Security Deposit Laws in Wisconsin

Based on Wis. Admin. Code ATCP § 134.06 · Last verified 2026

Wisconsin Security Deposit at a Glance

Return Deadline
21 days after move-out
Penalty for Late Return
2x the withheld amount
Statute
Wis. Admin. Code ATCP § 134.06
Max Deposit
No statutory limit
Itemized Statement Required
Yes (within 21 days)
Walk-Through Required
No
Interest on Deposit
No
Small Claims Limit
$10,000
Filing Fee
~$94

Your Rights Under Wis. Admin. Code ATCP § 134.06

Under Wis. Admin. Code ATCP § 134.06, landlords in Wisconsin must return a tenant's security deposit — or the balance after lawful deductions — within 21 days after the tenancy ends and the tenant vacates the unit. Along with the return, the landlord must provide a written, itemized statement of any deductions within 21 days. Failure to provide this statement is independently actionable.

If a landlord fails to return the deposit within 21 days, Wisconsin law provides for 2x the wrongfully withheld amount as damages.

What Your Landlord CAN Deduct

These deductions are permissible under Wisconsin law when properly documented.

  • Unpaid rent
  • Damage beyond normal wear and tear
  • Cleaning if lease requires and unit was left dirty
  • Lease-break fees if specified in lease
  • Costs to replace items tenant removed or kept

What Your Landlord CANNOT Deduct

These deductions are illegal in Wisconsin. If your landlord charged you for any of these, you have grounds to dispute them.

  • Normal wear and tear (minor scuffs, small nail holes, faded paint)
  • Carpet replacement after useful life (typically 7-10 years)
  • Painting after 2+ year tenancy (normal wear)
  • Pre-existing damage not noted at move-in
  • Upgrades or improvements beyond restoring to original condition
  • Costs to fix landlord deferred maintenance

Small Claims Court in Wisconsin

Court
Small Claims Court
Claim Limit
$10,000
Filing Fee
~$94

If your landlord ignores your demand letter, small claims court is designed for exactly this kind of dispute. No lawyer is required — most tenants represent themselves. File in the county where the rental property is located. Bring your lease, move-out checklist, any written communications, and photos of the unit. The entire process typically takes 30–90 days from filing to judgment.

Frequently Asked Questions

How long does my landlord have to return my deposit in Wisconsin?

Under Wis. Admin. Code ATCP § 134.06, landlords in Wisconsin must return the security deposit within 21 days after the tenancy ends. They must also provide an itemized statement of any deductions within 21 days.

What happens if my Wisconsin landlord doesn't return my deposit on time?

If a landlord fails to return the deposit within 21 days, Wisconsin law provides for 2x the wrongfully withheld amount as damages. You can send a formal demand letter and, if ignored, file in Small Claims Court without an attorney.

Can my landlord deduct for normal wear and tear in Wisconsin?

No. Under Wis. Admin. Code ATCP § 134.06, normal wear and tear — including minor scuffs, small nail holes, and carpet worn from normal use — cannot be deducted from your security deposit in Wisconsin. Only damage beyond normal wear and tear is a valid deduction.

How do I file a small claims case for my security deposit in Wisconsin?

File in Small Claims Court in the county where the rental property is located. The filing fee is approximately $94, and Wisconsin's small claims limit is $10,000. No lawyer is required. Bring your lease, move-out documentation, and any written communications with your landlord.

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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation. This information is based on Wis. Admin. Code ATCP § 134.06 as of 2026. Laws change. Verify current statutes at your state legislature's website.