Can landlords change locks during an eviction?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Can Landlords in Wisconsin Change Locks During an Eviction?
In Wisconsin, tenant rights during the eviction process are protected by state laws designed to ensure due process and fair treatment. One common question tenants have is whether landlords are legally allowed to change the locks during an eviction. This guidance provides a detailed overview of the rules and procedures related to lock changes during eviction in Wisconsin.
Understanding Eviction Procedures in Wisconsin
Eviction in Wisconsin is a legal process that landlords must follow to remove tenants from a rental property. The process typically involves:
- Providing proper written notice to the tenant,
- Filing an eviction lawsuit (also called an “unlawful detainer” action) in court if the tenant does not comply,
- Obtaining a court order or judgment for eviction,
- Having the sheriff enforce the eviction if necessary.
Are Landlords Allowed to Change Locks During an Eviction?
The short answer is no. Under Wisconsin law, landlords are not permitted to change the locks or otherwise forcibly remove tenants without following the proper eviction process. Changing locks without a court order is considered a form of "self-help" eviction, which is illegal.
Why Lock Changes Without Proper Eviction Are Illegal
- Illegal eviction: Changing locks without a court-ordered eviction violates Wisconsin tenant protection laws and is considered an unlawful eviction. This can subject landlords to legal penalties.
- Tenant possession rights: Until the eviction process is completed and the sheriff physically removes the tenant, the tenant legally retains possession of the rental unit.
- Potential civil liability: If landlords change locks illegally, tenants may sue for damages including wrongful eviction, emotional distress, lost property, and attorney fees.
Proper Way to Change Locks Legally
To legally change locks in Wisconsin, landlords must:
- Complete the eviction process: Obtain a judgment of eviction from the court and have the sheriff complete the eviction.
- After sheriff’s removal: Once the sheriff has lawfully removed the tenant from the premises, the landlord can change the locks or secure the property.
Tenant Protections Related to Locking Out
- Tenants have the right to remain in the unit until a court order or sheriff’s action removes them.
- If a landlord changes locks unlawfully, tenants can:
What Should Tenants Do If Their Landlord Changes Locks Illegally?
If you are a tenant in Wisconsin and your landlord changes the locks or attempts to forcibly evict you without a court order:
- Contact local legal aid: Seek assistance from tenant rights organizations or legal aid services for advice and representation.
- Document everything: Take photos, keep records of communication, and gather any evidence of the unlawful lock change.
- File a police report: In some cases, illegal lock changes may warrant police involvement for trespassing or theft of property.
- Consider court action: You may be able to file a lawsuit against the landlord for wrongful eviction and seek damages.
Summary
- In Wisconsin, landlords cannot legally change the locks or lock tenants out without completing the formal eviction process through the courts.
- Any lock changes must occur only after the tenant has been lawfully removed by the sheriff following a court judgment.
- Unlawful lock changes by landlords are illegal and expose them to legal consequences.
- Tenants who experience illegal lockouts have rights to seek legal remedies and should act quickly to protect their interests.