Wisconsin Security Deposit Law: Limits, Deadlines, and Penalties
What Wisconsin landlords can charge, when deposits must be returned, and what it costs to get it wrong. Last reviewed 2026-08-12.
How much can a landlord charge in Wisconsin?
Wisconsin sets no cap on residential security deposits. The amount is whatever the rental agreement specifies, with one month's rent typical.
Pet deposits are treated as part of the security deposit with no statutory limit, and they are subject to the same 21-day return and itemization rules.
When must the deposit be returned?
The landlord must deliver or mail the deposit, less lawful deductions, within 21 days. The clock runs from the lease termination date if the tenant vacates on time; if the tenant vacates early or is evicted, from the termination date or the date a new tenancy begins, whichever is first; and if the tenant leaves after the lease ends, from the date the landlord learns the tenant vacated.
If any amount is withheld, the landlord must deliver or mail a written statement accounting for each item deducted and the amount, within the same 21 days (Wis. Admin. Code ATCP 134.06(4)).
What happens if a landlord misses the deadline?
Violations of ATCP 134's deposit rules are unfair trade practices: a tenant who suffers pecuniary loss can sue for twice the amount wrongfully withheld plus costs and reasonable attorney fees. Intentional violations can also draw civil forfeitures or criminal penalties under the trade practice statutes.
Interest and holding requirements
Wisconsin does not require landlords to pay interest on security deposits.
No statutory requirement. Wisconsin does not require deposits to be held in a separate or interest-bearing account.
What Wisconsin landlords get wrong
Wisconsin regulates deposits through both the statutes and the consumer protection code (ATCP 134), and the consumer code has teeth: double damages plus attorney fees for wrongful withholding. Before collecting a deposit you must give the tenant at least 7 days to inspect and document defects, and tell the tenant they may request a statement of deductions charged to the previous tenant. Deductions beyond damage, unpaid rent, and unpaid utilities are only allowed if the tenant separately signed a Nonstandard Rental Provisions document — a generic lease clause is not enough. Normal wear and tear, including routine carpet cleaning, cannot be withheld.
The law itself
Frequently asked questions
How long does a landlord have to return a security deposit in Wisconsin?
21 days. If you move out when your lease ends, the clock starts on the lease termination date; if you leave early, it starts on your termination date or when a new tenant's lease begins, whichever is first; if you stay past the lease end, it starts when the landlord learns you left. The refund and any itemized deduction statement go to your last known address.
Can a Wisconsin tenant get double damages for a withheld deposit?
Yes. Wrongfully withholding a deposit violates ATCP 134, Wisconsin's residential rental practices code, and Wis. Stat. § 100.20(5) lets you sue for twice the amount wrongfully withheld plus court costs and reasonable attorney fees. That doubling makes even small deposit disputes worth pursuing in small claims court, and it gives landlords a strong incentive to refund on time.
What can a landlord deduct from a security deposit in Wisconsin?
Tenant damage, waste, or neglect of the premises; unpaid rent; unpaid utilities or mobile-home fees owed under the agreement; and nothing else unless you signed a separate Nonstandard Rental Provisions document authorizing the specific deduction. Normal wear and tear — including routine carpet cleaning at move-out — cannot be withheld. Every withheld dollar must appear on a written itemized statement delivered within 21 days.
Is there a limit on security deposits in Wisconsin?
No. Wisconsin has no statutory cap on deposit amounts and no interest requirement. But the collection process is regulated: the landlord must let you inspect the unit for at least 7 days after move-in to document pre-existing damage, and must tell you that you can request a list of deductions charged to the prior tenant. Documenting move-in condition protects your deposit at move-out.
Keep reading
Deposit deadlines are easy to miss — until they cost you triple.
Vantric tracks your leases, deposits, and move-out dates in one place, built for landlords with 1–10 units.
Start Free TrialThis page is general information, not legal advice. Statutes change — verify against the official text linked above or consult a local attorney before acting.