| Court: | WI Court of Appeals |
| Facts: | None cited. |
| Posture: | Appeal, apparently based on a trial court finding that withholding rent is not allowed. |
| Issue: | Is rent withholding a valid means of enforcing the housing code? |
| Holding: | No. |
| Rule: | Code violations are not an affirmative defense for refusal to pay rent. |
| Reasoning: | There's no implied warranty in our precedent: no duty imposed on landlords. There are no standards, for example, for differentiating between substantial and minor variations. The regulations impose their own penalties for failure to comply. Allowing an implied warranty would circumvent the existing procedures. |
| Dicta: | |