How long does a landlord in Wisconsin have to return a security deposit?
21 calendar days after you move out
In plain terms, the statute says
Unusually, the penalty does not live in the landlord-tenant statute at all: Wis. Stat. § 704.28 sets the twenty-one-day deadline and says nothing about a remedy, and the itemized withholding statement is required only by Wis. Admin. Code ATCP 134.06(4), which is an order issued under Wis. Stat. § 100.20. Because it is such an order, § 100.20(5) applies, and any person suffering pecuniary loss from a violation recovers twice the amount of that loss together with costs including a reasonable attorney fee — a doubling that is strict, requiring only a violation and a loss, with no finding of bad faith or willfulness.
Who this covers
Wis. Stat. § 704.28(5) limits the statute to residential tenancies, and Wis. Admin. Code ATCP 134.01 — which is where the itemization duty and the penalty route live — excludes the rental or occupancy of a dwelling unit operated by a public or private institution where occupancy is incidental to detention or to medical, geriatric, educational, counseling, religious or similar services; a unit occupied by a member of the fraternal or social organization that operates it; a unit occupied by a purchaser under a contract of sale; a hotel, motel or boarding-house unit rented only by tourist or transient occupants; a unit provided free of charge or as consideration to an employee who operates or maintains the premises; a unit occupied by a tenant engaged in commercial agricultural operations on the premises; and a unit owned AND operated by government or a subdivision or agency of government.
Read the law yourself
Where are you in this?
Have you moved out?
Questions people ask
How long does a landlord in Wisconsin have to return a security deposit?
Wisconsin: 21 calendar days after you move out.
Who does Wisconsin's security-deposit law cover?
Wis. Stat. § 704.28(5) limits the statute to residential tenancies, and Wis. Admin. Code ATCP 134.01 — which is where the itemization duty and the penalty route live — excludes the rental or occupancy of a dwelling unit operated by a public or private institution where occupancy is incidental to detention or to medical, geriatric, educational, counseling, religious or similar services; a unit occupied by a member of the fraternal or social organization that operates it; a unit occupied by a purchaser under a contract of sale; a hotel, motel or boarding-house unit rented only by tourist or transient occupants; a unit provided free of charge or as consideration to an employee who operates or maintains the premises; a unit occupied by a tenant engaged in commercial agricultural operations on the premises; and a unit owned AND operated by government or a subdivision or agency of government.
What happens if a landlord in Wisconsin is late?
Unusually, the penalty does not live in the landlord-tenant statute at all: Wis. Stat. § 704.28 sets the twenty-one-day deadline and says nothing about a remedy, and the itemized withholding statement is required only by Wis. Admin. Code ATCP 134.06(4), which is an order issued under Wis. Stat. § 100.20. Because it is such an order, § 100.20(5) applies, and any person suffering pecuniary loss from a violation recovers twice the amount of that loss together with costs including a reasonable attorney fee — a doubling that is strict, requiring only a violation and a loss, with no finding of bad faith or willfulness.
Where can I read Wisconsin's security-deposit law?
Wisconsin's rule is in Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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