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.
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.
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.
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