Illegal Self-Help Evictions: Renter Protections in Wisconsin

If you’re renting a home or apartment in Wisconsin, you should know your rights when it comes to evictions. While landlords are allowed to evict tenants for legal reasons, they must always follow Wisconsin’s official legal process. Self-help eviction — when a landlord tries to force you out without going through the court system — is illegal. This article explains what’s prohibited, what to do if your landlord tries it, and how Wisconsin law protects you.

What Is Self-Help Eviction?

A self-help eviction occurs when a landlord tries to remove a tenant without a court order. This could include actions like changing the locks, shutting off utilities, or removing your belongings. In Wisconsin, these practices are strictly forbidden by law and can result in significant penalties for the landlord.

What Actions Are Illegal Self-Help Evictions in Wisconsin?

Under Wisconsin law, landlords cannot do any of the following to make a renter leave without a lawful eviction order:

• Change, remove, or plug the locks on your rental unit
• Remove your doors or windows
• Shut off essential services (like heat, water, electricity, or gas)
• Remove or threaten to remove your personal property
• Use force, threats, or intimidation to make you leave

These are all considered forms of self-help eviction and are explicitly prohibited in Section 704.45 of the Wisconsin Statutes – Prohibited Practices^[1].

What Is the Legal Eviction Process?

If a landlord wants to evict a tenant in Wisconsin, there are official steps that must be followed:

• Written Eviction Notice: The landlord must give you a written notice stating the reason for eviction and how many days you have to move or fix the problem.
• Summons and Complaint: If you do not leave, the landlord must file an eviction action in the local circuit court and serve you with a Summons and Complaint.
• Court Hearing: Both parties can present their case in front of a judge. Only the court can decide if an eviction order will be issued.
• Writ of Restitution: If the court grants the eviction, a Writ of Restitution (GF-175) can be issued, allowing the sheriff to remove you if needed.

The local Circuit Court handles all residential eviction matters in Wisconsin.

Official Forms Renters Should Know

If you receive eviction paperwork or believe your landlord is illegally attempting to remove you, these forms may be relevant:

• Summons and Complaint (Eviction Case)
  Form Name/Number: Summons (GF-175A) & Complaint (GF-175B)
  When Used: These are served on renters after a landlord files for eviction in court. You will need to appear at the hearing or respond if served.
  See official Wisconsin eviction forms.
• Writ of Restitution (GF-175)
  When Used: After winning in court, the landlord may request this form so that law enforcement can remove the tenant. This is only issued after a court order.
  Get the Writ of Restitution form here.
• Tenant’s Answer (GF-175AA)
  When Used: You can use this form to provide your side and explain any defenses during an eviction case.
  Find the Tenant’s Answer form.

If you suspect your landlord is violating eviction law, you can contact the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) for help or to file a complaint.

What Should Renters Do If Faced with a Self-Help Eviction?

Here are your action steps if you believe your landlord is illegally trying to evict you:

• Do not leave the premises solely because your landlord demands it without a court order.
• Document any illegal actions (photos, written records, witness statements).
• Contact local law enforcement if you are locked out or if your safety is threatened.
• File a complaint with DATCP or consult your local legal aid office.
• Respond formally using the Wisconsin court forms if served with official eviction documents.

Frequently Asked Questions

1. What is considered an illegal self-help eviction in Wisconsin?
   Any attempt by a landlord to force a tenant out without a court order—such as changing locks, removing property, or shutting off utilities—is illegal under state law.
2. Can my landlord shut off my water or electricity to make me move?
   No, shutting off essential utilities to force you out is forbidden. Only a sheriff, after a court order, can remove tenants and only as specified in the law.
3. What can I do if my landlord locks me out?
   You should contact law enforcement immediately. Also, keep records and contact DATCP to report illegal eviction activities.
4. Where do I find the official forms for responding to an eviction?
   All forms, including the Tenant’s Answer and eviction summons/complaint, are available on the Wisconsin Circuit Court website.
5. Who oversees landlord-tenant disputes in Wisconsin?
   The local Circuit Court handles residential tenancy cases, and DATCP assists with violations.

Key Takeaways for Wisconsin Renters

• Self-help eviction is illegal in Wisconsin — only a court can order an eviction.
• Document and report any illegal landlord actions right away.
• Respond to official court eviction documents and seek help if you are unsure.

Remember, your rights are protected by Wisconsin law. If in doubt, act fast to defend your housing stability.

Need Help? Resources for Renters

• Wisconsin DATCP: Landlord-Tenant Resources – Information, forms, and complaints
• Wisconsin Circuit Courts – Find your county court
• Official Wisconsin Eviction Forms
• Wisconsin State Law Library: Evictions
• Legal Action of Wisconsin – Free or low-cost legal help for qualifying tenants

---

1. Wisconsin Statutes Section 704.45 (Prohibited Practices in Residential Tenancies)
2. Wisconsin Department of Agriculture, Trade and Consumer Protection – Landlord Tenant Resources
3. Wisconsin Circuit Court Directory

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations