Disclaimer in lease agreement to "lockout" tenant?

[Amy Oltendorf]

I have a lease prepared to give to my new tenants, after a long and painful wait to find and screen the right person(s) for the unit. This was my first time in marketing, showing the property, and running their credit/criminal background. I checked all aspects to current income previous rental history, etc. I think all is well, but who knows, always be prepared for the worst case scenario, right?

I am curious to see if I can put a clause in my lease under "non payment of rent." Something to the effect of: "if tenant is (X amount of days) late with payment of rent, the locks will be changed and the landlord has the right to remove tenant's belongings from the dwelling whether it in a common area, or outside. Landlord is not responsible for damages or stolen items. "

I have heard of this being done to someone, however, I think she may have been fooled and did not look into her rights as a tenant.

I mean, if that was the case, why would there be evictions, as they are costly and time consuming (so I hear).

Is this type of clause in your lease completely illegal? (If not, I would obviously like to put something in my lease to say something along those lines).

I am a landlord in Wisconsin, if that happens to make a difference.

Any guidance would be appreciated!

[Jon Holdman]

Unlikely that would hold up in court. But, as always, if you want a definitive answer from someone who would stand beside you in court, consult your lawyer. If you don't have one, finding one to review your lease would be a great place to start.

This is a "self help" eviction. Very likely the tenant could turn around a sue you and they would probably win. Just plan to follow the process in your state, if the need arises.