Wisconsin Lockouts, Utility Shutoffs & Retaliation
Wisconsin rules on lockouts, utility shutoffs & retaliation for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No landlord may exclude, forcibly evict or constructively evict a tenant except through the eviction procedure in Wis. Stat. chapter 799 (a court eviction). Wis. Admin. Code ATCP 134.09(4), (7)
The rules in Wisconsin
| Lockouts and illegal eviction | No landlord may exclude, forcibly evict or constructively evict a tenant except through the eviction procedure in Wis. Stat. chapter 799 (a court eviction). A landlord also may not seize or hold a tenant's belongings unless a statute or a separate signed agreement allows it. ATCP 134 is a Department of Agriculture, Trade and Consumer Protection rule; according to the chapter note, a person who suffers a monetary loss from a violation may sue under Wis. Stat. § 100.20(5) for twice the loss plus costs and reasonable attorney fees. |
|---|---|
| Landlord shutting off utilities | A landlord may not exclude a tenant or forcibly or constructively evict a tenant except through the court eviction procedure. The state rental practices rule specifically lists cutting off or substantially reducing heat, water or electricity as a forbidden way to constructively evict a tenant in retaliation for reporting code violations, joining a tenant union or asserting tenant rights. ATCP 134 is a Department of Agriculture, Trade and Consumer Protection rule; according to the chapter note, a person who suffers a monetary loss from a violation may sue under Wis. Stat. § 100.20(5) for twice the loss plus costs and reasonable attorney fees. |
| Landlord retaliation | Landlord may not raise rent, decrease services, bring an eviction, refuse to renew, or threaten any of these because the tenant: complained in good faith about a defect to a public official or local code-enforcement agency, complained to the landlord about a § 704.07 or housing-code violation, or exercised a legal tenant right. ATCP 134.09(5) also protects joining or organizing a tenants' union, and a lease allowing retaliation for calling police, health, or safety services is void. No presumption period. The tenant must show by a preponderance of the evidence that the landlord would not have acted 'but for' retaliation. Eviction for nonpayment of rent is still allowed. |
Related questions
Wisconsin vs. neighboring states
| State | Lockouts and illegal eviction | Landlord shutting off utilities | Landlord retaliation |
|---|---|---|---|
| Wisconsin | No landlord may exclude, forcibly evict or constructively evict a tenant except through the eviction procedure in Wis. Stat. chapter 799 (a court eviction). A landlord also may not seize or hold a tenant's belongings unless a statute or a separate signed agreement allows it. Wis. Admin. Code ATCP 134.09(4), (7) | A landlord may not exclude a tenant or forcibly or constructively evict a tenant except through the court eviction procedure. The state rental practices rule specifically lists cutting off or substantially reducing heat, water or electricity as a forbidden way to constructively evict a tenant in retaliation for reporting code violations, joining a tenant union or asserting tenant rights. Wis. Admin. Code ATCP 134.09(5), (7) | Landlord may not raise rent, decrease services, bring an eviction, refuse to renew, or threaten any of these because the tenant: complained in good faith about a defect to a public official or local code-enforcement agency, complained to the landlord about a § 704.07 or housing-code violation, or exercised a legal tenant right. ATCP 134.09(5) also protects joining or organizing a tenants' union, and a lease allowing retaliation for calling police, health, or safety services is void. Wis. Stat. § 704.45; Wis. Admin. Code ATCP 134.09(5); Wis. Stat. § 704.44(1m) |
| Illinois | Illinois landlords must file a lawsuit to evict. The Illinois Attorney General states that a landlord may not evict a tenant by locking the tenant out, changing the locks, or removing the tenant's belongings, and that only a sheriff can physically remove a tenant after a court order. Illinois Attorney General, Landlord and Tenant Rights and Laws (fact sheet, 01/24), pp. 2-3 | According to the Illinois Attorney General, a landlord must go to court to evict a tenant and cannot make a tenant move by turning off the utilities. Under the Illinois Rental Property Utility Service Act, if the landlord fails to pay a utility bill the landlord is legally responsible for, the tenant may pay the bill and deduct the payment from the rent. Illinois Attorney General, Landlord and Tenant Rights and Laws (fact sheet, 01/24), p. 2 | Landlord may not knowingly terminate, raise rent, decrease services, sue or threaten to sue for possession, or refuse to renew because the tenant in good faith complained of code violations to government or a community organization, requested repairs, joined/organized a tenants' union, testified about conditions, or exercised any legal right. Rebuttable presumption of retaliation if protected activity occurred within one year before the landlord's act. Remedies: defense to eviction, termination, recovery of possession, and the greater of 2 months' rent or 2 times damages, plus attorney's fees. 765 ILCS 721/5-20 (Landlord Retaliation Act) |
| Iowa | A landlord may not recover or take possession except after abandonment or surrender or as the landlord-tenant law permits (such as a court eviction). If the landlord unlawfully removes or excludes the tenant, the tenant may recover possession or end the lease, and in either case recover actual damages, punitive damages of up to twice the monthly rent, and reasonable attorney fees. If the lease ends, the landlord must return all prepaid rent and the security deposit. Iowa Code §§ 562A.26, 562A.33 | A landlord may not take possession by willfully interrupting electric, gas, water or other essential service, except after abandonment, surrender or as the law allows. If the landlord willfully cuts essential services, the tenant may recover possession or end the lease, and in either case recover actual damages, punitive damages of up to twice the monthly rent, and reasonable attorney fees. Separately, if the landlord deliberately or negligently fails to supply heat, running water, hot water or essential services, the tenant may give written notice and buy them and deduct the cost from rent, or recover reduced rental value. Iowa Code §§ 562A.33, 562A.26, 562A.23 | Landlord may not raise rent, decrease services, or bring or threaten an action for possession after the tenant complains to a code-enforcement agency about a health/safety violation, complains to the landlord about a § 562A.15 violation, or organizes or joins a tenants' union. A good-faith complaint within one year before the alleged retaliation creates a presumption of retaliation. Tenant may recover actual damages and attorney fees and has a defense to eviction. Iowa Code § 562A.36 |
| Michigan | A landlord may not interfere with a tenant's possession by force or threat of force; removing, keeping or destroying the tenant's property; changing locks without promptly giving the tenant keys; boarding up the unit; removing doors, windows or locks; or creating a nuisance. The tenant can recover actual damages or $200, whichever is greater, for each occurrence, plus possession; a person forcibly put out or kept out can recover three times actual damages or $200, whichever is greater. It is not unlawful if the owner acts under a court order, enters temporarily for lawful repairs or inspection, or believes in good faith after diligent inquiry that the tenant has abandoned the unit and rent is unpaid. MCL 600.2918(1)-(3) | An owner (including a landlord or its agent) who unlawfully interferes with a tenant's possession by cutting off essential services, in a way that amounts to a constructive eviction, is liable for the tenant's actual damages or $200, whichever is greater, for each occurrence, and the tenant can recover possession if it was lost. The tenant may sue for possession or seek an injunction in circuit court; the protections cannot be waived. A possession claim must be filed within 90 days, and a damages claim within one year. MCL 600.2918(2)(f), (6)-(8) | Defense to eviction: no judgment for possession if termination was intended primarily as a penalty for the tenant's attempt to enforce lease or legal rights, complaint to a government authority about a health/safety code violation, or other lawful tenancy-related act (including joining a tenant organization), or if the landlord added lease obligations as such a penalty. Presumption of retaliation if the tenant's protected action through a court or government agency occurred within 90 days before the eviction case began and was not dismissed/denied. MCL 600.5720(1)(a)-(c),(e); MCL 600.5720(2) |
| Minnesota | If a landlord (or agent) unlawfully and in bad faith removes, excludes or forcibly keeps out a residential tenant, the tenant can recover treble (three times) damages or $500, whichever is greater, plus reasonable attorney's fees (Minn. Stat. §504B.231). Unlawful and intentional removal or exclusion is also a misdemeanor (§504B.225), and a tenant actually or constructively shut out (including by removal of doors, windows or locks) can get an immediate court order restoring possession on a verified petition (§504B.375). Lease clauses waiving these rights are void. Minn. Stat. §504B.231; §504B.225; §504B.375 | A landlord (or agent) who intentionally interrupts or causes the interruption of electric, heat, gas or water service to a tenant with intent to unlawfully remove or exclude the tenant commits a misdemeanor; proof that the landlord intentionally interrupted service creates a presumption of that intent, which the landlord must rebut (Minn. Stat. §504B.225). A tenant shut out by termination of utilities can file a verified petition in district court and, if the exclusion clearly appears unlawful, the court must immediately order the tenant restored to possession, carried out by the sheriff (§504B.375). Lease waivers are void. Minn. Stat. §504B.225; §504B.375 | It is a defense to eviction if the landlord's notice or action is, in whole or part, a penalty for the tenant's good-faith attempt to enforce lease or legal rights or a good-faith report of code violations to a government authority. Rent increases or service cuts as penalties are also barred. If the notice to quit was served within 90 days after the protected act, the landlord must prove it was not retaliatory. After 90 days, the burden is on the tenant. Minn. Stat. §§ 504B.285, subds. 2-3; 504B.441 |
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Compare lockouts, utility shutoffs & retaliation in all 50 states and DC →
Wisconsin Lockouts, Utility Shutoffs & Retaliation FAQ
Can a landlord change the locks without a court order in Wisconsin?
No landlord may exclude, forcibly evict or constructively evict a tenant except through the eviction procedure in Wis. Stat. chapter 799 (a court eviction). A landlord also may not seize or hold a tenant's belongings unless a statute or a separate signed agreement allows it. (Wis. Admin. Code ATCP 134.09(4), (7))
Can a landlord shut off utilities in Wisconsin?
A landlord may not exclude a tenant or forcibly or constructively evict a tenant except through the court eviction procedure. The state rental practices rule specifically lists cutting off or substantially reducing heat, water or electricity as a forbidden way to constructively evict a tenant in retaliation for reporting code violations, joining a tenant union or asserting tenant rights. (Wis. Admin. Code ATCP 134.09(5), (7))
Can a landlord retaliate against a tenant for complaining in Wisconsin?
Landlord may not raise rent, decrease services, bring an eviction, refuse to renew, or threaten any of these because the tenant: complained in good faith about a defect to a public official or local code-enforcement agency, complained to the landlord about a § 704.07 or housing-code violation, or exercised a legal tenant right. ATCP 134.09(5) also protects joining or organizing a tenants' union, and a lease allowing retaliation for calling police, health, or safety services is void. (Wis. Stat. § 704.45; Wis. Admin. Code ATCP 134.09(5); Wis. Stat. § 704.44(1m))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.