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Wisconsin security deposit law

Source: Wis. Stat. §§ 704.08, 704.28; Wis. Admin. Code ATCP 134.06 · Checked against the statute

Maximum deposit
No statutory limit.
Return deadline
21 days (see details)
If the landlord keeps it wrongly
A tenant with a pecuniary loss from a violation of ATCP 134 may recover twice the loss, plus costs and reasonable attorney fees (Wis. Stat. § 100.20(5)).

Calculate your Wisconsin deadline

Choose your state and move-out date to see when your landlord must return the deposit.

When the deposit must be returned

  • Deliver or mail the deposit, minus allowed withholdings, within 21 days. If the tenant leaves on the termination date, the clock starts on that date. If the tenant leaves early, it starts on the termination date or when a new tenant's tenancy begins. If the tenant leaves late, it starts when the landlord learns the tenant has vacated (Wis. Stat. § 704.28(4); ATCP 134.06(2)).

No forwarding-address condition. A landlord who otherwise complied isn't in violation just because the post office couldn't deliver the mail (ATCP 134.06(5)).

Itemized list of deductions

Required: Yes. Written statement accounting for all amounts withheld, describing each item of damage or other claim and the amount withheld for it (ATCP 134.06(4)(a)).

What can and can't be deducted

No withholding for normal wear and tear, or for damage the tenant can't reasonably be held responsible for (Wis. Stat. § 704.28(3)). The rule's note gives examples: no deductions for routine painting or carpet cleaning without unusual damage from tenant abuse (ATCP 134.06(3)(c) & note).

Nonrefundable fees

A 'security deposit' includes all payments given as security and all rent prepaid beyond one month (ATCP 134.02(11)). Deductions beyond the standard list need a separate signed 'NONSTANDARD RENTAL PROVISIONS' document (Wis. Stat. § 704.28(2)). Credit-check charges are capped at actual cost, up to $25 (§ 704.085).

Interest, bank account and move-in inspection

  • Interest required: No. No statewide interest requirement.
  • Separate account required: No. No separate-account requirement.
  • Move-in inspection required: Yes. The landlord must give a new tenant a check-in sheet, and the tenant has 7 days to complete and return it (Wis. Stat. § 704.08). Before accepting a deposit, the landlord must give written notice that the tenant may inspect the unit and report damage, and may ask for a list of damage charged to the prior tenant's deposit (ATCP 134.06(1)).

Penalties and bad faith

A tenant with a pecuniary loss from a violation of ATCP 134 may recover twice the loss, plus costs and reasonable attorney fees (Wis. Stat. § 100.20(5)).

No statutory presumption. Landlords may not intentionally misrepresent or falsify a deposit claim (ATCP 134.06(4)(b)).

Getting your deposit back in court

Small claims court: claims of $10,000 or less. Court information

Before filing, many tenants send a written demand first. Write a Wisconsin demand letter →

Also good to know

  • Cities, villages, towns, and counties can't add deposit or inspection requirements beyond the state rules (Wis. Stat. § 66.0104(2)(b)).
  • Allowed standard withholdings: tenant damage, waste, or neglect; unpaid rent; unpaid landlord-provided utilities; government utility charges the landlord becomes liable for; and unpaid municipal permit fees (§ 704.28(1)).
  • If a new tenant asks for the list of damage charged to the prior tenant's deposit, the landlord must provide it within 30 days of the request or 7 days after notifying the prior tenant of deductions, whichever is later (ATCP 134.06(1)(b)).
  • Any prepaid rent above one month still held when the tenant surrenders the unit must be treated as a security deposit and returned under the 21-day rule (ATCP 134.06(2) note).

Sources

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.