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Wisconsin Security Deposit Law, in Plain English

Wisconsin's deposit rules aren't in a statute — they're in a consumer-protection regulation, ATCP 134, enforced by a double-damages law with mandatory attorney's fees. It hands tenants a check-in window to document existing damage, bars routine carpet-cleaning charges, and gives landlords 21 days to account for every dollar. Here's how ATCP 134.06 actually works, for both sides of the lease.

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21 daysDeadline after surrender (or lease termination / re-rental for early departures) to return the deposit with an itemized statement
No capWisconsin sets no limit on deposit size
7 daysThe minimum window the tenant gets after move-in to inspect and report preexisting damage
0Routine carpet cleaning or painting charges allowed without unusual tenant-caused damage
2x + feesDouble the amount wrongfully withheld, plus costs and a mandatory attorney's fee (Wis. Stat. § 100.20(5))

No cap, no interest — the rules are about what happens next

Wisconsin sets no limit on deposit size and requires no interest. Everything ATCP 134 has to say about deposits concerns how they're documented, what they can be used for, and how fast they come back.

Seven days to report what was already broken — and it can't be charged to you later

Before accepting a deposit, the landlord must notify the tenant in writing that the tenant may inspect the unit and report preexisting damage or defects within not less than 7 days after the tenancy begins. Damage the tenant reports on that check-in sheet cannot be charged against the deposit at move-out. The regulation adds a rarely used tool: on request, the landlord must provide the list of damage charged to the previous tenant's deposit — within 30 days of the request, or 7 days after notifying the prior tenant, whichever is later. If the last tenant was billed for the carpet, it's worth knowing before you're billed for it too. The check-in sheet is the tenant's document, and it's only as good as what's on it. "Some scratches" loses in court; a dated photo of the scratches with the sheet attached doesn't.

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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Wisconsin law or a particular result in a deposit dispute.

A short list — and a ban on routine carpet cleaning

ATCP 134.06(3) permits withholding for: tenant damage, waste, or neglect; unpaid rent; unpaid utility charges the tenant owes; certain unpaid municipal utility or permit charges; and any other reason stated in a Nonstandard Rental Provision — a separate document, titled exactly that, which the landlord specifically identifies and the tenant signs or initials. A withholding reason buried in the lease body doesn't count. Normal wear and tear is never chargeable. And the regulation names the two most common overreaches directly: a landlord may not withhold for routine painting or carpet cleaning where there's no unusual damage caused by tenant abuse. A "tenant pays carpet cleaning" clause doesn't override that.

After move-out: 21 days, itemized down to the dollar

Within 21 days after the tenant surrenders the premises at the end of the lease, the landlord must deliver or mail the deposit, less lawful withholdings, to the tenant's last known address. For an early departure, the 21 days run from the date the rental agreement terminates or the date a new tenant moves in, whichever comes first — a re-rented unit can't sit on a deposit. If anything is withheld, a written statement must account for all amounts withheld, describing each item of damage or other claim and the amount kept as reasonable compensation for it. Wisconsin courts have treated a missing or late statement as wrongful withholding of the entire deposit — the itemization isn't a courtesy, it's the condition for keeping anything.

When it goes wrong: double damages, and the landlord pays your lawyer

ATCP 134 is enforced through Wis. Stat. § 100.20(5): anyone who suffers pecuniary loss from a violation of a consumer-protection order — and a wrongfully withheld deposit is exactly that — recovers twice the amount of the loss, plus costs and a reasonable attorney's fee. The fee award is mandatory on a winning claim, which is why Wisconsin tenant attorneys take deposit cases that would be uneconomic elsewhere. Disputes go to small claims court in the county circuit court, for claims up to $10,000 — informal and inexpensive, and the doubled award plus fees can exceed the limit. The winning file: the lease and any nonstandard rental provisions, the check-in sheet, the 21-day statement or proof none arrived, and dated room-by-room photos from both ends of the tenancy.

Sources and official texts

The official sources for this guide are Wis. Admin. Code § ATCP 134.06; Wis. Stat. §§ 100.20 and 704.28; the Wisconsin Guide to Small Claims Court; and the Tenant Resource Center's plain-language security-deposit guide.

Frequently asked questions

How long does a landlord have to return a security deposit in Wisconsin?

21 days after you vacate at the end of the lease. If you leave early, it's 21 days after your rental agreement terminates or a new tenant moves in, whichever comes first. Within that window the landlord must deliver or mail the deposit, minus any lawful withholdings, and a written itemized statement for anything kept.

How much can a landlord charge for a security deposit in Wisconsin?

There's no statutory cap and no interest requirement. What Wisconsin regulates tightly is what happens to the deposit afterward.

What is the Wisconsin check-in sheet?

Before taking a deposit, the landlord must tell you in writing that you have at least 7 days after your tenancy starts to inspect the unit and report existing damage or defects. Anything you report can't be charged to you later. You can also ask for the list of damage charged to the previous tenant's deposit — the landlord must provide it. Fill out the sheet, keep a copy, and back it with dated photos.

What can a landlord deduct from a deposit in Wisconsin?

Damage, waste, or neglect you caused; unpaid rent; unpaid utility charges you owe; certain municipal charges; and any other reason stated in a separate Nonstandard Rental Provisions document you signed. Never normal wear and tear — and never routine painting or carpet cleaning unless there's unusual damage from abuse.

Can my landlord charge me for carpet cleaning in Wisconsin?

Not for routine carpet cleaning. ATCP 134.06(3)(c) bars withholding for routine painting or carpet cleaning where there's no unusual damage caused by tenant abuse. A lease clause saying 'tenant pays for carpet cleaning' doesn't change that unless it's in a signed nonstandard rental provision and the carpet was actually abused.

What happens if the landlord wrongfully keeps money or skips the itemized statement?

Under Wis. Stat. § 100.20(5), you can recover twice the amount wrongfully withheld, plus court costs and a reasonable attorney's fee — and the fee award is mandatory when you win. Wisconsin courts treat a missing or late statement as wrongful withholding of the entire deposit.

What is a Nonstandard Rental Provision?

A separate document, titled 'NONSTANDARD RENTAL PROVISIONS,' that the landlord specifically points out and you sign or initial. It's the only way a landlord can add withholding reasons beyond the statutory list. Anything buried in the main lease doesn't qualify.

Where do deposit disputes go in Wisconsin?

Small claims court in the county circuit court, for claims up to $10,000 — informal and inexpensive. Bring the lease and any nonstandard rental provisions, your check-in sheet, the 21-day statement or proof none arrived, and dated move-in and move-out photos.

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Done at the door, not at your desk
One link for everyone. No account, no app.
Dated, room-by-room proof for when the deposit is due

First inspection free, then $0.99. No subscription.

Start an inspection See a sample report

PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Wisconsin law or a particular result in a deposit dispute.

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