6 Wisconsin Security Deposit Rules Landlords Can’t Ignore

In Wisconsin, your landlord has 21 days to return your security deposit, minus lawful deductions.

Day 22 is late.

Knowing the rules your landlord has to follow can help you get back what you’re owed.

Here are the Wisconsin security deposit rules landlords can’t ignore.

Note: This is general information, not legal advice. Rental rules and deadlines are subject to change, so confirm the current requirements with the Wisconsin Department of Agriculture, Trade and Consumer Protection.

1. Fixed List of Deductions

Wisconsin’s security deposit rules let your landlord keep only amounts reasonably necessary to cover a fixed list of costs.

That list covers damage or neglect you caused, rent you legally owe, and utilities your landlord provided that weren’t part of your rent.

Unpaid government utility bills and monthly municipal permit fees can come out of your deposit too, when your landlord ends up owing them for you.

A broken window latch costs $40 to fix.

In practice, that means about $40 comes out of your deposit, not $400.

Any other reason has to appear in a separate document titled “NONSTANDARD RENTAL PROVISIONS.”

Your landlord has to go over each of those provisions with you before you enter the rental agreement.

2. Normal Wear and Tear

Can your landlord bill your security deposit for repainting after you move out?

Not for routine painting because the rules bar your landlord from taking money for normal wear and tear.

The rule gives routine painting and carpet cleaning as examples, as long as you caused no unusual damage.

Wear isn’t damage.

Replacing carpet that wore out after years of renters is another example, according to Wisconsin Law Help.

A burn hole in the carpet counts as damage you caused, and that can come out of your deposit.

3. Itemized Statement

If your landlord keeps any part of your security deposit, you’re owed a written statement that accounts for all amounts withheld.

The statement describes each item of damage or other claim and gives the amount withheld for each item.

A single lump sum doesn’t meet that requirement.

Your landlord can’t intentionally misrepresent or falsify any claim against your deposit.

4. 21-Day Deadline

The deadline is 21 days to deliver or mail your security deposit, minus lawful deductions, and the statement that explains them.

Some landlords let that deadline slide.

Day 22 is late.

If your landlord misses that date, your landlord has broken the rule, even if every deduction was fair.

5. Move-In Notice

Wisconsin’s move-in notice rule requires your landlord to tell you in writing about two ways to protect your security deposit.

You can inspect the unit and report any preexisting damage by a deadline your landlord sets, at least 7 days after your tenancy starts.

Or you can ask for a list of damages charged to the previous tenant’s deposit.

Your landlord can require that request in writing.

The list includes damage even after your landlord has repaired it.

Your landlord doesn’t have to name the previous tenant.

If you inspect, write down even small damage, like nail holes, and keep a copy of what you send.

6. Double Damages

A landlord who breaks the security deposit rules can owe you double.

State law lets you sue for twice the amount of your loss, plus court costs and a reasonable attorney fee.

If your landlord wrongly keeps $900 of your deposit, a court can award you $1,800.

If your landlord sent the required itemized statement, a court can subtract the landlord’s actual damages from an award like that.

Without one, the award can be double the deposit regardless.

Criminal Penalties

In 2020, a Wisconsin appeals court said that a landlord who keeps a deposit without legal authority, or fails to send the withholding statement, can face criminal penalties.

The court reversed the landlord’s conviction.

The jury instructions were the problem, since they could let jurors convict for failing to return a deposit alone.

Criminal restitution has to match the tenants’ actual loss, so ordering double the deposits went too far.

If your landlord keeps part of your deposit for a lawful reason and sends the itemized statement, that isn’t a crime.

Small Claims and Complaints

If your landlord won’t return your security deposit, you can sue in small claims court.

Wisconsin’s small claims court takes money claims of $10,000 or less.

Your other route is a complaint to the Wisconsin Department of Agriculture, Trade and Consumer Protection, which oversees tenant complaints in Wisconsin.

The department can go to court to stop a landlord from breaking the rules.

Cashing a Short Check

A check arrives from your landlord, and it’s for less than you think your security deposit should be.

Wisconsin Law Help warns that cashing a check you believe is short is risky, since you may not be able to sue for the rest.

You may want to contact an attorney about your options.

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