Wisconsin · Security deposits · Updated Oct 2026

Wisconsin security deposit law

How much a landlord in Wisconsin can charge, the deadline to return a deposit, what may be deducted, the penalty for keeping it wrongly and how to get yours back.

Short answer

In Wisconsin, the deposit limit is: No statewide limit. The landlord must return it as follows: Within 21 days after the rental agreement ends, the landlord must deliver or mail the deposit (minus proper deductions) to your last known address.

deposit limit
No statewide limit
to return a deposit
21 days
deposit penalty
Up to 2×

Security deposit in Wisconsin

Limit
No statewide limit. Any payment at the start of a tenancy that is more than one month's prepaid rent is treated as a security deposit.
Deadline to return it
Within 21 days after the rental agreement ends, the landlord must deliver or mail the deposit (minus proper deductions) to your last known address. If you move out early, the 21 days run from the end of the lease or from when a new tenant moves in, whichever is first. Not leaving a forwarding address does not take away your right to the deposit, but tell the landlord and the post office your new address.
Itemized list
Yes. If anything is deducted, the landlord must give a written itemized statement describing each item of damage or other reason and the amount withheld for it. The landlord may not falsify claims.
What may be deducted
Damage, waste or neglect by you or your guests; unpaid rent; unpaid utilities provided by the landlord; unpaid government utility charges that become the landlord's responsibility; and other reasons only if listed in a separately signed 'Nonstandard Rental Provision.' Never for normal wear and tear, including routine cleaning, painting or carpet cleaning.
Interest
No. State law does not require interest on deposits.
Move-in checklist
Yes. Before taking a deposit, the landlord must tell you in writing that you have at least 7 days after the tenancy starts to inspect and note existing damage on a check-in sheet. You can also ask for a list of damage charged to the previous tenant. Keep a copy. Wis. Stat. 704.08; ATCP 134.06(1).
If the landlord keeps it wrongly
You can sue (usually in small claims) for twice your money loss plus costs and reasonable attorney fees for a violation of the deposit rules (Wis. Stat. 100.20(5)). DATCP can also seek civil forfeitures of $100 to $10,000 per violation.
Law
Wis. Stat. 704.28; Wis. Admin. Code ATCP 134.06; Wis. Stat. 100.20(5)

Get your deposit back, step by step

  1. Before you move out, clean, take dated photos and video of every room, and return all keys.
  2. Give your landlord your new address in writing. In Wisconsin: Within 21 days after the rental agreement ends, the landlord must deliver or mail the deposit (minus proper deductions) to your last known address.
  3. Wait for the deadline: Within 21 days after the rental agreement ends, the landlord must deliver or mail the deposit (minus proper deductions) to your last known address.
  4. If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
  5. If that doesn't work, sue in small claims court. Limit: $10,000 ($5,000 for personal injury/tort claims); evictions go to small claims regardless of the rent owed. Small claims court in Wisconsin on Small Claims Map

Deposit return calculator for Wisconsin

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.

Enter your deposit and move-out dateThe result appears as you type.

An estimate from the dates you enter and the rule in our data, not legal advice. We skip weekends only where the rule counts business days, and we don't skip holidays.

Security deposit demand letter for Wisconsin

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Your letter is made in your browser. Nothing you type is sent to us or anyone else.

The name on your lease or rent receipts.

We suggest 14 days.

One or two sentences. This text goes into the letter as written.

Small claims court in Wisconsin

Deposit disputes usually go to small claims court, where you don't need a lawyer. Limit: $10,000 ($5,000 for personal injury/tort claims); evictions go to small claims regardless of the rent owed.

Questions about security deposits in Wisconsin

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

No statewide limit. Any payment at the start of a tenancy that is more than one month's prepaid rent is treated as a security deposit.

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

Within 21 days after the rental agreement ends, the landlord must deliver or mail the deposit (minus proper deductions) to your last known address. If you move out early, the 21 days run from the end of the lease or from when a new tenant moves in, whichever is first. Not leaving a forwarding address does not take away your right to the deposit, but tell the landlord and the post office your new address.

What can I do if my landlord won't return my deposit in Wisconsin?

You can sue (usually in small claims) for twice your money loss plus costs and reasonable attorney fees for a violation of the deposit rules (Wis. Stat. 100.20(5)). DATCP can also seek civil forfeitures of $100 to $10,000 per violation.

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

Damage, waste or neglect by you or your guests; unpaid rent; unpaid utilities provided by the landlord; unpaid government utility charges that become the landlord's responsibility; and other reasons only if listed in a separately signed 'Nonstandard Rental Provision.' Never for normal wear and tear, including routine cleaning, painting or carpet cleaning.

Does a landlord have to pay interest on a security deposit in Wisconsin?

No. State law does not require interest on deposits.

What is the small claims limit in Wisconsin?

$10,000 ($5,000 for personal injury/tort claims); evictions go to small claims regardless of the rent owed.

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