Wisconsin Security Deposit Law
Wisconsin rules on security deposits for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statutory cap on the amount of a security deposit. Wis. Admin. Code ATCP 134.06; Wis. Stat. § 704.28
The rules in Wisconsin
| Security deposit limit | No statutory cap on the amount of a security deposit. Rent prepaid beyond one month counts as a security deposit (ATCP 134.02(11)). |
|---|---|
| Deposit return deadline | 21 days. If the tenant leaves on the termination date, the clock starts on that date. If the tenant leaves or is evicted early, it starts on the termination date, or when a new tenancy begins if the landlord re-rents first. If the tenant leaves after the termination date, it starts when the landlord learns the tenant has left or been removed. The deposit may be delivered or mailed. A landlord who mails to the last known address is not in violation solely because the tenant left no forwarding address (ATCP 134.06(5)). |
| Itemized deductions | If anything is withheld, the landlord must give a written statement describing each item of damage or claim and the amount withheld for it, within the same 21-day deadline and by the same delivery method as the deposit. Normal wear and tear may never be deducted. Deductions not listed in § 704.28(1) are allowed only through a separate 'NONSTANDARD RENTAL PROVISIONS' document. Move-in: tenant gets a check-in sheet and 7 days to report existing damage (Wis. Stat. § 704.08; ATCP 134.06(1)(a)). On request, the landlord must list the damages charged to the prior tenant (ATCP 134.06(1)(b)). |
| Interest on deposits | Not required by state law. |
| Penalty for withholding | Twice the tenant's pecuniary loss, plus costs and reasonable attorney fees, for violations of ATCP 134 (including deposit rules). DATCP confirms 100.20(5) double damages apply to ATCP 134 violations (https://datcp.wi.gov/Pages/Publications/LT-TenantsRights143.aspx). Intentional violations may also carry criminal liability (State v. Lasecki annotation to § 704.28). |
Free calculators
- Security Deposit Deadline Calculator — See when your landlord must return your deposit, and the penalty your state sets if they don't.
Templates
Related questions
- How long does a landlord have to return a security deposit?
- How much can a landlord charge for a security deposit?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
Wisconsin vs. neighboring states
| State | Security deposit limit | Deposit return deadline | Itemized deductions |
|---|---|---|---|
| Wisconsin | No statutory cap on the amount of a security deposit. Wis. Admin. Code ATCP 134.06; Wis. Stat. § 704.28 | 21 days. If the tenant leaves on the termination date, the clock starts on that date. If the tenant leaves or is evicted early, it starts on the termination date, or when a new tenancy begins if the landlord re-rents first. If the tenant leaves after the termination date, it starts when the landlord learns the tenant has left or been removed. Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06(2) | If anything is withheld, the landlord must give a written statement describing each item of damage or claim and the amount withheld for it, within the same 21-day deadline and by the same delivery method as the deposit. Normal wear and tear may never be deducted. Deductions not listed in § 704.28(1) are allowed only through a separate 'NONSTANDARD RENTAL PROVISIONS' document. Wis. Admin. Code ATCP 134.06(3)-(4); Wis. Stat. § 704.28(1)-(2) |
| Illinois | No statewide legal limit on the amount of a security deposit. Illinois AG fact sheet 'Landlord and Tenant Rights and Laws' (01/24) | If the landlord withholds anything for damage, an itemized statement with estimated or actual repair costs and paid receipts is due within 30 days after the tenant vacates (or possession ends, whichever is later); if no statement is given, the full deposit must be returned within 45 days after the tenant vacates. 765 ILCS 710/1 | Itemized statement of damage with estimated or actual repair/replacement cost for each item, with paid receipts (or copies) attached, delivered within 30 days by personal delivery, postmarked mail, or email to a verified address; if estimates are used, paid receipts must follow within 30 days. If receipts are unavailable through no fault of the landlord, a verified statement explaining why is allowed. 765 ILCS 710/1(a)-(b) |
| Iowa | Two months' rent. Iowa Code § 562A.12(1) | Within 30 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the deposit or give a written statement of the specific reasons for withholding. If no address is provided within one year, the deposit reverts to the landlord. Iowa Code § 562A.12(3)-(4) | Written statement showing the specific reason for withholding any portion; if withheld for restoration, it must specify the nature of the damages. Allowed deductions: unpaid rent or other funds due under the lease, restoring the unit to move-in condition (ordinary wear and tear excepted), and costs of recovering possession from a tenant who fails in bad faith to vacate. Landlord bears the burden of proof. Iowa Code § 562A.12(3) |
| Michigan | 1.5 months' rent MCL 554.602 | 30 days after the tenant's occupancy ends: landlord must mail an itemized notice of damages with the balance, or return the full deposit. If the landlord wants to keep any disputed amount it must sue within 45 days after termination of occupancy. MCL 554.609; MCL 554.610; MCL 554.613 | Itemized notice of damages, mailed within 30 days after occupancy ends, listing each claimed damage, the estimated cost of repair for each item, and the amounts and bases for the charges, plus payment of any balance. Must include a bold notice (12-point boldface, at least 4 points larger than body text) that the tenant must respond by mail within 7 days or forfeit the amount claimed. MCL 554.609; MCL 554.612; MCL 554.608 |
| Minnesota | No statewide cap on the amount of a security deposit. Minn. Stat. § 504B.178 | Within three weeks after the tenancy ends (and after the landlord receives the tenant's mailing address or delivery instructions), return the deposit with interest or give a written statement of reasons for withholding. Within 5 days if the tenant must leave because the building is legally condemned (unless the tenant's own willful, malicious, or irresponsible conduct caused it). Minn. Stat. § 504B.178, subd. 3 | If any amount is withheld, the landlord must give a written statement showing the specific reason for the withholding. Deductions are limited to amounts reasonably necessary to cover rent or other payment defaults by the tenant, or to restore the unit to its move-in condition, ordinary wear and tear excepted. Minn. Stat. § 504B.178, subd. 3 |
City rules that may add to state law
More Wisconsin rental law
- Wisconsin Eviction Laws
- Wisconsin Notice to Vacate Rules
- Landlord Entry Rules in Wisconsin
- Wisconsin Repairs & Tenant Remedies
- Wisconsin Rent Increase & Late Fee Laws
- Breaking a Lease in Wisconsin
- Squatters' Rights in Wisconsin
- Wisconsin Rental Fee Rules
- Wisconsin Section 8, Records & Right to Counsel
- Wisconsin Mold, Pests, Heat & AC Rules
- Wisconsin Privacy, Guests & Animal Rules
- Wisconsin Landlord Selling the House
- Wisconsin Lockouts, Utility Shutoffs & Retaliation
- Wisconsin Subletting, Lease Endings & Tenant Death
- All Wisconsin landlord-tenant rules
- Free legal help in Wisconsin
Compare security deposits in all 50 states and DC →
Wisconsin Security Deposit Law FAQ
How much can a landlord charge for a security deposit in Wisconsin?
No statutory cap on the amount of a security deposit. (Wis. Admin. Code ATCP 134.06; Wis. Stat. § 704.28)
How long does a landlord have to return a security deposit in Wisconsin?
21 days. If the tenant leaves on the termination date, the clock starts on that date. If the tenant leaves or is evicted early, it starts on the termination date, or when a new tenancy begins if the landlord re-rents first. If the tenant leaves after the termination date, it starts when the landlord learns the tenant has left or been removed. (Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06(2))
Does a landlord in Wisconsin have to give an itemized list of deposit deductions?
If anything is withheld, the landlord must give a written statement describing each item of damage or claim and the amount withheld for it, within the same 21-day deadline and by the same delivery method as the deposit. Normal wear and tear may never be deducted. Deductions not listed in § 704.28(1) are allowed only through a separate 'NONSTANDARD RENTAL PROVISIONS' document. (Wis. Admin. Code ATCP 134.06(3)-(4); Wis. Stat. § 704.28(1)-(2))
Does a landlord have to pay interest on a security deposit in Wisconsin?
Not required by state law. (DATCP, Tenants' Rights and Responsibilities)
What happens if a landlord in Wisconsin wrongfully keeps a security deposit?
Twice the tenant's pecuniary loss, plus costs and reasonable attorney fees, for violations of ATCP 134 (including deposit rules). (Wis. Stat. § 100.20(5); Wis. Stat. § 704.95)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.