Wisconsin Lockout Laws: Renter Rights and What to Do Next
Facing a lockout in Wisconsin can be stressful, but state law offers specific protections for renters. Understanding your rights and the proper steps to regain access to your home is essential for a quick, safe, and legal resolution. This guide covers what renters in Wisconsin should do if they're locked out, including your legal protections, official forms, and where to seek help.
Your Rights During a Lockout in Wisconsin
In Wisconsin, landlords cannot lock you out of your rental unit or remove your belongings without following a legal eviction process. Lockouts—such as changing locks without notice or disabling utilities to force you out—are illegal "self-help" evictions under Wisconsin Statutes § 704.05(2) and § 799.40(1).[1]
- Landlords must have a court order (writ of restitution) to force a tenant out.
- Changing locks or preventing access without legal process is not allowed.
- Tenants may seek compensation if unlawfully locked out.
If you are locked out without a court order, you may have the right to re-enter the property and recover damages.
What to Do If You're Locked Out
If you find yourself locked out of your Wisconsin rental home, take these practical steps:
- Document everything: Take photos of locked doors, damaged locks, or any notices left.
- Contact your landlord in writing (text, email, or letter) to request immediate access back into your home.
- Do not attempt to break into your home. If you must enter to retrieve vital items, inform local law enforcement first.
- If the landlord refuses access without an eviction order, you can seek legal remedies or assistance from local authorities.
If personal safety is at risk or you need urgent shelter, contact the police non-emergency line or local emergency shelter services.
Using Official Forms: Complaint About Illegal Lockout
As a renter, you can file a complaint if you've been illegally locked out. Wisconsin does not provide a statewide standardized "Lockout Complaint Form," but complaints about unlawful lockouts (self-help evictions) can be made to the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).
- Form Name: Consumer Complaint Form
- When Used: If your landlord has locked you out without a court order, use this form to formally complain to DATCP.
- How to Use: Fill out the form with details about the lockout, supporting documentation, and submit per instructions.
- Download the Wisconsin Consumer Complaint Form (PDF)
Tribunal Handling Residential Tenancy Disputes
If negotiation fails, you may need to resolve your case with the court. In Wisconsin, the appropriate venue is your local Circuit Court, as there is no separate landlord-tenant tribunal. For unlawful lockouts, you may file a small claims action or seek an injunction in Circuit Court.
Relevant Wisconsin Tenancy Laws
- Wisconsin Statutes Chapter 704 – Landlord and Tenant
- Wisconsin Statutes § 799.40(1) – Eviction Actions
For additional clarification on your rights or more official forms, contact your city or county clerk or visit the Wisconsin Court Self-Help Services for civil court processes.
FAQ: Renters' Lockout Rights in Wisconsin
- Can my landlord legally lock me out in Wisconsin?
No. Landlords must obtain a legal eviction order from the court before you can be removed or locked out of your rental unit. - What should I do immediately after a lockout?
Document the situation, contact your landlord, and seek help from the DATCP or local police if necessary. - Is changing the locks without my knowledge considered an illegal lockout?
Yes. Changing locks to force you out without a court order is unlawful in Wisconsin. - How can I report my landlord for locking me out?
Complete and submit the Consumer Complaint Form to DATCP, or file a small claims action in your local Circuit Court. - Where can I find help if I'm locked out and have no access to shelter?
Contact local law enforcement for immediate help or reach out to emergency shelter services for support.
Conclusion: What Wisconsin Renters Should Remember
- Landlords in Wisconsin must follow the legal eviction process—self-help lockouts are against the law.
- Keep documentation and seek assistance if you're illegally locked out.
- Resources like DATCP and Circuit Courts can help protect your rights and offer remedies.
Stay informed and act quickly to assert your rights if you're locked out of your home.
Need Help? Resources for Renters
- Wisconsin DATCP Landlord/Tenant Resources – For complaints and education
- Consumer Complaint Form (PDF)
- Wisconsin Court Self-Help Services
- Wisconsin Circuit Courts
- Local tenant advocate groups and emergency shelter resources
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