Wisconsin Security Deposit Laws: Tenant Protections & Rules

Renting a home in Wisconsin carries rights and responsibilities for both tenants and landlords. One area many renters have questions about is the security deposit—how much can be charged, when it must be returned, and what happens if there are deductions. Wisconsin’s laws and regulations are clear about your protections regarding security deposits, helping ensure a fair process for renters throughout the state.

Wisconsin Security Deposit Basics

In Wisconsin, landlords commonly require a security deposit to protect against unpaid rent or damages beyond normal wear and tear. State law governs how much can be charged, what happens to the money during your tenancy, and your rights when you move out.

• Maximum amount: There is no legal maximum, but the amount must be reasonable and stated in your rental agreement.
• Separate account: Landlords are not legally required to keep security deposits in a separate bank account, but deposits cannot be used for reasons other than outlined by law.
• Written receipt: If you pay your deposit in cash, the landlord must provide a written receipt.

You can read Wisconsin's security deposit statutes in Wisconsin Statutes Section 704.28 and the administrative regulations in Wisconsin Administrative Code ATCP 134.06.^[1][2]

When Can a Security Deposit Be Withheld?

Your landlord can only make deductions from your security deposit for specific reasons, such as:

• Unpaid rent or utilities owed under your lease
• Damages beyond normal wear and tear
• Costs due to breach of lease (if allowed by your agreement)

Landlords cannot deduct for routine cleaning or ordinary wear. If deductions are made, the landlord must provide a written statement itemizing each deduction and the dollar amount.

Security Deposit Return Timeline

Wisconsin law requires your landlord to return your security deposit—plus any required accounting—within 21 days after you move out, or (if you move before your lease is up) within 21 days after the next tenant begins a lease. If parts of your deposit are being kept, you must be given a detailed, written explanation within this timeline.^[1][2]

If Your Security Deposit Is Not Returned or There’s a Dispute

If you don’t receive your deposit or a written statement within 21 days, you can contact your landlord in writing to request it. If that doesn’t resolve the issue, you may be able to file a complaint or pursue legal action.

Official Forms for Renters

• Notice of Move-Out and Address for Deposit Return (No official numbered form): Send your landlord written notice (letter or email) with your forwarding address before moving out. This helps ensure your deposit can be returned to the correct place. See guidance from the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) guide.
• Small Claims Summons and Complaint (SC-500): If your landlord doesn’t return your deposit, you may file a small claims action using the Small Claims Summons and Complaint (SC-500). File this in your circuit court to recover your deposit plus potential damages. Example: If no deposit is returned after multiple requests, file using this form.
• Consumer Complaint Form: For unresolved disputes, you can also file a complaint with Wisconsin DATCP. Use the File a Consumer Complaint link. For example, dispute over unlawful deduction or delayed return.

Who Handles Rental Disputes in Wisconsin?

Rental disputes—including security deposit issues—are overseen by the Wisconsin Circuit Courts (for small claims) and the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Landlord-Tenant Resource Center. DATCP provides information and complaint assistance, while circuit courts handle formal legal claims.

FAQ: Wisconsin Renters’ Security Deposit Rights

1. How long does my landlord have to return my security deposit in Wisconsin?
   Landlords must return the deposit (or written explanation for deductions) within 21 days after you move out.
2. What should I do if my landlord keeps my deposit for normal wear and tear?
   Document the situation and write to your landlord explaining Wisconsin law prohibits deductions for normal wear. If unresolved, you may file a complaint with DATCP or pursue a small claims action.
3. Can a landlord charge more than one month’s rent as a deposit?
   Wisconsin law doesn’t set a limit on the deposit amount, but it must be stated clearly in your lease and not be excessive or discriminatory.
4. What if I didn’t give my forwarding address before moving?
   Your landlord is still required to make a reasonable effort to send your deposit, but providing a forwarding address in writing is strongly recommended for timely return.
5. Where do I get more help if my landlord won’t return my deposit?
   Contact the Wisconsin DATCP Landlord-Tenant Resource Center or your local circuit court for guidance and forms.

Need Help? Resources for Renters

• Wisconsin DATCP Landlord-Tenant Guide — Read official guidance on security deposits and other tenant rights.
• File a Consumer Complaint — Submit an official complaint with DATCP.
• Wisconsin Circuit Courts — File small claims for deposit disputes.
• For legal advice, consider contacting civil legal aid services such as Legal Action of Wisconsin or Judicare Legal Aid.

---

1. Wisconsin Statutes Section 704.28 – Return of security deposits
2. Wisconsin Administrative Code ATCP 134.06 – Security Deposits
3. Wisconsin DATCP Landlord-Tenant Guide

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations