Security Deposit Not Returned in Wisconsin: What Can I Do?
In Wisconsin, your landlord has a deadline to return your security deposit after you move out. If they keep any part of it, they must tell you why in writing. This page covers that deadline and what your landlord can take out of your deposit. It also covers what you can do if they break these rules.
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Your landlord must mail or hand you your full security deposit, minus any amount Wisconsin law lets them keep, within 21 days. If you move out on the last day named in your lease, the 21 days start on that day.
✓ Sources checked October 4, 2026
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If you move out or are evicted before your lease ends, the 21 days start on the date your lease was set to end. If your landlord rents the home to someone else before then, the 21 days start when the new renter moves in instead.
✓ Sources checked October 4, 2026
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If you move out or are evicted after your lease ends, the 21 days start on the day your landlord learns you left.
✓ Sources checked October 4, 2026
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Give your landlord an address where you can get mail after you move out. Then your deposit and any written statement about money taken from it can reach you. If your landlord otherwise follows Wisconsin's deposit rules, they are not breaking those rules just because the mail could not reach you. This applies only if you left no working address. You keep any other right you have to get your deposit back.
RenterLaw editorial Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Wis. Admin. Code § ATCP 134.06(5)✓ Sources checked October 4, 2026
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Take photos of the home when you move out and keep a copy of your lease, receipts, and any messages with your landlord. These records can help show what condition the home was in and support your case if you need to sue for your deposit.
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Your landlord can only take money out of your deposit for a few allowed reasons. One is damage, waste (harm from misusing the home), or neglect you caused. This does not include normal wear and tear (ordinary damage from everyday use, not something you did wrong). Another is rent you still owe. A third is unpaid utility (water, electric, gas) charges you owed under your rental agreement. Your landlord also cannot take money for other damage or loss that the law does not hold you responsible for.
✓ Sources checked October 4, 2026
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Your landlord's lease can list other reasons to take money from your deposit, beyond the reasons Wisconsin law already allows. This is only allowed if you signed a separate paper listing them before you signed your lease. Wisconsin law calls this paper a special written list of extra rules you agreed to. Your landlord cannot use this list to charge for normal wear and tear (ordinary damage from everyday use, not something you did wrong). If you signed or initialed a reason on that paper, Wisconsin law presumes (assumes unless you can prove otherwise) you agreed to it.
✓ Sources checked October 4, 2026
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If your landlord keeps any part of your deposit, they must send you a written statement within the same 21 days. It must list each item they are charging you for and how much they are charging for it.
✓ Sources checked October 4, 2026
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Your landlord cannot lie about or make up a reason for keeping part of your deposit on purpose, including the cost of repairs. They cannot keep any part of your deposit based on a claim they made up on purpose.
✓ Sources checked October 4, 2026
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If your landlord breaks these deposit rules, you can sue them in court. You can ask for twice the amount of money your landlord kept without a legal right to it. You can also ask for your court costs and a reasonable lawyer fee. For example, if your landlord kept $500 of your deposit without a legal right to it, you could ask for $1,000 (twice $500). You could also ask for your court costs and a lawyer fee. You get this money only if you win your case and your landlord pays. This is all not a guarantee. A court may offset this double-damages award by the landlord's actual damages when the landlord did send the written statement.
RenterLaw editorial Wisconsin State Legislature Wis. Stat. § 100.20(5) Wisconsin Department of Agriculture, Trade and Consumer Protection Ch. ATCP 134, Note✓ Sources checked October 4, 2026
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