Wisconsin Security Deposit Limits and Deadlines Explained

Understanding how security deposits work is a crucial part of renting in Wisconsin. If you’re a renter, knowing your rights regarding security deposit limits and return deadlines can help you avoid unnecessary disputes, save money, and ensure a smoother move-out process.

What Is a Security Deposit in Wisconsin?

A security deposit is money you pay to your landlord at the beginning of a lease to cover potential damages beyond normal wear and tear, unpaid rent, or other lease violations. In Wisconsin, the rules about how much landlords can request, how deposits must be handled, and how quickly they have to be returned are set by state law.

How Much Can a Landlord Charge for a Security Deposit?

Unlike some states, Wisconsin does not set a specific dollar limit on the amount a landlord may collect for a security deposit. However, the amount must be reasonable. Most landlords charge the equivalent of one to two months’ rent, but legally, a higher amount is allowed provided it is clearly stated in the rental agreement.

• Be sure your deposit amount is written in your lease.
• If you believe the deposit is excessive or unfair, contact Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)–Tenant Resources for help.

When Should Your Security Deposit Be Returned?

Wisconsin law sets clear rules for when your landlord must return your security deposit after you move out:

• Return Deadline: Landlords must return your security deposit, minus any lawful deductions, within 21 days after you move out and return the keys—whether the lease ends or you leave early.
• The deposit must be delivered to your last known address or as agreed in your lease.
• If any portion is withheld, your landlord must give you a written itemized list of deductions within the same 21-day period.

Common Reasons for Withholding a Security Deposit

• Unpaid rent or utility bills stated in your lease agreement
• Repairing damages beyond normal wear and tear
• In some cases, cleaning costs if the rental is left in unacceptable condition

If you disagree with any deduction, you have the right to challenge it. See below for steps on how to take action if your deposit isn’t returned on time or you dispute the deductions.

Official Forms and Practical Steps

• Security Deposit Withholding Statement (no standard government form number): If your landlord withholds any portion, they must provide you with an itemized statement listing each deduction. Save this document for your records; it’s valuable if you need to file a complaint or take legal action. Since there is no state-issued form, landlords typically write a letter following guidance from ATCP 134.06.
• Complaint to DATCP: If you believe your rights were violated—for example, your landlord failed to return your deposit within 21 days—you can file an official complaint using the DATCP Tenant Complaint Form. Complete the form and submit it as described. Example: “I moved out on June 1st and returned my keys, but my deposit was not returned or itemized within the required time.”

What If You Don't Get Your Deposit Back?

If your landlord doesn’t meet the 21-day deadline or withholds part of your deposit without explanation, you can:

• Send a written request for your deposit to the landlord (keep a copy for your records)
• If not resolved, file a complaint with DATCP
• As a final step, consider taking your case to your local Wisconsin Small Claims Court, especially for amounts $10,000 or less

For more information, see the Wisconsin Statutes Chapter 704 and Wisconsin Administrative Code ATCP 134.06.

FAQ

1. Can my landlord keep my full security deposit for cleaning or carpet replacement?
   Not unless you left damage well beyond normal wear and tear. Standard cleaning or minor carpet wear is considered normal use and not deductible.
2. How do I track if my landlord returned my deposit on time?
   Mark your move-out date, the day you return your keys, and check that you receive your deposit or a deduction statement within 21 days. Save all documents and emails as proof.
3. Is my deposit return affected if I move out before my lease ends?
   The same 21-day deadline applies. However, your landlord can deduct any unpaid rent that’s still due under your lease.
4. Where can I file a complaint if my security deposit isn’t returned?
   Start with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). Their official complaint form and instructions are available online.
5. Are there limits on how much my landlord can deduct for repairs?
   Landlords may only deduct actual costs for repairs caused by you or your guests. They cannot charge for improvements or things that would need fixing anyway from normal use.

Conclusion: Key Takeaways for Wisconsin Renters

• Wisconsin law does not set a dollar limit for security deposits, but requires fair handling and clear lease terms.
• Your landlord must return your deposit, minus lawful deductions and an itemized statement, within 21 days of move-out.
• If your deposit is withheld unfairly or late, you have the right to file a complaint and take legal action.

Review your lease, save records, and use state resources to protect your rights as a Wisconsin renter.

Need Help? Resources for Renters

• Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)—Landlord/Tenant Resources
  (Official state agency for rental disputes and complaints)
• Wisconsin Courts—Small Claims Filing Information
• DATCP Tenant Complaint Form (PDF)
• Wisconsin Statutes Chapter 704—Landlord and Tenant
• ATCP 134.06 – Security Deposit Regulation

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1. Wisconsin Statutes Chapter 704—Landlord and Tenant
2. Wisconsin Administrative Code ATCP 134.06—Security Deposits
3. Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)—Tenant Resources
4. Wisconsin Small Claims Court

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