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Wisconsin security deposit law
Short answer: A Wisconsin landlord has 21 days to return the deposit, minus allowed deductions, with a written statement describing each item withheld and its cost. The 21 days usually start on the date the lease ends. State law sets no limit on the deposit amount.
| Deadline to return the deposit | 21 days after the lease ends, if the tenant moves out on time. If the tenant leaves early, it's 21 days after the lease ends or after a new tenant moves in, whichever is first. If the tenant stays past the end date, it's 21 days after the landlord learns the tenant is gone. |
|---|---|
| Limit on how much a landlord can charge | No limit in state law. Any prepaid rent beyond one month counts as part of the deposit. |
| Itemized list of deductions | Yes. A written statement accounting for everything withheld, describing each item of damage or other claim and the amount charged for it. |
| Interest on the deposit | Not required by state law. |
| Penalty if the landlord breaks the rules | Breaking the state's deposit rules is treated as an unfair trade practice: a tenant can recover twice the amount lost, plus costs and reasonable attorney's fees. Intentionally faking a damage claim is prohibited. |
| What the tenant has to do | Inspect the unit at move-in and report existing damage by the deadline the landlord gives (at least 7 days after move-in). Leave a forwarding address. |
| The law | Wisconsin Statutes Section 704.28 and Wisconsin Administrative Code ATCP 134.06 |
Official law: Wisconsin Statutes Section 704.28 and Wisconsin Administrative Code ATCP 134.06. Checked against the statute on 2026-11-04.
Good to know
- Before taking a deposit, the landlord must tell the tenant in writing of the right to inspect and report existing damage, and to request a list of damage charged to the previous tenant.
- Deductions are limited to tenant damage, unpaid rent, unpaid utilities in certain cases, certain municipal fees, and anything listed on a separate signed 'NONSTANDARD RENTAL PROVISIONS' document.
- Normal wear and tear can't be charged. Routine painting or carpet cleaning can't be deducted unless the tenant caused unusual damage.
Tips for landlords
- Do a written move-in inspection and have the tenant sign it. Take dated photos of every room, including inside appliances and closets.
- Collect the tenant's forwarding address in writing at move-out.
- Put the itemized list and the refund in the mail well before the deadline, and keep proof of mailing.
- Normal wear and tear (faded paint, light carpet wear, small nail holes) usually can't be charged. Damage beyond that can.
Tips for tenants
- Take your own dated photos and video on move-in day and move-out day.
- Give your landlord your forwarding address in writing, and keep a copy.
- If the deadline passes, send a written demand letter that cites the law above before going to small claims court.
Common questions
How long does a landlord have to return a security deposit in Wisconsin?
21 days after the lease ends, if the tenant moves out on time. If the tenant leaves early, it's 21 days after the lease ends or after a new tenant moves in, whichever is first. If the tenant stays past the end date, it's 21 days after the landlord learns the tenant is gone.
Is there a limit on security deposits in Wisconsin?
No limit in state law. Any prepaid rent beyond one month counts as part of the deposit.
Does a landlord in Wisconsin have to itemize deductions?
Yes. A written statement accounting for everything withheld, describing each item of damage or other claim and the amount charged for it.