Security Deposit Return Deadlines & Deductions in Wisconsin

Short answer A Wisconsin landlord must deliver or mail the deposit balance within 21 days after the applicable termination or vacancy event; the start date changes if the tenant leaves early or stays late. A landlord who withholds money must send a written statement accounting for each claim. The ordinary residential rules state no statewide deposit cap or interest duty, and a tenant with a pecuniary loss from an administrative-rule violation may recover twice that loss plus costs and a reasonable attorney fee (Wis. Stat. §§ 704.28, 100.20(5); Wis. Admin. Code ATCP 134.06).
State
Wisconsin
Statute checked
October 7, 2026
Sources
8 statutes

At a glance

Governing lawWis. Stat. §§ 704.28, 100.20(5); Wis. Admin. Code ATCP 134.06
Deadline to return the deposit21 days from termination if vacating on time; termination or earlier rerental if leaving early; landlord learns of late vacancy if leaving late (§ 704.28(4))
Itemized statement required?Written item-by-item statement for withheld amount, delivered or mailed within return period (ATCP 134.06(4))
What can be deductedDamage beyond normal wear, unpaid rent, specified utility/municipal charges, and agreed nonstandard provisions (§ 704.28(1)-(3))
Maximum deposit amountNo statewide maximum stated for ordinary residential deposit in § 704.28 or ATCP 134.06
Interest on the deposit?No state interest duty stated in § 704.28 or ATCP 134.06
Penalty for a late/bad-faith withholdingFor pecuniary loss from ATCP order violation, twice loss plus costs and reasonable attorney fee (§ 100.20(5))
Separate account or bond required?No separate-account or bond duty stated in § 704.28 or ATCP 134.06

Requirements one by one

Wis. Stat. § 704.28(5) limits the section to residential tenancies.

Return and itemization

Wis. Stat. § 704.28(4) gives three start dates for the 21-day delivery or mailing period. If the tenant leaves on the agreement's termination date, count from that date. If the tenant leaves or is evicted earlier, count from termination or the start of a new tenancy if the landlord rerents first. If the tenant leaves or is removed after termination, count from when the landlord learns of the vacancy or removal. A landlord withholding any part must also deliver or mail a written, item-by-item accounting within the same period under Wis. Admin. Code ATCP 134.06(4).

Deductions

Wis. Stat. § 704.28(1) allows only reasonably necessary amounts for tenant damage, waste or neglect, unpaid rent, specified unpaid utility charges, qualifying municipal permit fees, and agreed nonstandard reasons. Wis. Stat. § 704.28(2) requires the latter in a separate document titled “NONSTANDARD RENTAL PROVISIONS” and specific identification before the lease. Wis. Stat. § 704.28(3) bars normal wear and tear and losses for which the tenant cannot reasonably be held responsible. ATCP 134.06(4) also forbids intentionally falsified deposit claims.

Remedy

Wis. Stat. § 100.20(5) permits a person who suffers pecuniary loss because of a violation of an order under that section to recover twice the loss plus costs, including a reasonable attorney fee. The official administrative chapter states that Chapter ATCP 134 was adopted under § 100.20(2); a deposit-rule violation and actual pecuniary loss are the relevant conditions. Section 704.28 itself states no double-damages formula.

What trips people up

The return clock does not always begin on move-out. For an early departure, the lease termination or earlier rerental controls; for a late departure, the landlord's knowledge of vacancy controls. A landlord who otherwise complied is not in violation solely because mail could not be delivered to the address used, under ATCP 134.06(5).

Common questions

Can routine wear be charged to the deposit? No. Section 704.28(3) expressly excludes normal wear and tear.

Does every late return automatically double the deposit? Section 100.20(5) requires pecuniary loss from a qualifying rule violation; it doubles that loss, not automatically every deposit.

Must the deposit earn interest? Neither § 704.28 nor ATCP 134.06 states a statewide interest duty for ordinary residential deposits.

Statutes and sources

  • Wis. Stat. § 704.28(1)-(5) — deductions and return. https://docs.legis.wisconsin.gov/statutes/statutes/704/28?view=section (accessed 2026-10-07)
  • Wis. Admin. Code ATCP 134.06(4)-(5) — accounting and mailing. https://docs.legis.wisconsin.gov/document/administrativecode/ATCP%20134.pdf#page=4 (accessed 2026-10-07)
  • Wis. Stat. § 100.20(5) — pecuniary-loss remedy. https://docs.legis.wisconsin.gov/statutes/statutes/100/20?view=section (accessed 2026-10-07)

Source links

Every statute quoted above, linked, with the date we checked it.

Wis. Stat. § 704.28(1) · accessed 2026-10-07
Wis. Stat. § 704.28(2) · accessed 2026-10-07
Wis. Stat. § 704.28(3) · accessed 2026-10-07
Wis. Stat. § 704.28(4) · accessed 2026-10-07
Wis. Stat. § 704.28(5) · accessed 2026-10-07
Wis. Admin. Code ATCP 134.06(5) · accessed 2026-10-07
Wis. Stat. § 100.20(5) · accessed 2026-10-07
This page is general legal information about your state's security deposit rules under STATE law, not legal advice about your specific deposit or lease. It does not cover city or county rules that may add further deposit requirements (some cities require additional notice, a higher interest rate, or a shorter deadline than the state floor) — check local law separately. Whether a deduction was proper, whether a deadline was missed, and what penalty applies often depend on case-specific facts this page cannot resolve for you. Verified against the official statute text on the date shown; confirm current law or consult a licensed attorney in the state before relying on it.

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