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Security deposit · Wisconsin

21 days after lease ends (if you leave on that date).

By housr editorsStatute text checked 2026-10-05Legal review pending
A named legal reviewer hasn't signed this page yet. We read and quoted the statute ourselves on 2026-10-05. Until review, this page isn't indexed by search engines. This is information, not legal advice. See legal review.
The short answerWis. Stat. §704.28(4)
Deadline21 calendar days
Before it appliesNone
If kept in bad faithNot checked yet

The rule

In Wisconsin, the clock starts when: lease ends (if you leave on that date). The landlord then has 21 calendar days. The statute says:

“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) If the tenant vacates the premises on the termination date of the rental agreement, the date on which the rental agreement terminates.”

Leave early and the clock usually starts on the lease's end date (or the day a new tenant's tenancy begins); leave late and it starts when the landlord learns you've gone.

For example, if you returned the keys on Oct 25, 2026, the date would be Nov 15, 2026. Use the Clock for your own dates.

What the landlord has to send

The statute sets the timing; the withholding statement rules are in Wis. Admin. Code ATCP 134.06.

Do this

On move-out day

Give your forwarding address in writing and keep proof of sending. Photograph every room before you return the keys.

Deductions and wear and tear

No withholding for normal wear and tear (§704.28(3)); other deductions beyond the standard list need a separate 'Nonstandard rental provisions' document (§704.28(2)).

For a charge to replace something old, Fair Charge works out a prorated estimate from the item's age and useful life, and says where the useful life comes from. See also the item guides for carpet, paint and cleaning.

If the deadline passes

We haven't summarised Wisconsin's penalty section yet.

The usual first step is a written demand that states the date the deposit was due and cites the statute. Our demand letter does that and carries any disputed deductions.

Your next steps

Sources

  1. Wis. Stat. §704.28(4) · checked 2026-10-05

Information, not legal advice. Statutes are quoted from official legislature sites; summaries are ours. Spotted an error? Tell us.