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

Wisconsin law gives landlords 21 days to return the deposit or send an itemized list of deductions, under Wis. Stat. § 704.28(4) (deadline); Wis. Admin. Code ATCP 134.06 (itemization); penalty via Wis. Stat. § 100.20(5).

What can a landlord deduct from a security deposit in Wisconsin?

Under Wis. Stat. § 704.28(4) (deadline); Wis. Admin. Code ATCP 134.06 (itemization); penalty via Wis. Stat. § 100.20(5), allowed deductions generally include tenant damage, waste, or neglect of the premises (except normal wear and tear) and unpaid rent for which the tenant is legally responsible, subject to the duty to mitigate under § 704.29. Normal wear and tear is not deductible.

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Wisconsin security deposit law

Security Deposit Laws in Wisconsin

Your landlord has 21 days under Wisconsin law to return your security deposit, or you may be owed more than what they withheld. If they keep more than they're legally allowed, you can dispute it.

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When did you move out?

This is the one that matters. Your clock starts the day you handed back the keys — not the day your landlord replies.

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Wisconsin security deposit return timeline

Deadline to return

21 days

Statute

Wis. Stat. § 704.28(4) (deadline); Wis. Admin. Code ATCP 134.06 (itemization); penalty via Wis. Stat. § 100.20(5)

The landlord must deliver or mail the full deposit, less lawful withholdings, within 21 days — but the clock does NOT simply run from move-out. It runs from: (a) the rental agreement's termination date if the tenant vacates on it; (b) for an early vacate or eviction, the agreement's termination date OR the new tenant's start date if the unit is re-rented sooner; (c) for a late vacate, the date the landlord LEARNS the tenant has vacated (Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06(2)). If any portion is withheld, ATCP 134.06(4) requires a written statement within the same 21 days describing each item of damage and the amount withheld. No tenant demand is required. Safe harbor: a landlord who mailed properly is not in violation solely because the postal service could not complete delivery — always supply a good forwarding address. Prepaid rent beyond one month is treated as a security deposit.

What can a landlord legally deduct in Wisconsin?

Allowed

✓Tenant damage, waste, or neglect of the premises (except normal wear and tear)
✓Unpaid rent for which the tenant is legally responsible, subject to the duty to mitigate under § 704.29
✓Landlord-provided utility payments owed under the rental agreement, government-owned-utility charges, and unpaid municipal permit fees the landlord becomes liable for
✓Other payments only if authorized in a signed NONSTANDARD RENTAL PROVISIONS document specifically identified with the tenant before the agreement (§ 704.28(2))

Not allowed

✗Normal wear and tear, or other damages or losses the tenant cannot reasonably be held responsible for (§ 704.28(3))
✗Routine painting or carpet cleaning absent unusual damage (official ATCP 134.06 note)
✗Intentionally misrepresented or falsified claims (ATCP 134.06(4)(b))

What if your landlord keeps your deposit wrongfully in Wisconsin?

Because ATCP 134 is an order under Wis. Stat. § 100.20, a tenant suffering pecuniary loss from a violation "shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee" (§ 100.20(5); applied to deposits by Pierce v. Norwick, 202 Wis. 2d 588 (Ct. App. 1996)). No bad-faith requirement.

How TenantNex helps

1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
2. We generate a demand letter citing Wis. Stat. § 704.28(4) (deadline); Wis. Admin. Code ATCP 134.06 (itemization); penalty via Wis. Stat. § 100.20(5) and your exact deadline.
3. We mail it to your landlord via USPS Certified Mail with return receipt.
4. You track delivery on your case page, with day-7 and day-14 follow-up.

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Wisconsin tenant rights resources

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Find your state's consumer protection / Attorney General office
Key statute: Wis. Stat. § 704.28(4) (deadline); Wis. Admin. Code ATCP 134.06 (itemization); penalty via Wis. Stat. § 100.20(5) — verified against the official text on 2026-09-07.

Every fact on this page is verified against Wisconsin's official statutory text as of 2026-09-07. TenantNex is not a law firm and this is not legal advice. For complex disputes, consult a licensed attorney in Wisconsin.

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Your money is due back

21 days

Wisconsin law sets this deadline — your landlord must return your deposit or itemize deductions by then.

If they wrongfully withhold

up to 2× your deposit

Add your deposit amount above for the exact figure.

Wis. Stat. § 704.28(4) (deadline); Wis. Admin. Code ATCP 134.06 (itemization); penalty via Wis. Stat. § 100.20(5) — verified against the official statute 2026-09-07

Your 21 days started the day you moved out — that clock is running right now whether or not your landlord acts, and the 2× penalty only exists if you demanded it in writing before it closed.

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We don't stop at mailing it. If your landlord doesn't respond, we follow up at day 7 and day 14 — and help you build the evidence and paperwork for small claims if it comes to that. Real result: we helped Kathleen A. (Ohio) recover her full $3,000 deposit this way.

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Option	Price	Effort	Follow-up
Do it yourself	—	All of it	You chase
TenantNex	$39	Done for you	We chase
Small-claims services	$149–448	—	—
Hire an attorney	$300–2,000+	—	—

An attorney starts at $300. Filing services charge $149 for the letter alone. We prepare the whole claim for $39.

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We run your claim until you are paid — or you are ready to file.

Step 1 — certified demand letter citing your state statute, deadline and penalty
Mailed USPS Certified with return receipt, tracked to your landlord’s door
Step 2 — day-14 notice of intent to file, the one most landlords act on
Step 3 — your small-claims packet: the right form for your county, filled in
Where to file, what it costs, and how to serve your landlord
Evidence checklist, with your certified receipt as Exhibit A
Counter-response letter if your landlord disputes or underpays
Attorney referral if it is still unresolved after 21 days

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TenantNex is not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.