What a Wisconsin landlord may deduct
Wisconsin sets no cap on the amount. Under § 704.28(1), the landlord may withhold only for:
- damage, waste or neglect caused by you, other than normal wear and tear;
- unpaid rent;
- certain utility and municipal charges you were responsible for;
- other amounts set out in a nonstandard rental provision.
ATCP 134.06 adds that the landlord may not charge for normal wear and tear. The rule's notes say this includes routine painting and carpet wear. Under the rule, rent paid in advance beyond one month is treated as a security deposit.
The NONSTANDARD RENTAL PROVISIONS document
A landlord that wants to deduct for anything beyond the statutory list, such as routine carpet cleaning, must put it in a separate written document titled "NONSTANDARD RENTAL PROVISIONS," and you must sign or initial it specifically. If it is not in that document, it cannot be deducted.
Check-in rights
When you move in, the landlord must give you at least 7 days to inspect the unit and record any existing damage. You may also ask for a list of the physical damages charged to the previous tenant's deposit.
21 days and the written statement
The landlord must return the deposit, or deliver a written statement accounting for every amount withheld, within 21 days. Under § 704.28(4), the 21 days start when the tenancy ends, when you vacate early, or, if the landlord rerents, when the new tenancy begins, depending on the situation.
Our calculator counts 21 days.
Steps to recover a Wisconsin deposit
- Use your 7-day check-in window to record existing damage.
- Check whether you signed a NONSTANDARD RENTAL PROVISIONS document.
- Leave a forwarding address and count 21 days.
- Demand any improper deduction in writing, citing ATCP 134.06 and § 100.20(5).
- If that fails, file a claim in small claims court.
Neighboring states
Minnesota also uses a 3-week deadline and adds interest. Illinois, Michigan and Iowa have their own deadlines and penalties.
Frequently asked questions
Is there a cap on security deposits in Wisconsin?
No. Wisconsin sets no maximum amount.
How long does a Wisconsin landlord have to return a deposit?
21 days, counted from the start date that applies under Wis. Stat. § 704.28(4).
Can a Wisconsin landlord charge for carpet cleaning?
Not for normal wear and tear. Routine cleaning can be deducted only if it appears in a signed NONSTANDARD RENTAL PROVISIONS document.
What is the penalty in Wisconsin?
Twice your pecuniary loss plus costs, including reasonable attorney's fees (Wis. Stat. § 100.20(5)).
Sources
- Wis. Stat. § 704.28 (Wisconsin Legislature)
- Wis. Admin. Code ATCP 134.06 (Wisconsin Legislature)
- Wis. Stat. § 100.20 (Wisconsin Legislature)
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.