Wisconsin Security Deposit Law (2026)
Under Wis. Stat. § 704.28, landlords in Wisconsin have a strict deadline of 21 calendar days to return your security deposit. Wrongful bad-faith retention entitles tenants to recover up to Up to 2× deposit amount.
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Statutory 21-day return deadline under Wis. Stat. § 704.28.
Statutory deadlines begin the day you vacate and return the keys.
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Wisconsin Security Deposit Law Quick Facts
Statutory figures codified for demand letters and small claims court filing
| Deadline to Return Deposit | 21 Calendar Days |
|---|---|
| Statutory Bad-Faith Penalty Multiplier | 2× Deposit Value |
| Small Claims Court Dollar Limit | $10,000 |
| Itemized Deduction Receipt Requirements | Mandatory written itemization with contractor receipts |
| Official Legal Citation | Wis. Stat. § 704.28 |
Normal Wear & Tear vs. Damage Under Wisconsin Law
Landlords in Wisconsin frequently attempt to pass routine apartment turnover costs onto departing tenants. Under state statute, deductions for natural aging and ordinary occupancy are illegal.
- ✓Normal wear and tear
- ✓Repainting faded walls
- ✓Pre-existing damage
- ✓Routine carpet cleaning
- ✓Minor scuff marks on walls
- ✓Worn carpet from normal use
- ✓Faded or sun-bleached paint
- ✓Minor nail holes from hanging pictures
- ✓Routine carpet cleaning without separate tenant agreement
- ✗Large drywall holes, cracked mirrors, or broken interior doors
- ✗Carpet burns, bleach spills, or permanent pet urine staining
- ✗Unauthorized dark wall paint or peeling permanent adhesive
- ✗Shattered windows, missing blinds, or broken appliances
Frequently Asked Questions: Wisconsin Deposit Law
Clear legal answers for tenants recovering withheld rental funds.
How long does a landlord have to return a security deposit in Wisconsin?
Under Wis. Stat. § 704.28, your landlord has exactly 21 days after you surrender the premises and return the keys to return your deposit or provide an itemized written statement of lawful deductions.
Can I sue for double or triple my deposit in Wisconsin?
Yes. If your landlord withholds your deposit in bad faith or fails to provide an itemized statement within 21 days, Wisconsin law allows tenants to sue for the unreturned balance plus statutory damages up to 2× the deposit amount.
Do I need to send a certified demand letter in Wisconsin?
Yes, sending a formal demand letter via USPS Certified Mail with Return Receipt is critical. Small claims court judges require verifiable proof of delivery before awarding statutory penalties or attorney fees.
What is the small claims court limit in Wisconsin?
The individual small claims limit in Wisconsin is $10,000. If your total recovery target (deposit plus statutory penalties) is within this cap, you can litigate affordably without paying expensive attorney retainers.