Wisconsin security deposit laws
In Wisconsin, your landlord has 21 days to return your deposit or send an itemized list of deductions. Here is what the law requires, what they can and cannot keep, and how to get your money back.
Return deadline
21 days
After you hand back the keys
Penalty for wrongful withholding
Up to 2x
Double the amount wrongfully withheld, plus court costs and reasonable attorney fees
Small claims limit
$10,000
Covers most deposit disputes
Itemized statement
Required
For any deductions the landlord takes
Related states
Compare nearby security deposit rules and deadlines.
What your Wisconsin landlord must do
Return the deposit on time
Under Wis. Admin. Code ATCP 134.04, 134.06; Wis. Stat. § 704.28, the landlord generally must return your deposit or send an itemized statement of deductions within 21 days after you move out. Missing that deadline often weakens or forfeits their right to keep any of it.
Justify every deduction
An itemized statement of the deductions is required, and vague or unsupported charges do not meet the standard. Normal wear and tear is never deductible.
Common Wisconsin deposit disputes
Pick the situation that matches yours for the Wisconsin-specific rules and a ready-to-send demand letter.
Wisconsin security deposit questions
How long does a landlord in Wisconsin have to return a security deposit?
Under Wis. Admin. Code ATCP 134.04, 134.06; Wis. Stat. § 704.28, a Wisconsin landlord generally has 21 days after you move out to return the deposit or send an itemized statement of deductions.
What can a Wisconsin landlord deduct from a security deposit?
Only actual damage beyond normal wear and tear, unpaid rent, or other charges the lease and Wisconsin law allow. An itemized statement of the deductions is required. Ordinary wear from normal use is not deductible.
What happens if my Wisconsin landlord keeps my deposit unfairly?
Double the amount wrongfully withheld, plus court costs and reasonable attorney fees A demand letter that cites Wis. Admin. Code ATCP 134.04, 134.06; Wis. Stat. § 704.28 and the missed deadline is the standard first step before small claims.
Can I sue my landlord in Wisconsin small claims court over a deposit?
Yes. Wisconsin small claims court handles deposit disputes for amounts up to $10,000, which covers most deposits plus the statutory penalty. You do not need a lawyer.
Not legal advice
RentBack is jurisdiction-accurate legal research and drafting support for renters, not a law firm and not a substitute for a licensed attorney.