Wisconsin Security Deposit Laws: How Renters Can Get Their Full Deposit Back

Getting your security deposit back at the end of your lease is a major concern for many Wisconsin renters. Understanding your rights and responsibilities under current Wisconsin law can help ensure you receive your full deposit quickly and fairly. This guide breaks down essential steps, important forms, deadlines, and where to turn if you have trouble recovering your deposit after moving out.

Understanding Security Deposits in Wisconsin

In Wisconsin, landlords may collect a security deposit when you sign a rental agreement. This money is held to cover any unpaid rent, damages beyond normal wear and tear, or costs detailed in your lease. Knowing how deposits are handled can help you avoid disputes at move-out.

What Wisconsin Law Says

• Landlords must return your security deposit within 21 days after you move out.
• They can only keep money for unpaid rent, damages (not including normal wear and tear), or actual costs related to lease violations.
• Your landlord must give you a written, itemized list if they withhold any amount.

The state agency that oversees rental housing disputes is the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).

The rules about deposits are found in Wisconsin Administrative Code ATCP 134.06 and Wisconsin Statutes § 704.28.¹

Steps to Get Your Full Security Deposit Back

Careful planning and good communication with your landlord can greatly improve your chances of getting your full deposit returned.

• Give Proper Notice: Make sure you notify your landlord in writing before moving out, according to your lease terms.
• Do a Walk-Through: Request a walk-through inspection with your landlord before leaving. Take photos of every room after cleaning.
• Clean and Repair: Clean the unit thoroughly and fix any minor issues you caused. Keep receipts for any work or cleaning you pay for.
• Provide Forwarding Address: Wisconsin law requires you to give your landlord a new mailing address, so your deposit can be returned.
• Return All Keys: Hand over all keys promptly to avoid additional charges.

What to Do If Your Deposit Isn’t Returned

If your landlord withholds your deposit without a valid reason or does not return it within 21 days, you have options:

• First, contact your landlord in writing and request an explanation of any amounts withheld.
• If not resolved, file a complaint with DATCP.
• You may also take legal action in small claims court if necessary.

Official Wisconsin Forms for Security Deposit Issues

While Wisconsin does not have a single required “security deposit return” form for tenants, certain forms and processes help protect your rights.

• DATCP Consumer Complaint Form
  When to use: If your landlord does not return your deposit on time or you believe wrongful deductions were made, use this form to file an official complaint with the Wisconsin DATCP.
  How to use: Complete the online or printable form, provide documentation, and submit it directly to DATCP. Find the form here: Consumer Complaint Form.
• Small Claims Summons and Complaint (SC-500)
  When to use: If DATCP cannot resolve your issue or you wish to recover the deposit directly, file this form to start a small claims lawsuit against your landlord.
  How to use: Complete the SC-500 form, then file it with the clerk of court in the county where the property is located.

Where to Get Help

If you need support, the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) provides guidance and processes landlord-tenant complaints. Learn more on their Landlord-Tenant Resources page.

FAQ: Wisconsin Security Deposit Return

1. How long does my landlord have to return my security deposit in Wisconsin?
   Wisconsin law requires your landlord to return your deposit within 21 days of your move-out date or lease end, whichever is later.
2. Can my landlord keep my deposit for cleaning?
   Your landlord can only withhold for cleaning if the condition exceeds "normal wear and tear" or if another written agreement requires extra cleaning.
3. What if I didn’t provide my forwarding address?
   You must provide your forwarding address in writing; otherwise, your landlord may send the deposit to your last known address or delay the return.
4. What can I do if my landlord won't return my deposit?
   File a complaint with Wisconsin DATCP or take court action using official forms if your deposit isn't returned or you dispute deductions.
5. Do I have to be present for a move-out inspection?
   No, but it's wise to attend or document your apartment's condition with photos to help protect your interests.

Conclusion: Key Steps for a Full Deposit Return

• Document your apartment’s condition with photos and written records when moving out.
• Give your landlord a written forwarding address and return all keys promptly.
• If issues arise, use Wisconsin’s official complaint form or small claims court process to enforce your rights.

By staying organized and following the correct steps, you can help ensure you get your security deposit back in full.

Need Help? Resources for Renters

• Wisconsin DATCP Landlord-Tenant Resources: State rules, complaint forms, and guidance
• File a Consumer Complaint with DATCP
• Wisconsin Court System Self-Help: Small claims instructions and forms
• Wisconsin State Bar: Landlord-Tenant Law Info

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1. Wisconsin Administrative Code ATCP 134.06: Security Deposits and Wisconsin Statutes § 704.28: Return of Security Deposit.
2. Wisconsin DATCP - Residential Tenancies

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