Wisconsin security deposit rules
How Wisconsin deposit returns generally work
Wisconsin generally requires a landlord to deliver or mail a residential security deposit, less amounts lawfully withheld, within 21 days after the rental agreement terminates, along with a written statement describing each item withheld and the amount for each. Deductions are limited to tenant damage, waste, or neglect, unpaid rent, certain utility and permit charges, and separately signed nonstandard rental provisions, not normal wear and tear, and Wis. Stat. § 100.20(5) provides for twice the pecuniary loss plus costs and attorney fees when a court finds a violation.
Wis. Stat. § 704.28(4) and ATCP 134.06(2) generally require the deposit, less lawful withholdings, to be delivered or mailed within 21 days after the rental agreement terminates, with different triggers after an early move-out, a rerental, or a late move-out.
Withholding is limited to tenant damage, waste, or neglect, unpaid rent, certain utility and permit charges, and signed nonstandard rental provisions, not normal wear and tear; ATCP 134.06(4) requires a written statement describing each item withheld and its amount.
Under Wis. Stat. § 100.20(5), a person suffering pecuniary loss because of a violation of ch. ATCP 134 shall recover twice that loss plus costs, including a reasonable attorney fee, as determined by a court.
Watch your own deadline: The 21-day period is not conditioned on a forwarding address, but a landlord who otherwise complied is not in violation solely because the postal service could not deliver the deposit (ATCP 134.06(5)). Give the landlord your mailing address in writing and keep proof of when you sent it.
Check coverage: Section 704.28 applies to residential tenancies only, and ch. ATCP 134 excludes certain units, such as institutional housing, tourist or transient rentals, free or employee housing, and government-owned units. Rent prepaid beyond one month is treated as part of the deposit, and local ordinances may not add security-deposit requirements beyond the state rules.
These are general summaries, not conclusions about your situation. Review the linked official text and obtain legal advice when needed.
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