🏠 WISCONSIN · SECURITY DEPOSIT LAW
Security deposits in Wisconsin
In Wisconsin, Wis. Admin. Code ATCP 134.06 gives your landlord 21 days after the tenancy ends to return your deposit or send an itemized statement of what was withheld.
Wisconsin sets no statutory cap on the deposit amount. A tenant who loses money because a landlord broke the deposit rules in ATCP 134 recovers twice that loss plus costs and attorney fees (Wis. Stat. § 100.20(5)).
The Wisconsin statute
VERIFIED PRIMARY SOURCE
§ Wis. Admin. Code ATCP 134.06
A landlord must deliver or mail the returned security deposit, less any properly withheld amounts, within 21 days after the tenant surrenders the premises (ATCP 134.06(2)). Withholdings must be itemized in a written statement. Wisconsin sets no statutory cap on the deposit amount. Verified against primary rule text (docs.legis.wisconsin.gov) 2026-08-26.
Read the Wisconsin source text →Wisconsin deadlines at a glance
| Rule | What Wisconsin requires |
|---|---|
| Deadline to return or itemize | 21 days after the tenancy ends |
| Maximum deposit | No statutory limit |
| If the landlord misses the deadline | A tenant who loses money because a landlord broke the deposit rules in ATCP 134 recovers twice that loss plus costs and attorney fees (Wis. Stat. § 100.20(5)). |
| Governing statute | Wis. Admin. Code ATCP 134.06 |
Every figure here was read from the Wisconsin statute text, not a secondary summary. Verified against the primary source →
What security deposits law covers in Wisconsin
The 21 days clock in WisconsinWis. Admin. Code ATCP 134.06 sets Wisconsin's deadline at 21 days from the end of the tenancy.
Wisconsin does not cap the depositWisconsin sets no statutory ceiling on the deposit amount, so the lease controls how much you can be charged. The return deadline and itemization rules in Wis. Admin. Code ATCP 134.06 still apply in full.
Itemization is the condition of keeping anythingWithholding any part of the deposit in Wisconsin requires a written, itemized statement within the 21 days window. A lump-sum "cleaning and repairs" line is the kind of entry that fails the statute — and ordinary wear and tear is not deductible.
What missing the deadline costs in WisconsinA tenant who loses money because a landlord broke the deposit rules in ATCP 134 recovers twice that loss plus costs and attorney fees (Wis. Stat. § 100.20(5)). Whether a remedy applies can turn on the dates, so keep proof of the day you moved out and the day you gave a forwarding address.
What to do in Wisconsin, in order
- Write down the date the tenancy ended and you handed back possession — in Wisconsin the 21 days clock runs from that date.
- Document the unit on move-out day: video every room, appliance, and wall, and keep the file timestamped.
- Send your forwarding address in writing and keep proof — several statutes start or extend the clock from it.
- If 21 days pass with no deposit and no itemized statement, send a demand letter citing Wis. Admin. Code ATCP 134.06 and the remedy described above.
- If the landlord still doesn't pay, Wisconsin small claims court handles deposit cases cheaply — ask for the deposit and any amount the statute allows on top of it.
Common questions about security deposits in Wisconsin
How long does my landlord have to return my security deposit in Wisconsin?
Wis. Admin. Code ATCP 134.06 gives your landlord 21 days after the tenancy ends to return your security deposit or send you an itemized statement of what was withheld.
What happens if my Wisconsin landlord misses the deadline?
A tenant who loses money because a landlord broke the deposit rules in ATCP 134 recovers twice that loss plus costs and attorney fees (Wis. Stat. § 100.20(5)). You generally have to claim it, and small claims court is where deposit cases of this size are decided.
How much can a landlord charge for a security deposit in Wisconsin?
Wisconsin sets no statutory maximum, so the amount is whatever the lease sets. The deadline and itemization requirements in Wis. Admin. Code ATCP 134.06 still apply regardless of size.
Can my Wisconsin landlord keep the deposit for cleaning?
Only to return the unit to its move-in cleanliness, and any deduction must appear in the itemized statement due within 21 days. Routine turnover cleaning and ordinary wear — faded paint, traffic-worn carpet — are generally the landlord's cost, not yours.
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Run the Lease Analyzer — free →This page is general legal information, not legal advice, and doesn’t create an attorney-client relationship. Statutes change and have exceptions; the linked primary source controls. For advice on your situation, consult a licensed attorney in your state.