How can I recover a residential security deposit my Wisconsin landlord is withholding?
Under Wisconsin law, a landlord may keep only amounts reasonably necessary to cover specific items such as tenant-caused damage, unpaid rent the tenant is legally responsible for, and certain other listed charges. Deductions for normal wear and tear are not allowed. A landlord must return the remaining deposit, or an itemized statement and the balance, within the time the law requires.
If a landlord fails to follow the statute or withhold amounts not allowed, tenants commonly dispute the withholding. Courts have addressed disputes over untimely itemizations and improper deductions, and such issues are often resolved in small claims court or through written demands before filing.
Current Wisconsin law
Every answer cites the statute
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The deadline that matters
A landlord must mail or deliver the remaining deposit, less allowable withholdings, within 21 days after the tenancy ends under Wis. Stat. § 704.28.
What Wisconsin law says
The law generally allows a landlord to withhold from a security deposit only amounts reasonably necessary for tenant-caused damage, unpaid rent for which the tenant is legally responsible, certain utility or municipal charges the landlord must pay, and any reasons authorized in a written nonstandard rental provisions document provided and identified to the tenant, and it forbids withholding for normal wear and tear, under Wis. Stat. § 704.28. The statute requires delivery or mailing of the full remaining deposit, less allowable withholdings, within the statute's timing requirement. Courts have considered claims where landlords did not provide timely itemizations or withheld deposits improperly, see Duane Crandall v. Ted Sauer (Wis. Ct. App. 2024) and related precedent.
What to do
A common first step is to send a written demand or demand letter asking for the deposit and, if applicable, an itemized statement of deductions.
A common next step is to keep copies of the lease, move‑out condition photos, receipts for repairs, and any communication with the landlord to document the dispute.
Some people prepare for small claims court by calculating the amount withheld, assembling evidence of condition at move‑out, and completing the court’s filing forms.
A common option is to raise the tenant’s claim referencing the statute and any failure by the landlord to provide the required itemization or timely return.
Another option is to consider available administrative or court remedies if the landlord does not respond to written requests.
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Common questions
What kinds of charges can a Wisconsin landlord deduct from a security deposit?
The statute allows withholding for tenant damage (not normal wear and tear), unpaid rent the tenant is legally responsible for, certain utility or municipal charges the landlord becomes liable for, and items authorized by a properly identified written nonstandard rental provisions document, see Wis. Stat. § 704.28.
When does the landlord have to return the deposit?
The landlord must deliver or mail the remaining deposit, after allowable deductions, within 21 days after the tenancy ends, under Wis. Stat. § 704.28.
Can a lease include extra reasons to withhold a deposit?
Yes, a rental agreement may include nonstandard rental provisions authorizing additional withholdings only if those provisions are given to the tenant in a separate document titled NONSTANDARD RENTAL PROVISIONS and specifically identified to the tenant before signing, see Wis. Stat. § 704.28.
What if the landlord did not provide an itemized list or return the deposit on time?
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This page provides legal information about Wisconsin law and is not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
