Reference: the security deposit rule in each state and covered city. To settle a deposit, use the free Deposit settlement tool.

Reference

Security deposit rules in Wisconsin

Wisconsin: return the deposit within 21 calendar days of the later of move-out and the end of the tenancy. If the landlord re-rents before the lease ends, 21 days after the new tenancy begins (704.28(4)(b)), when that is earlier. Interest: no. Penalty if the rule is not followed (no bad faith needed): 2x the amount withheld. (Wis. Stat. 704.28; Wis. Admin. Code ATCP 134.06)

The rule in plain words

Return by: 21 calendar days after the later of move-out and the end of the tenancy.
Deductions allowed: damage beyond wear, unpaid rent, unpaid utilities, other lease obligations. Normal wear and tear never. Depreciation: none.
Interest: No.
Penalty: 2x the amount withheld if the rule is not followed (no bad faith needed).

The rule text

A landlord shall deliver or mail to a tenant the full amount of any security deposit paid by the tenant, less any amounts that may be withheld under subs. (1) and (2), within 21 days after any of the following:

Wis. Stat. 704.28(4). Source: Wis. Stat. 704.28 Withholding from and return of security deposits, read 2026-10-09.

Notes on this rule (1)

Withholding for anything outside the standard list needs a signed NONSTANDARD RENTAL PROVISIONS document.

Research notes (1)

How we sourced this rule: where the text was read and what we could not check.

704.28 history: 2011 a. 143; 2013 a. 76. ATCP 134.06(2) recreated 2015-11-01.

Worked example

A $2,000.00 deposit; the tenant moved in on June 1, 2023 and out on September 30, 2026. Intended deductions: $300.00 unpaid rent, $150.00 cleaning and a $1,200.00 carpet that was 5 years old.

Return by: October 21, 2026
21 calendar days after the later of move-out and the end of the tenancy.
Allowed deductions: $1,500.00
Of $1,650.00 claimed.
Refund due: $500.00
Interest $0.00.

The draft statement for this example

DRAFT ITEMIZED STATEMENT OF SECURITY DEPOSIT
Rule: Wis. Stat. 704.28; Wis. Admin. Code ATCP 134.06 (Wisconsin)
Move-out date: September 30, 2026

Security deposit held                            $2,000.00
Deduction: Unpaid rent                            -$300.00
Deduction: Carpet                               -$1,200.00
Total deductions                                -$1,500.00
Refund due to tenant                               $500.00
Return by                                   October 21, 2026

Notes:
- Itemized under Wis. Stat. 704.28; Wis. Admin. Code ATCP 134.06.

Settle a deposit in Wisconsin

required

Where and how much

The state sets the rules; a covered city adds its own.

StateCityAdds the city's ordinance where we cover one.Deposit heldMonthly rentChecks the deposit cap.Units in the buildingInterest depends on it in IL, NY.

Dates

The dates start the clock.

Tenant moved outTenancy startedFor interest and item ages.Lease endedIf not the move-out day.Forwarding address receivedStarts or holds the clock in CT, IA, MN, RI, SD, TX, WY.Tenant's written demand receivedStarts the clock in AZ, KS, MD, MS, OK, SC, UT.New tenant moved inCan start the clock in WI, WV.Notice of claim sentFlorida: the day you sent the notice of your claimReturn period in the lease (days)The lease may set it in CO, ID, ME.

The tenant gave the notice the statute requiresChanges the deadline in AK.Repairs exceed the deposit and need a contractorCan extend the deadline in VA, WV.

Check as of another date

Check as ofDefaults to today. Use it to see where a past or future date stands.

Deductions

What you intend to keep; leave it empty to return everything. An item's age depreciates carpet, paint, blinds and appliances.

Deduction 1

CategoryAmountItem age or install dateNormal wear and tearOrdinary aging: never deductible.

Up to 9 lines.

Documentation

Some states require receipts or dated photos before a deduction stands.

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Computes and cites the published rule; it is not legal advice. You sign the statement: check the statute, your lease and any local ordinance first. Read the disclaimer.

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