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Deposits

Security deposit law in Wisconsin

Wisconsin's cap, return deadline, itemization rule, and wrongful-withholding penalty, with the controlling statute linked.

4 min read

Short answer

Wisconsin sets no statutory limit on the security deposit a landlord may collect, and the deposit must be returned within 21 days. Wrongful withholding exposure is double damages plus attorney fees. The controlling text is Wis. Stat. § 704.28 / ATCP 134, verified July 2026; confirm the current statute before acting, since legislatures amend deposit law and cities layer stricter rules on top.

No statutory limit. The return rule is 21 days. The controlling text is Wis. Stat. § 704.28 / ATCP 134.

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Wisconsin's return deadline

21 days.

You have 21 days after the tenancy ends to return the deposit or deliver a written itemized statement of any deductions with the balance. The clock runs from the end of the tenancy or the date the tenant surrenders the unit.

The itemized statement rule

A written itemized statement of each deduction is required within 21 days, and withholding for ordinary wear or routine painting is not allowed. A deduction not itemized is not enforceable.

Account and interest rules

Wisconsin sets no separate-account or interest requirement, but the administrative code governs what you may deduct and requires the itemized statement.

Exposure for wrongful withholding

Double damages plus attorney fees.

A landlord who wrongfully withholds can be liable for double the amount wrongfully withheld plus attorney fees under the state's consumer-protection rules. The 21-day itemized statement and the limits on deductible items are both strict.

Wisconsin has no statutory deposit maximum

No statutory limit.

Compare Wisconsin with neighboring states

  • Minnesota: no statutory limit; return rule: 21 days.
  • Iowa: two months' rent; return rule: 30 days.
  • Illinois: no statutory limit; return rule: 30 or 45 days.
  • Michigan: one and a half months' rent; return rule: 30 days.

Verified against Wis. Stat. § 704.28 / ATCP 134 and official state sources in July 2026. Before withholding money, check the current statute text or ask a local landlord-tenant attorney. General information, not legal advice.

Questions landlords actually ask

Does Wisconsin cap residential security deposits?
No statutory limit
What is the security deposit return deadline in Wisconsin?
21 days. You have 21 days after the tenancy ends to return the deposit or deliver a written itemized statement of any deductions with the balance. The clock runs from the end of the tenancy or the date the tenant surrenders the unit.
What itemization does Wisconsin require?
A written itemized statement of each deduction is required within 21 days, and withholding for ordinary wear or routine painting is not allowed. A deduction not itemized is not enforceable.
What is the wrongful-withholding exposure in Wisconsin?
Double damages plus attorney fees. A landlord who wrongfully withholds can be liable for double the amount wrongfully withheld plus attorney fees under the state's consumer-protection rules. The 21-day itemized statement and the limits on deductible items are both strict.