Renters' Rights · Security Deposit
Security Deposit Laws in Wisconsin
The most a landlord can charge, how long they have to return it, and what it costs them to keep your money without cause in Wisconsin.
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What your landlord can hold, and when it's due back
Enter your rent for the Wisconsin maximum, plus the return-deadline clock.
Estimate only, based on Wisconsin's statutory cap. Your lease may set a lower deposit, and local ordinances can be stricter. Not legal advice.
The full rules, with the statute
Every requirement and where it comes from in the code.
Exceptions: Neither Wis. Stat. 704.28 nor Wis. Admin. Code ATCP 134.06 sets a maximum deposit. A landlord may require any amount agreed in the lease, so long as the practice is not discriminatory.
Penalties & recent changes
What happens if the landlord keeps your deposit wrongfully.
What Wisconsin renters get wrong
Wisconsin splits its security deposit rules between two places, and the important one is not the statute you would expect. The main withholding rule sits in Wis. Stat. 704.28, but the 21-day return deadline and the itemization requirement live in the administrative code at ATCP 134.06, a consumer protection regulation. A landlord must return your deposit, minus any lawful deductions, within 21 days after your lease ends and you move out, and must include a written statement listing every charge. There is no cap on how much a landlord can require up front. If a landlord breaks these rules, you can sue under Wis. Stat. 100.20(5) for double the amount wrongfully withheld plus your court costs and attorney fees. A landlord can only keep money for unpaid rent, tenant damage beyond normal wear and tear, and a few specific unpaid charges like utilities.
Common questions
How long does a landlord have to return my security deposit in Wisconsin?
21 days. Under Wis. Admin. Code ATCP 134.06(2), the landlord must deliver or mail your deposit, minus any lawful deductions, within 21 days after your lease ends and you hand back the unit. If you left early or were evicted, the 21 days generally runs from when the lease ended or, if the landlord re-rented sooner, from when the new tenant moved in.
Is there a limit on how much a landlord can charge for a deposit in Wisconsin?
No. Wisconsin sets no statutory cap on the security deposit amount. The landlord can require whatever the lease states, as long as the practice is not discriminatory. Neither Wis. Stat. 704.28 nor ATCP 134.06 imposes a ceiling.
What can I do if my Wisconsin landlord wrongfully keeps my deposit?
You can sue under Wis. Stat. 100.20(5) and recover double the amount wrongfully withheld, plus court costs and reasonable attorney fees. Because failing to follow ATCP 134.06 counts as an unfair trade practice, a landlord who intentionally withholds without the required written statement can also face criminal exposure. Send a written demand first and keep copies.
Does my Wisconsin landlord have to pay interest or use a separate account?
No to both. Wisconsin does not require interest on a security deposit, and state law removed the power of local governments to require it, so the answer is the same statewide. There is also no requirement to hold the deposit in a separate or escrow account, so the landlord can keep it wherever they choose.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.