). Ask: do I qualify based on last month's income? What documents do I bring? Is there crisis help if I already have a shutoff notice? Can you help if the account is in my landlord's name? Your electric or gas utility: the number is on your bill. Ask: what cold-weather protections exist and do I qualify? Can you put me on a deferred payment agreement? What happens if I am waiting on energy assistance? If you do not get a straight answer: the Public Service Commission of Wisconsin, 1-800-225-7729, regulates the utilities and takes consumer complaints for free. And to read the lease rules with your own eyes: they are published free at docs.legis.wisconsin.gov — search "ATCP 134.04" for the utility and lease disclosure rules. It is short, and walking into a conversation with the rule number written down changes it completely.
If you need real help, not a web page
This guide tells you what to ask; it does not replace a lawyer. If you already have an eviction notice, a scheduled shutoff, or a landlord who won't fix the heat, look for free legal help in Wisconsin — Legal Action of Wisconsin and Wisconsin Judicare serve low-income residents at no cost. Showing up with the rule number and your dates written down gets you helped faster.
One more thing about the month you pay
A month where you kept rent and utilities current — with help or without it — is a month you met your obligation. At Fía we're building Fía Crédito so that on-time rent counts toward your credit history, with no Social Security number required. To be clear about where we are: enrollment is open, but we are not yet reporting to the credit bureaus. We're finishing certification with Experian and reporting begins when that clears. We'd rather tell you here than have you find out later.
How to verify what this guide says
The rules cited here are public and free. You can read them yourself at docs.legis.wisconsin.gov by searching the rule number. This guide is general information about Wisconsin law as of the date shown — it is not legal advice about your situation.