Minnesota vs Wisconsin: Security Deposit Laws Compared
| Aspect | Minnesota | Wisconsin |
|---|---|---|
| Return Deadline | 21 days | 21 days |
| Maximum Deposit | No cap | No cap |
| Itemization Required | Yes | Yes |
| Interest Required | Yes | No |
| Statute | Minn. Stat. § 504B.178 | Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06 |
| Penalty for Violation | Tenant may recover the portion of the deposit wrongfully withheld PLUS an equal amount (effectively double damages) as a penalty, plus interest. Bad-faith retention adds up to $500 punitive damages per deposit. | Tenant may recover 2x (double) the amount wrongfully withheld, plus court costs and reasonable attorney's fees (Wis. Stat. § 100.20(5) via ATCP 134 violations). |
Which state is more tenant-friendly?
“Tenant-friendly” depends on which factor matters most to you. A shorter return deadline favors tenants who want their money back fast. A lower maximum deposit favors tenants moving in. Stronger penalties for violations help if you end up in a dispute. Required interest helps over long tenancies.
For a typical renter, the most-watched signal is the return deadline. By that measure:
- Minnesota: 21 days to return (Minn. Stat. § 504B.178)
- Wisconsin: 21 days to return (Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06)
What you need to know about each state
Minnesota
3 weeks (21 days) after tenancy termination OR 21 days after receipt of tenant's forwarding address, whichever is later. Reduced to 5 days if tenant must vacate due to building condemnation (not tenant's fault). No statewide cap, though Minneapolis limits deposits to 1 month's rent.
Full Minnesota security deposit law →
Wisconsin
21 days to return deposit + itemized withholdings statement. 21-day clock: (a) if tenant vacates on termination date, from that date; (b) if before, from termination date (or new tenant move-in if earlier); (c) if after, from when landlord learns of vacancy. BEFORE accepting deposit, landlord must give tenant a written notice of their right to (1) inspect and report pre-existing damage within 7+ days, and (2) request list of deductions from the prior tenant's deposit. Rent prepayments exceeding 1 month are treated as security deposit. No statewide cap. Madison has additional pre-2011 interest provisions.
FAQ
- Which state is more tenant-friendly for security deposits, Minnesota or Wisconsin?
- Minnesota requires landlords to return deposits within 21 days, while Wisconsin requires 21 days. Both states share the same return deadline. Other factors like maximum deposit caps and statutory penalties also matter — see the comparison table below.
- What is the difference in maximum security deposit between Minnesota and Wisconsin?
- Minnesota: No statutory cap. Wisconsin: No statutory cap.