Wisconsin Security Deposit Return Deadline & Penalty Calculator
Tuesday, November 3, 2026
Computed as 21 calendar days under Wis. Stat. § 704.28 / ATCP § 134.06.
Wisconsin Small Claims Court cap: $10,000 — eligible for Small Claims Court filing.
Wisconsin Security Deposit Rules at a Glance (Wis. Stat. § 704.28 / ATCP § 134.06)
21 calendar days after the tenant surrenders the rental premises under Wis. Admin. Code ATCP § 134.06 and Wis. Stat. § 704.28. The landlord must deliver or mail the full deposit or an itemized accounting of all deductions and the remaining refund check.
| Deadline (No Deductions) | 21 calendar days |
|---|---|
| Deadline (With Itemized Deductions) | 21 calendar days |
| Maximum Deposit Cap | No statutory cap under Wisconsin state law; landlords may set any security deposit amount agreed upon in the written lease. |
| Bad-Faith / Late Penalty | Under Wis. Stat. § 100.20(5) and Wisconsin Supreme Court precedent (Armour v. Klecker), any violation of the ATCP 134 security deposit regulations entitles the tenant to recover double (2x) the amount of pecuniary loss, together with costs, including reasonable attorney's fees. |
| Deposit Interest Rule | Not mandated statewide in Wisconsin; landlords are not required to pay interest on security deposits unless specified in the lease contract. |
| Small Claims Court Limit | $10,000 |
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Key Wisconsin Statutory Nuances & Documentation Rules
- Strict 21-Day Surrender Countdown: Wisconsin law counts 21 calendar days from surrender (when keys are returned or the lease ends, whichever is later). If eviction occurs, the clock starts when the sheriff removes the tenant.
- Nonstandard Rental Provisions Required (ATCP § 134.06(3)(b)): A landlord cannot deduct for routine carpet cleaning, painting, or administrative fees unless explicitly authorized in a separate, individually signed 'Nonstandard Rental Provisions' document provided at lease signing.
- Mandatory Double Damages and Attorney Fees: Because ATCP 134 is a consumer protection regulation, courts must award double damages and attorney fees upon finding an illegal deduction or missed 21-day deadline.
- 7-Day Pre-Tenancy Inspection Checklist (ATCP § 134.06(1)): Landlords must notify tenants in writing within 7 days of moving in that they have 7 days to inspect the unit and notify the landlord of pre-existing damages.
Madison Apartment Move-Out Past the 21-Day Window
A tenant surrenders keys to a Madison apartment on July 31, 2026 after paying a $1,900 deposit. Under Wis. Stat. § 704.28, the 21-day statutory clock expires on Friday, August 21, 2026. If the landlord retains $950 for carpet shampooing without an authorized Nonstandard Rental Provision, or mails the check on August 25 (Day 25), the landlord violates ATCP § 134.06. In Wisconsin Small Claims Court (limit $10,000), under Wis. Stat. § 100.20(5), the judge must award the tenant double damages of $1,900 (2x the $950 withheld) plus mandatory attorney's fees and court costs.
Wisconsin Security Deposit Return FAQs
How many days does a landlord in Wisconsin have to return a security deposit?
Under Wisconsin Statutes § 704.28 and Wisconsin Administrative Code ATCP § 134.06, the landlord must deliver or mail the deposit, or an itemized accounting of deductions and the remaining refund, within 21 calendar days after the tenant surrenders the premises.
Can a Wisconsin landlord deduct for routine carpet cleaning?
No, unless authorized in a separately signed document. Under ATCP § 134.06(3)(c), routine painting or carpet cleaning cannot be deducted from a security deposit unless the tenant specifically agreed to it in an individually signed 'Nonstandard Rental Provisions' disclosure.
What is the penalty if a Wisconsin landlord misses the 21-day deadline?
Under Wisconsin Statutes § 100.20(5), any violation of the ATCP 134 security deposit code entitles the tenant to recover double the amount of the deposit wrongfully withheld, plus court costs and reasonable attorney's fees.
What does 'surrender' mean under Wisconsin deposit law?
Under Wis. Stat. § 704.28(4), surrender occurs on the last day of the tenancy or on the date the tenant vacates and hands over keys, whichever occurs later. If the tenant is evicted, surrender occurs when the writ of restitution is executed.