What Can't a Landlord Do in Wisconsin?

A landlord in Wisconsin cannot engage in illegal self-help eviction tactics, violate a tenant's rights regarding privacy, or discriminate based on protected characteristics, among other restrictions.

Understanding what a landlord cannot legally do in Wisconsin is crucial for tenants to protect their rights and ensure a fair rental experience. Landlord-tenant laws in the state are designed to prevent landlords from taking actions that are coercive, discriminatory, or infringe upon a tenant's right to a safe and habitable living environment.

Prohibited Self-Help Eviction Tactics

In Wisconsin, landlords are strictly prohibited from taking matters into their own hands to remove a tenant or force them out without a proper court order. These actions are often referred to as "self-help evictions" and are illegal. Specifically, a landlord may not:

• Confiscate Personal Belongings: A landlord cannot seize or hold your personal property as a means of eviction or to collect unpaid rent. Your belongings are your private property, and their confiscation is illegal.
• Turn Off Utilities: It is illegal for a landlord to cut off essential services like electricity, water, heat, or gas to pressure a tenant to leave. These services are considered fundamental for the habitability of a rental unit.
• Lock You Out of Your Apartment: Landlords cannot change locks, board up windows, or otherwise prevent you from accessing your rented unit without a court order, even if you are behind on rent. Access to your home is a fundamental right.
• Use Force to Remove You: A landlord is not allowed to physically remove a tenant from the property. Any eviction must be carried out through a legal process, typically by a sheriff after a court order has been issued.

If a landlord wishes to evict a tenant, they must follow the legal process, which involves serving proper notices (e.g., notice to pay rent or quit, notice to terminate tenancy) and obtaining a court order from a small claims court judge. Only a judge can issue a court order requiring a tenant to leave the property, and enforcement is typically carried out by law enforcement, not the landlord directly.

Other Actions Landlords Cannot Legally Do in Wisconsin

Beyond self-help evictions, Wisconsin landlords also have other significant limitations and responsibilities that prohibit certain actions:

1. Discrimination

Landlords cannot discriminate against tenants or prospective tenants based on protected characteristics under state and federal fair housing laws. This prohibition applies to all aspects of renting, including advertising, screening, rent terms, maintenance, and eviction. Protected characteristics in Wisconsin include:

• Race
• Color
• Religion
• National Origin
• Sex (including gender identity and sexual orientation)
• Familial Status (presence of children under 18)
• Disability
• Ancestry
• Marital Status
• Lawful Source of Income (e.g., Section 8 vouchers, social security)
• Age (if 18 or older)
• Victim of domestic abuse, sexual assault, or stalking

For more detailed information, refer to the Wisconsin Department of Agriculture, Trade and Consumer Protection's landlord-tenant guide.

2. Unlawful Entry

Landlords generally cannot enter your rental unit without proper notice, except in emergencies (e.g., fire, flood, active threat). While specific notice periods might vary based on lease agreements or local ordinances, reasonable advance notice (typically 12-24 hours) is usually required for non-emergency entry, such as for:

• Making repairs or improvements.
• Inspecting the premises.
• Showing the unit to prospective tenants or purchasers.

3. Refuse to Maintain a Habitable Property

Landlords are legally obligated to maintain the rental property in a safe and habitable condition. They cannot refuse to make necessary repairs that impact the health and safety of the tenants. This includes addressing issues with:

• Plumbing and sanitation systems.
• Heating and air conditioning (if provided).
• Electrical systems.
• Structural integrity of the building.
• Pest infestations.
• Providing working smoke and carbon monoxide detectors.

4. Retaliate Against Tenants

A landlord cannot retaliate against a tenant for exercising their legal rights. This means they cannot take adverse actions, such as:

• Raising rent unfairly.
• Decreasing essential services.
• Threatening eviction without cause.
• Refusing to renew a lease for an improper reason.

Retaliation is illegal if a tenant has, for example:

• Complained about housing conditions to the landlord or a government agency.
• Joined or organized a tenant union.
• Exercised their rights under the lease or state law.

5. Mismanage Security Deposits

Landlords cannot illegally withhold or mismanage security deposits. They must adhere to specific rules regarding the return and deductions from a security deposit, including:

• Returning the security deposit within 21 days after the tenant vacates the premises, or providing a written statement itemizing any deductions.
• Only deducting for actual damages beyond normal wear and tear, unpaid rent, or utility charges agreed upon in the lease. They cannot charge for damages that existed before the tenancy began.

Summary of Prohibited Landlord Actions in Wisconsin

Below is a concise table summarizing key actions a landlord is prohibited from doing in Wisconsin:

If a landlord engages in any of these prohibited actions, tenants in Wisconsin have legal recourse, which may include filing a complaint with a government agency (like DATCP or the Department of Workforce Development's Equal Rights Division) or pursuing action in small claims court.