Security Deposit Laws in Wisconsin

How long does a landlord have to return a security deposit in Wisconsin?

Under Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06, a landlord in Wisconsin has 21 days after you move out to either return your full security deposit or provide an itemized statement of deductions along with any remaining balance.

Important Wisconsin-specific details

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.

What happens if the landlord misses the deadline in Wisconsin?

Missing the deadline has real consequences for landlords in Wisconsin. Under the statute, the penalty is: 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).

In practice, this means if your landlord doesn't return the deposit (or a proper itemized statement) within 21 days, you likely have a strong case in small claims court.

What can the landlord legally deduct from your deposit in Wisconsin?

Wisconsin law generally allows landlords to deduct for:

• Unpaid rent
• Damage to the unit beyond normal wear and tear — holes in walls, broken fixtures, stains, pet damage
• Cleaning costs, if the unit is left noticeably dirtier than at move-in
• Breach-of-lease costs, such as early termination fees where legally permitted

Landlords cannot deduct for normal wear and tear — faded paint, worn carpet from regular use, minor scuffs, or small nail holes from hanging pictures.

Calculator: check your deposit situation

Enter your move-out date and deposit amount below to see exactly when your landlord's deadline is — and whether they've already missed it.

What to do if your landlord won't return your deposit in Wisconsin

1. Send a demand letter by certified mail. Cite Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06 and the amount owed. Keep a copy and the delivery receipt.
2. Give the landlord a reasonable response window — typically 7 to 14 days after the demand letter.
3. File in small claims court. In most states you can sue for up to $5,000–$10,000 without a lawyer. Filing fees are usually $30–$75 and often recoverable as costs.
4. Bring evidence. Lease, move-in and move-out photos, the demand letter, proof of delivery, and any communications with the landlord.

For a complete walkthrough, see our guide: What to Do If Your Landlord Won't Return Your Security Deposit.