DisputeKit / Wisconsin
How long does a Wisconsin landlord have to return a security deposit?
21 days. Under Wisconsin Statutes § 704.28(4), a landlord must return the security deposit, less any lawful deductions, together with a written statement describing each item withheld and the amount withheld for it within 21 days. The clock starts when you move out and hand back possession of the unit. A court may also award twice the tenant's pecuniary loss (generally the amount wrongfully withheld), together with costs and reasonable attorney fees, for a violation of the security deposit rules in ATCP 134.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- If the tenant moves out on the lease end date, the 21 days run from that date.
- If the tenant moves out before the lease ends, the 21 days run from the lease end date, or from when a new tenant's tenancy begins if the landlord re-rents sooner.
- If the tenant moves out after the lease ends, the 21 days run from when the landlord learns the tenant has moved out.
What Wisconsin law says about deductions and your rights
- Deductions are limited to tenant damage, waste or neglect; unpaid rent; unpaid utilities or municipal permit fees the tenant owes; and charges listed in a separate signed "NONSTANDARD RENTAL PROVISIONS" document.
- Nothing may be withheld for normal wear and tear, such as routine painting or carpet cleaning without unusual damage.
- A landlord may not intentionally misrepresent or falsify any claim against a security deposit.
- A tenant may ask for a list of damages charged to the previous tenant's deposit, if requested within the deadline given at move-in.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Wisconsin is $10,000 for most money claims in small claims court (lower limits apply to some claim types, such as personal injury), and the filing fee is About $94.50 in most counties (varies by county and claim amount), plus service costs and any e-filing fee.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 21 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Wisconsin?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Wisconsin law allows a court to award twice the tenant's pecuniary loss (generally the amount wrongfully withheld), together with costs and reasonable attorney fees, for a violation of the security deposit rules in ATCP 134. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Wisconsin is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.