Wisconsin security deposit law

Security Deposit Laws in Wisconsin: What Your Landlord Can and Cannot Keep

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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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. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 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. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

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Wisconsin tenant rights resources

Every fact on this page is verified against Wisconsin's official statutory text as of 2026-09-07. TenantNex prepares legal correspondence as a document preparation service, not as your attorney. For complex disputes, consult a licensed attorney in Wisconsin.

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What TenantNex is — and isn't

TenantNex is a document preparation and delivery service, 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.