Security Deposit Return Deadlines & Deductions in Wisconsin
At a glance
| Governing law | Wis. Stat. §§ 704.28, 100.20(5); Wis. Admin. Code ATCP 134.06 |
|---|---|
| Deadline to return the deposit | 21 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 deducted | Damage beyond normal wear, unpaid rent, specified utility/municipal charges, and agreed nonstandard provisions (§ 704.28(1)-(3)) |
| Maximum deposit amount | No 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 withholding | For 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.
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