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?

Usually not. Most landlords pay once they receive a formal written demand sent by certified mail that cites the statute and the penalties for withholding. Small claims court is the fallback if they ignore it.

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.

Deadline to return

21 days

Governing statute

Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06

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.

How to get your deposit back in Wisconsin

1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Wisconsin that's 21 days.
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. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
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. File in small claims if they ignore you.You don't need a lawyer. File in the county where the property is located.

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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?: Usually not. Most landlords pay once they receive a formal written demand sent by certified mail that cites the statute and the penalties for withholding. Small claims court is the fallback if they ignore it.

Statute text verified against the published source on July 29, 2026. Laws change — confirm the current text before relying on it. This page is general information, not legal advice.