Wisconsin Security Deposit Law: Deadlines & Penalties
Wisconsin landlords must return the security deposit, minus allowed deductions, within 21 days. If the tenant moves out when the lease ends, the clock starts on the termination date; if the tenant leaves early, it starts when the lease would have ended or when a new tenant's tenancy begins, if that is sooner. Deductions are limited to tenant damage, unpaid rent, certain unpaid utilities and fees, and items listed in a separate nonstandard rental provisions document.
If any money is kept, the landlord must deliver or mail a written statement within the same 21 days describing each item of damage or other claim and the amount withheld for it. Landlords cannot deduct for normal wear and tear, such as routine painting or carpet cleaning without unusual damage, and cannot falsify any claim.
Wisconsin's deposit rules are enforced through the state's consumer protection laws. A tenant who loses money because of a violation can sue for twice the amount of the loss, plus costs and reasonable legal fees. Tenants can also file a complaint with the Department of Agriculture, Trade and Consumer Protection.
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Wisconsin: common questions
How long does a Wisconsin landlord have to return a deposit?
21 days. If you moved out when your lease ended, the clock starts on the termination date. If you left early, it starts when the lease ends or when a new tenant's tenancy begins, if that comes first.
What can't a Wisconsin landlord deduct?
Normal wear and tear, such as routine painting or carpet cleaning where there is no unusual damage. Charges for reasons beyond the standard list must be in a separate nonstandard rental provisions document you were shown before signing.
What can I recover if my Wisconsin landlord wrongfully keeps my deposit?
Because the deposit rules are part of Wisconsin's consumer protection laws, a tenant can sue for twice the amount wrongfully withheld, plus costs and reasonable legal fees. You can also file a complaint with the state consumer protection office.
Can I sue for my deposit in Wisconsin small claims court?
Yes. Wisconsin small claims court generally hears money claims of up to $10,000, and a 2025 law raises that limit to $15,000 for cases filed on or after January 1, 2027. Bring your lease, photos and this letter.
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