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Madison, WI Rental Property Rules: Security Deposit Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Return deadline
21 days
Statute
Wis. Stat. 704.28
Rule
ATCP 134.06
Local preemption
Wis. Act 76 (2018)
Penalty
Double damages + fees

Summary

Wisconsin Act 76 (2018) preempts Madison from imposing tougher local security deposit caps. Landlords must follow the statewide ATCP 134 framework, including a 21-day return clock and itemized deductions tied to actual damages.

This chapter applies to the rental of dwelling units located in this state, but does not apply to the rental or occupancy of any of the following: ATCP 134.01(1) (1) A dwelling unit operated by a public or private institution if occupancy is incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar services. ATCP 134.01(2) (2) A dwelling unit occupied by a member of a fraternal or social organization which operates that dwelling unit. ATCP 134.01(3) (3) A dwelling unit occupied, under a contract of sale, by the purchaser of the dwelling unit or the purchaser’s successor in interest.

Source: Madison Department of Civil Rights - Tenant/LandlordView official code

Full Breakdown

Wisconsin Act 76 (2018) bars Madison from regulating security deposits beyond the state baseline in Wis. Stat. Sec. 704.28 and ATCP 134.06. Landlords must return deposits within 21 days of vacancy with an itemized statement of deductions. Permitted deductions are limited to unpaid rent, damage beyond ordinary wear, and certain utility charges agreed to in writing. Wisconsin places no statutory dollar cap on deposit amounts, but the Tenant Resource Center, a Madison-funded nonprofit, helps tenants pursue double-damages remedies for improper withholding. The Common Council may not adopt stricter Madison-only deposit ceilings.

Violations & Fines

Improper withholding entitles tenants to double damages plus attorney fees under Wis. Stat. Sec. 100.20(5), recoverable in small claims court in Dane County.

Frequently Asked Questions

Can Madison set a one-month security deposit cap?
No. Wisconsin Act 76 preempts city deposit caps. Any local rule must mirror the state baseline in Wis. Stat. 704.28 and ATCP 134.06.
What if my landlord misses the 21-day deadline?
You can sue for the full deposit plus double damages and attorney fees under Wis. Stat. 100.20(5). The Tenant Resource Center can guide you through filing.

Sources & Official References

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