Wisconsin security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06, a landlord in Wisconsin must return your security deposit — together with any required written itemization of deductions — within 21 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

The damages multiplier comes from the private right of action in § 100.20(5) for violations of ATCP 134, not from § 704.28 itself.

What it costs your landlord

Under Wis. Stat. § 100.20(5), a landlord who wrongfully withholds a deposit in Wisconsin may be liable for double the tenant's loss plus court costs and reasonable attorney's fees. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in Wisconsin

Unpaid rent, damage or waste caused by the tenant, unpaid utility or municipal service charges, and unpaid mobile-home parking fees.

Wis. Admin. Code ATCP § 134.06

Ordinary wear and tear

Wisconsin's formulation is broader than the usual one: a landlord may not withhold for damages or losses the tenant cannot reasonably be held responsible for under applicable law, which sweeps in more than ordinary wear.

“normal wear and tear, or… damages or losses for which the tenant cannot reasonably be held responsible under applicable law”

What a compliant itemization has to contain

A written statement accounting for all amounts withheld, describing each item of physical damage or other claim and the amount withheld for it, within 21 days.

Read it yourself: Wis. Admin. Code ATCP § 134.06

How to get your deposit back in Wisconsin

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Wisconsin that's 21 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

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

Under Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06, a Wisconsin landlord has 21 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in Wisconsin?

Under Wis. Stat. § 100.20(5), a landlord who wrongfully withholds may be liable for double the tenant's loss plus court costs and reasonable attorney's fees.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.