Can my landlord change the locks on me without notice?

No, it is illegal for your landlord to change the locks or remove you without a court order in Wisconsin.

What should I do if my utilities are shut off?

Contact your landlord and utility provider. If utilities are shut off to force you out, call DATCP or local authorities immediately.

How much notice must a landlord give before starting an eviction?

For nonpayment of rent, landlords must provide a five-day written notice, or a fourteen-day notice in certain situations.

Can I stay in my home while fighting an illegal eviction?

Yes, you should not move out unless ordered by the court. Gather documentation and attend your court hearing.

Who enforces eviction orders in Wisconsin?

Only the county sheriff can enforce a court-ordered eviction in the state, not the landlord.

Fighting an Illegal Eviction: Wisconsin Renter Rights

Evictions & Lease Violations Wisconsin published: June 21, 2025

If you’re renting in Wisconsin and suddenly face eviction, knowing your legal protections is crucial. Illegal evictions—sometimes called “self-help evictions”—happen when a landlord tries to force a tenant out without following required legal procedures. This guide helps renters understand what makes an eviction illegal in Wisconsin, which steps to take, and where to find key legal resources.

What Qualifies as an Illegal Eviction in Wisconsin?

In Wisconsin, a landlord must follow specific steps to lawfully remove a tenant from a rental property. An eviction is considered illegal if a landlord does any of the following without going through the official court process:

Changes the locks or removes the tenant’s belongings without a court order
Shuts off utilities (such as water, heat, or electricity) to force the tenant out
Enters the property and threatens, harasses, or attempts to physically remove the tenant
Does not provide proper written notice before starting an eviction process

To evict a tenant lawfully, a landlord must serve written notice, file a complaint in court, and wait for a court judgment in their favor.^[1]

Wisconsin Tenant Rights During Eviction

Wisconsin tenants are protected by the Wisconsin Statutes Chapter 704 and the Code of Civil Procedure for Evictions. Both require landlords to seek a legal eviction through a court:

Landlords must give you a written eviction notice, with the amount of notice depending on the reason for eviction.
They cannot remove you or your belongings or shut off basic services without a court-approved eviction order.
If you receive an eviction notice, you have the right to attend a court hearing to explain your situation.
If the court rules against you, only the county sheriff—not your landlord—can remove you from the property.

Required Eviction Notices

Eviction notices in Wisconsin must be in writing. The main types include:

Five-Day Notice to Pay Rent or Quit: For nonpayment of rent, allowing you 5 days to pay or move out.
Fourteen-Day Notice to Vacate: Often used for other lease violations (like repeated late rent or unauthorized occupants).

A valid written notice is always required before a landlord can file for eviction in court. Official notice forms can be found on the Wisconsin Court System site.

Steps to Take if You Face an Illegal Eviction

If you believe your landlord is attempting an illegal eviction, remain calm and follow these steps to protect your rights:

Document everything (take photos, save texts/emails, and note dates and times of incidents)
Do not move out unless ordered by the court
Request written notice of any lease violation or eviction
Contact the local sheriff or police if your landlord tries to remove you or your belongings, or shuts off utilities
File a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), which oversees tenant-landlord disputes
Prepare for court by gathering all relevant documents and evidence

How to File a Tenant Complaint in Wisconsin

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) handles complaints involving illegal eviction tactics. You can file a complaint online or by mail:

Form Name: Landlord/Tenant Complaint Form (No official number)
When to use: If you are being locked out, belongings are removed, or utilities are shut off illegally.
How to use: Download or fill out the Landlord/Tenant Complaint Form, describing what happened. Submit it as directed on the form.

Tip: If you’re in immediate danger of an illegal eviction, call your local police or sheriff right away and keep a copy of your rental agreement nearby.

The Eviction Process in Wisconsin Courts

In Wisconsin, all eviction court cases are handled by the circuit court for your county. The official tribunal is the Wisconsin Circuit Court, which oversees landlord-tenant matters involving eviction.

You have the right to attend the court hearing and explain your situation
If the court finds in your favor, you can stay; if you lose, only the sheriff can remove you after a waiting period
You may appeal a court order if you believe the process was not fair or legal

The main eviction court form is the Summons and Complaint – Eviction (SC-500):

Used by: Your landlord to start an eviction case in court
Your role as tenant: Attend the scheduled court date, bring all your documentation, and present your side
Official source: SC-500 Summons and Complaint – Eviction

FAQ: Wisconsin Renters and Illegal Eviction

Can my landlord change the locks on me without notice?
No, your landlord cannot change the locks or remove you without a court order; this is considered an illegal eviction.
What should I do if my utilities are shut off?
Contact your landlord in writing and call your utility provider. If utilities are shut off to force you out, contact the DATCP or local authorities immediately.
How much notice must a landlord give before starting an eviction?
For unpaid rent, a five-day written notice to pay is required, but certain situations allow for a 14-day notice. Always check the notice type and your lease.
Can I stay in my home while fighting an illegal eviction?
Yes; do not move out unless ordered by the court. Document everything and attend your court hearing to present your case.
Who enforces eviction orders in Wisconsin?
Only the county sheriff can enforce a court-ordered eviction in Wisconsin, not your landlord or their representatives.

Key Takeaways for Wisconsin Renters

Landlords must follow legal steps to evict tenants—self-help evictions are illegal.
You have the right to written notice, a court hearing, and a fair process.
If you face illegal eviction tactics, document everything and reach out to DATCP or your local court for help.

Need Help? Resources for Renters

Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) – Landlord/Tenant Resources, Complaint Hotline: 800-422-7128
Wisconsin Circuit Courts – For eviction court hearing information
Official Eviction Forms and Self-Help Resources
Local legal aid services or county bar associations (call or search your county website for details)