Can a Wisconsin Landlord Shut Off Electricity for Non-Payment?

If you’re renting a home or apartment in Wisconsin, dealing with utility shutoffs can be stressful—especially if you’re behind on rent. Understanding your rights and your landlord’s legal limits under Wisconsin law can help you protect your access to essential utilities like electricity. This guide explains when landlords can (and cannot) shut off your power, what state laws say, and what you can do if your landlord illegally cuts your service.

When Can a Landlord Legally Shut Off Utilities in Wisconsin?

Under Wisconsin Statute § 704.07 and other housing laws, landlords generally cannot lawfully shut off your electricity—even if you have not paid rent. This practice is known as a “self-help eviction” and is not permitted. Instead, landlords must follow the formal eviction process through the courts if you fall behind on rent or utilities.

Key Protections for Renters

• No self-help evictions: Landlords cannot disconnect electricity, water, or heat to force you out, even for non-payment.
• Electricity can only be shut off by the utility company for non-payment and only after required notices, not by your landlord directly.
• If utility shutoff is threatened, you have the right to receive formal advance notice via the utility company, not from your landlord.
• Landlords must maintain vital services unless your lease says utilities are your direct responsibility.

In summary: In almost all cases, your landlord does not have the legal right to shut off your electricity for non-payment of rent or bills. Instead, they must use the legal eviction process managed by the courts or the Wisconsin Circuit Court System.

Common Scenarios: Who Pays the Utilities?

Whether the landlord or tenant is responsible for paying utilities should be clearly stated in your rental agreement. Here’s how it usually works:

• Utilities in the landlord’s name: If the landlord pays, they cannot cut off your service if you owe rent.
• Utilities in your name: Only the utility company can disconnect you for non-payment (with required notices and protections).

It’s a good idea to review your lease and check who is listed on each utility account.

Illegal Utility Shutoffs: What Can You Do?

If your landlord shuts off your electricity, it is usually illegal and considered a form of illegal eviction. Wisconsin law gives you several options to protect your rights:

• Request Restoration: Ask your landlord in writing, immediately, to restore the service.
• Contact Local Authorities: Call your local police or city housing inspector to report the shutoff.
• File a Complaint: Submit a complaint to the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), which oversees landlord-tenant disputes.
• Take Legal Action: You may file a claim for damages in small claims court if you suffered losses as a result.

Official Forms Renters Might Need

• DATCP Consumer Complaint Form
  Download Wisconsin DATCP Consumer Complaint Form
  When to use: If your landlord has illegally shut off your utilities or is otherwise violating your renter rights, complete this form and submit it to DATCP by mail, fax, or online. For example, if your electricity is turned off, you would fill out this form, briefly explain what happened, and send supporting documentation (such as your lease and any written communication).

The Role of the Tribunal or Board

Landlord-tenant disputes in Wisconsin are overseen by the Wisconsin Circuit Court System, especially if an eviction complaint is filed. Utility complaints are also reviewed by DATCP, and utility-specific issues may be referred to the Wisconsin Public Service Commission if the shutoff is by a utility company.

What Laws Protect You?

Important protections come from the following legislation and regulations:

• Wisconsin Statute § 704.07 – Maintenance of premises by landlord
• Wisconsin Statute § 799.40 – Eviction procedures (for lawful removal of tenants)
• Wisconsin Administrative Code PSC 185.37 – Rules for residential electric utility shutoffs

FAQ

1. Can my landlord disconnect electricity for unpaid rent in Wisconsin?
   No. Landlords in Wisconsin cannot legally disconnect your electricity for unpaid rent. Only the utility company can shut off service, and only after proper notice and procedure.
2. If my landlord shuts off my power, what should I do first?
   Notify your landlord in writing, keep records, and contact your local police, city housing inspector, or DATCP if your landlord will not restore service.
3. Are there official forms to report utility shutoffs by my landlord?
   Yes. Use the DATCP Consumer Complaint Form to report illegal utility shutoffs.
4. Who enforces tenant utility rights in Wisconsin?
   Primary oversight comes from the Wisconsin Circuit Courts (for evictions), DATCP (for complaints), and the Public Service Commission (for utility provider shutoffs).
5. What if my rental agreement says I pay utilities directly?
   If you pay utilities directly, only the utility company (not your landlord) can disconnect your service, usually after multiple written warnings.

Key Takeaways for Wisconsin Renters

• Your landlord cannot legally shut off your electricity to force payment or eviction.
• All evictions in Wisconsin must go through the court system, not by cutting off utilities.
• Use official channels (DATCP, Circuit Court) and forms to protect your rights and report violations.

By staying informed and knowing your rights, you can better respond to illegal utility shutoffs and seek support when needed.

Need Help? Resources for Renters

• Wisconsin Department of Agriculture, Trade and Consumer Protection – Landlord/Tenant Resources: Complaint forms, guidelines, and tenant protections
• Wisconsin Circuit Court System – Eviction Information: Self-help resources if you are facing eviction
• Public Service Commission of Wisconsin – Utility Consumer Assistance: Utility disconnect rules and complaint mechanisms
• City Housing Departments: Contact your local housing inspector or city government if your power is shut off illegally.

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1. [1] Wisconsin Statute § 704.07 – Landlord responsibilities for maintaining premises
2. [2] Wisconsin Statute § 799.40 – Eviction Rules and Procedures
3. [3] PSC 185.37 – Rules for Electric Utility Shutoff
4. [4] DATCP Consumer Complaint Form (PDF)

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