Wisconsin security deposit rules
Wisconsin sets no statutory limit on the size of a security deposit. The deposit must be returned full deposit less itemized withholdings delivered or mailed within 21 days after the tenant surrenders the premises (or, if the tenant vacates before the lease ends, within 21 days after the lease ends or a new tenant moves in). No interest is owed on the deposit under state law.
What the law requires
No statutory limit. Returned Full deposit less itemized withholdings delivered or mailed within 21 days after the tenant surrenders the premises (or, if the tenant vacates before the lease ends, within 21 days after the lease ends or a new tenant moves in). Withholding for normal wear and tear is prohibited; nonstandard withholding provisions must be in a separate signed document. Violations are unfair trade practices allowing double damages and fees (§ 100.20). Text read via Wayback copy of the official docs.legis.wisconsin.gov page (2023-24 statutes current through 2025 Act 103, published 2026-04-03).
- Deductions: unpaid rent and damage beyond normal wear and tear, itemised in writing. Cleaning and repainting after ordinary use are normal wear in most states.
- Deadline: the 21-day clock usually starts when the tenant moves out and, in many states, when a forwarding address is provided. Missing it typically forfeits the landlord’s right to keep any of the deposit and can add statutory damages.
- Interest: none required under state law. Cities in some no-interest states have their own ordinances, so check the municipal code where you rent.
Move-out checklist
- Give written notice of the move-out date and a forwarding address; many deadlines only start when the landlord has the address.
- Photograph every room after cleaning, with a timestamp. Request a joint inspection where the state allows one.
- If the deadline passes, send a written demand citing Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06. Small-claims court handles deposit disputes in every state and most cap the claim well above a typical deposit.
Related Wisconsin rules
- Late fees: No statutory cap or grace period for residential late fees in Wisconsin; the lease controls (ATCP 134 requires fees to be disclosed in the rental agreement). Late fee calculator.
- Notice to end a tenancy: At least 28 days' written notice by either party for month-to-month (notice equal to the rent period if rent is paid more often than monthly; 90 days for agricultural year-to-year) Nonpayment: 5-day notice to pay or vacate for month-to-month tenants and leases of one year or less; a landlord may instead give a month-to-month tenant a 14-day unconditional notice to vacate, and a repeat default within a year under a lease of one year or less allows a 14-day notice. Notice calculator.
- All rules on one page: Wisconsin landlord and tenant law.
Frequently asked questions
How much can a landlord charge for a security deposit in Wisconsin?
There is no statutory cap in Wisconsin; the market and the lease decide. Withholding for normal wear and tear is prohibited; nonstandard withholding provisions must be in a separate signed document. Violations are unfair trade practices allowing double damages and fees (§ 100.20). Text read via Wayback copy of the official docs.legis.wisconsin.gov page (2023-24 statutes current through 2025 Act 103, published 2026-04-03).
How long does a landlord have to return a security deposit in Wisconsin?
Full deposit less itemized withholdings delivered or mailed within 21 days after the tenant surrenders the premises (or, if the tenant vacates before the lease ends, within 21 days after the lease ends or a new tenant moves in). The statute is Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06.
Does a Wisconsin landlord have to pay interest on the security deposit?
No. Wisconsin law does not require interest on residential security deposits.