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Wisconsin security deposit: 21 days to get it back

The landlord must deliver or mail the deposit, less lawful withholdings, within 21 days after the rental agreement ends if the tenant leaves by then. If the tenant leaves or is removed early, the 21 days run from the termination date or when a new tenant's tenancy begins, if sooner. If the tenant leaves late, from when the landlord learns of it.

What the law requires

Itemized statement
If anything is withheld, the landlord must deliver or mail a written statement accounting for all amounts withheld within the same 21 days, describing each item of damage or other claim and the amount withheld for each. No withholding for normal wear and tear (including routine painting and carpet cleaning). Nonstandard charges must be in a separate 'NONSTANDARD RENTAL PROVISIONS' document.
Forwarding address
Not required to start the clock, but the tenant should leave one. A landlord who otherwise complies is not in violation solely because the postal service could not complete delivery to the tenant's last known address.
If the landlord breaks the rules
A tenant harmed by a violation of the deposit rules (ATCP 134) may sue and recover twice the amount of the pecuniary loss, plus costs and reasonable attorney fees (Wis. Stat. § 100.20(5)). Landlords may also face enforcement by the state consumer-protection agency or a district attorney.
Deposit cap
No statewide cap found. State guidance treats any payment above one month's prepaid rent as a security deposit.
Small claims limit
$10,000 in Circuit Court, Small Claims

If your landlord misses the deadline

  1. Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
  2. Send a written demand by certified mail, keep the receipt, and cite Wis. Admin. Code ATCP 134.06 and Wis. Stat. § 704.28. Give a date to respond.
  3. If you still aren't paid, file in Circuit Court, Small Claims. Deposit claims up to $10,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a Wisconsin demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under Wis. Admin. Code ATCP 134.06 and Wis. Stat. § 704.28, the time allowed for returning my deposit and sending any required itemized statement has passed. [Confirm the exact deadline in the statute and add it here.]

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in Wisconsin have to return a security deposit?

The landlord must deliver or mail the deposit, less lawful withholdings, within 21 days after the rental agreement ends if the tenant leaves by then. If the tenant leaves or is removed early, the 21 days run from the termination date or when a new tenant's tenancy begins, if sooner. If the tenant leaves late, from when the landlord learns of it.

What happens if a Wisconsin landlord keeps the deposit wrongfully?

A tenant harmed by a violation of the deposit rules (ATCP 134) may sue and recover twice the amount of the pecuniary loss, plus costs and reasonable attorney fees (Wis. Stat. § 100.20(5)). Landlords may also face enforcement by the state consumer-protection agency or a district attorney.

Do I have to give my Wisconsin landlord a forwarding address?

Not required to start the clock, but the tenant should leave one. A landlord who otherwise complies is not in violation solely because the postal service could not complete delivery to the tenant's last known address.

Where do I sue for my deposit in Wisconsin?

Deposit claims up to $10,000 can be filed in Circuit Court, Small Claims. Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.