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Wisconsin security deposit deadline — and the letter that cites it

What Wisconsin’s deposit statute requires, the deadline computed from your dates, and a ready-to-send demand letter that quotes the rule.

Deadline
21 calendar days after the later of the date the tenancy ended and the date you moved out — counted in calendar days, from the later of the tenancy end date and the move-out date.
Statute
Wis. Stat. § 704.28; Wis. Admin. Code § ATCP 134.06
Itemized statement
Required with the return of the deposit
Penalty
If if the condition the statute sets out is met, the statute provides: damages equal to the amount wrongfully withheld, plus reasonable attorney’s fees and court costs.
One exception
If you moved out before your lease ended and the landlord re-let the unit, Wisconsin starts the 21 days from the beginning of the new tenancy, which can be later than your move-out date. If that happened, enter that later date as the tenancy end date.
Rules checked
2026-11-05

The rule this page is built on

Wis. Stat. § 704.28; Wis. Admin. Code § ATCP 134.06. The citation and the quoted fragments below come from the official source recorded for this state.

Quoted from the official statute 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:”

“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 sub. (3), within 21 days after any of the following:”

“If any portion of a security deposit is withheld by a landlord, the landlord shall, within the time period and in the manner specified under sub. (2), deliver or mail to the tenant a written statement accounting for all amounts withheld.”

“Any person suffering pecuniary loss because of a violation by any other person of s. 100.70 or any order issued under this section may sue for damages therefor in any court of competent jurisdiction and shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee.”

Wis. Stat. § 704.28; Wis. Admin. Code § ATCP 134.06 — fragments captured from the official source on 2026-11-05.

Sources and review date

This row was marked verified on 2026-11-05.

What the statute says a deposit may be kept for

Wis. Stat. 704.28(4) and Wis. Admin. Code ATCP 134.06(2): the landlord must deliver or mail the full security deposit, less amounts that may be withheld, within 21 days after (a) the rental agreement's termination date where the tenant vacates on that date, (b) the termination date where the tenant vacates or is evicted before it (or, if the landlord rerents before that date, the date the new tenant's tenancy begins), or (c) the date the landlord learns the tenant vacated or was removed where the tenant vacates or is evicted after the termination date. Withholding is limited to amounts reasonably necessary for tenant damage, waste or neglect, unpaid rent for which the tenant is legally responsible, unpaid utility charges owed under the rental agreement or to a government-owned utility, unpaid municipal permit fees under s. 66.0435(3), and payments authorized by a separately titled 'NONSTANDARD RENTAL PROVISIONS' document specifically identified to the tenant; nothing may be withheld for normal wear and tear (including routine painting or carpet cleaning) or for losses the tenant cannot reasonably be held responsible for. Under ATCP 134.06(4)(a), if any portion is withheld the landlord must, within the same 21 days, deliver or mail a written statement accounting for all amounts withheld, describing each item of physical damage or other claim and the amount withheld for it; a landlord may not intentionally misrepresent or falsify any claim. Failure of the postal service to deliver to a tenant who left no forwarding address is not by itself a violation where the landlord otherwise complied (ATCP 134.06(5)).

What happens if the deadline is missed

If if the condition the statute sets out is met, the statute provides: damages equal to the amount wrongfully withheld, plus reasonable attorney’s fees and court costs.

Wis. Stat. 704.28 itself contains no penalty or multiplier; the 2023-24 statutes text captured on 2026-11-05 has no damages clause. The tenant's remedy is the unfair-trade-practice action: Wis. Admin. Code ch. ATCP 134 is adopted under Wis. Stat. 100.20(2), and 100.20(5) lets a person suffering pecuniary loss from a violation of an order issued under that section sue and recover twice the amount of the pecuniary loss together with costs, including a reasonable attorney fee. The administrative code's own note to ch. ATCP 134 states the same remedy, and DATCP's Landlord-Tenant Guide describes recovering 'up to twice' the pecuniary loss. This row therefore records a double-damages exposure (2x in total) plus costs and reasonable attorney fees, not a fixed multiplier in ch. 704; the Wisconsin statute chapter does not by itself forfeit the landlord's right to retain the deposit.

Penalty amounts depend on facts a court or agency decides. The letter states the statutory exposure as possible, never as money already owed.

Get the Wisconsin letter

The form asks for the deposit paid, the amount returned, and the dates. You see the whole letter, watermarked, before you pay. $9.99 for the letter, $19.99 for the pack with the follow-up letter, complaint options and the small-claims checklist.

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Questions about a Wisconsin deposit letter

What deadline will the letter use?

The deadline is computed from the dates you enter using the rule recorded for Wisconsin: 21 calendar days after the later of the date the tenancy ended and the date you moved out.

Can the letter claim a penalty?

Where the statute has a verified penalty, the letter states it as possible exposure and names the condition the statute sets. If if the condition the statute sets out is met, the statute provides: damages equal to the amount wrongfully withheld, plus reasonable attorney’s fees and court costs.

What if the landlord sent an itemized statement?

Tell the builder that you received one. The letter acknowledges it and disputes the amounts you say are wrong.

Is this legal advice?

No. It is a self-help document tool, not a law firm. If your claim is large or disputed, speak to a landlord-tenant lawyer or legal aid.