Wisconsin Security Deposit Return Deadline
- Penalty for missing it
- 2x (twice the deposit) (failure to return or account — up to 2x the amount wrongfully withheld plus reasonable attorney's fees (Wis. Stat. §704.95; ATCP 134.06(4)))
- The law
- Wis. Admin. Code ATCP 134.06; Wis. Stat. §704.95
The rule
21 days after the tenant vacates (or after the end of the rental agreement, if the tenant stays). Landlord must provide an itemized statement of deductions (ATCP 134.06(2)).
- No deposit cap under state law.
- Landlord must give the tenant 7 days' notice before deducting for damage found after move-out in some cases — check the administrative code.
- Wisconsin small claims: $10,000.
What happens if your landlord misses the deadline
In Wisconsin, a missed deadline seriously weakens your landlord's position. Depending on the circumstances, they may forfeit the right to deduct anything at all, owe you the penalty above, or both. The exact consequence depends on Wis. Admin. Code ATCP 134.06; Wis. Stat. §704.95 and whether they provided the required itemized statement. Don't assume the money is gone — a missed deadline is often the strongest fact pattern for getting it back.
Your next steps in Wisconsin
- Confirm the clock ran. Make sure you provided a forwarding address in writing, and that the full deadline has passed.
- Send a demand letter citing Wis. Admin. Code ATCP 134.06; Wis. Stat. §704.95 and the 2x (twice the deposit) penalty. Most landlords pay at this stage.
- If they ignore it, file in small claims. See our walkthrough for the process.
Wisconsin deposit questions
How long does my Wisconsin landlord have to return my deposit?
21 days after the tenant vacates (or after the end of the rental agreement, if the tenant stays). Landlord must provide an itemized statement of deductions (ATCP 134.06(2)).
What if my landlord never sends an itemized list of deductions?
In most states — including Wisconsin — failing to provide the required itemized statement within the deadline forfeits the landlord's right to withhold anything. Check Wis. Admin. Code ATCP 134.06; Wis. Stat. §704.95 for the exact rule.
Can I get more than my deposit back in Wisconsin?
Wisconsin law allows 2x (twice the deposit) for failure to return or account — up to 2x the amount wrongfully withheld plus reasonable attorney's fees (Wis. Stat. §704.95; ATCP 134.06(4)). See our penalties guide for how judges apply this.
Verified 2026-10-09 against statute text.