Wisconsin Statewide Rule

Wisconsin Security Deposit Law (Wis. Stat. § 704.28 / ATCP 134.06)

Some RestrictionsApplies statewide across Wisconsin (2026)

Key Facts

Deposit cap: No statutory cap
Return deadline: 21 days after lease ends or tenant surrenders premises
Itemized statement: Required: written itemization of each withholding within 21 days (ATCP 134.06)
Statute: Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06
Penalty: Double damages + costs + reasonable attorney fees (Wis. Stat. § 100.20(5))

Last verified: September 5, 2026

Summary

Wisconsin sets no statutory cap on the amount of a residential security deposit. After a tenancy ends, the landlord must mail or deliver the deposit, less lawful deductions, within 21 days. If any amount is withheld, the landlord must include a written, itemized statement describing each deduction. Normal wear and tear cannot be charged.

(2) Returning security deposits. A landlord shall deliver or mail to a tenant the full amount of any security deposit paid by the tenant, less any amounts that may be withheld under sub. (3), within 21 days after any of the following: ATCP 134.06(2)(a)(a) If the tenant vacates the premises on the termination date of the rental agreement, the date on which the rental agreement terminates.

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Full Breakdown

Wis. Stat. § 704.28(4) requires a landlord to "deliver or mail to a tenant the full amount of any security deposit paid by the tenant, less any amounts that may be withheld" within 21 days after the lease ends, the tenant surrenders the premises, or a new tenant moves in early, whichever applies. Permitted deductions under § 704.28(1)-(2) include tenant damage, waste, or neglect; unpaid rent for which the tenant is legally responsible; unpaid utility charges; and certain municipal permit fees. Section 704.28(3) provides that the law "does not authorize a landlord to withhold any amount from a security deposit for normal wear and tear." Wis. Admin. Code ATCP 134.06 requires that when any portion is withheld the landlord deliver or mail a written statement accounting for all amounts withheld, describing each item, within the same 21-day window.

Violations & Penalties

Withholding a deposit improperly violates ATCP 134, an order issued under Wis. Stat. § 100.20. Under § 100.20(5) a tenant suffering pecuniary loss "shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee": double damages plus costs and attorney fees.

Frequently Asked Questions

How much can a landlord charge for a security deposit in Wisconsin?

Wisconsin law sets no statutory limit on the size of a residential security deposit. Neither Wis. Stat. § 704.28 nor Wis. Admin. Code ATCP 134.06 caps the amount, so the deposit is governed by the lease and the market.

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

Within 21 days. Wis. Stat. § 704.28(4) requires the landlord to deliver or mail the deposit, less any lawful deductions, within 21 days after the lease ends, the tenant surrenders the premises, or a new tenant moves in early, whichever applies.

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

Tenant damage, waste, or neglect beyond normal wear and tear; unpaid rent the tenant legally owes; unpaid utility charges; and certain municipal permit fees, under Wis. Stat. § 704.28(1)-(2). Normal wear and tear cannot be charged, and each withholding must appear on a written itemized statement under ATCP 134.06.

Sources

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