Wisconsin Security Deposit Rules: Caps, Lawful Deductions & Penalties (2026)

How much a landlord can charge, and which deductions are actually legal

At a glance

Who this covers — and who it does not

This page covers how much a landlord may charge in Wisconsin, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.

It does not cover:

How much the landlord may charge in the first place

No statewide cap. Wisconsin imposes no statutory limit on the amount of a residential security deposit under Wis. Stat. § 704.28 or ATCP 134.06.

Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.

Which deductions the statute permits

Claimed deductionPermitted in Wisconsin
Tenant damage, waste, or neglect of the premisesPermitted, if substantiated
Unpaid rent for which the tenant is legally responsiblePermitted, if substantiated
Unpaid utility service charges owed under the rental agreementPermitted, if substantiated
Unpaid municipal permit fees (to the extent the landlord becomes liable)Permitted, if substantiated
Other deductions specified in a signed "NONSTANDARD RENTAL PROVISIONS" documentPermitted, if substantiated

Which deductions the statute does not permit

Claimed deductionPermitted in Wisconsin
Normal wear and tearNot permitted
Damages or losses the tenant cannot reasonably be held responsible forNot permitted
Nonstandard deductions without a separate signed "NONSTANDARD RENTAL PROVISIONS" documentNot permitted
Any amount withheld without a written itemized statement within 21 daysNot permitted

Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.

Who has to prove what

The landlord must return the deposit within 21 days and, for any withholding, provide a written itemized statement (ATCP 134.06). A violation subjects the landlord to mandatory double damages and attorney fees under § 100.20(5).

In Wisconsin the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Wis. Stat. § 704.28(4); Wis. Stat. § 100.20(5) ↗

What you can claim if deductions are unlawful

Tools that exist in Wisconsin

21 days to return

Wisconsin's return deadline is 21 days — shorter than the 30-day standard in many states.

Wis. Stat. § 704.28(4) ↗

Mandatory double damages plus attorney fees

A landlord who violates the deposit rules is liable for double damages plus costs and reasonable attorney fees under § 100.20(5) — and the award is mandatory, not discretionary (Armour v. Klecker).

Wis. Stat. § 100.20(5) ↗

No statewide deposit cap

Wisconsin imposes no statutory cap on security deposits, unlike California or Georgia.

Wis. Stat. § 704.28 (whole section) ↗

Nonstandard deductions require a separate signed document

Deductions beyond the standard list require a separate written document titled "NONSTANDARD RENTAL PROVISIONS" that the tenant specifically signed or initialed.

Wis. Stat. § 704.28(2) ↗

Common landlord defences and how to answer them

““I kept the deposit for damages.””

Wisconsin requires return of the deposit within 21 days, with a written itemized statement for any withholding. A violation entitles me to double damages plus costs and attorney fees under § 100.20(5).

Wis. Stat. § 704.28(4); Wis. Stat. § 100.20(5)

““The deposit covered normal wear.””

Wisconsin law does not authorize withholding for normal wear and tear. You may withhold only for tenant damage, unpaid rent, or the other permitted reasons.

Wis. Stat. § 704.28(3)

““These deductions were in a nonstandard provision.””

Nonstandard deductions require a separate written document titled "NONSTANDARD RENTAL PROVISIONS" that I specifically signed. Absent that, the deductions are not authorized.

Wis. Stat. § 704.28(2)

Where sources disagree

Some widely circulated summaries of Wisconsin deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.

Penalty (2x deposit vs double damages)

SourceWhat it says
Some multi-state checklists2x the deposit
Wis. Stat. § 100.20(5)double the pecuniary loss (wrongfully withheld), plus costs and attorney fees

What we follow: Double damages (2x the pecuniary loss)

The remedy is statutory double damages under § 100.20(5), keyed to the pecuniary loss from wrongful withholding, not a flat "2x the deposit."

Deposit cap (none)

SourceWhat it says
Some summariesa cap applies
Wis. Stat. § 704.28no statutory cap

What we follow: No statewide cap

Neither § 704.28 nor ATCP 134.06 sets a deposit ceiling.

Sources and how to verify them

Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.

StatuteLast verifiedSource
Wis. Stat. § 704.28(4) 2026-10-15 official text ↗
Wis. Stat. § 100.20(5) 2026-10-15 official text ↗
Wis. Stat. § 704.28(4); Wis. Stat. § 100.20(5) 2026-10-15 official text ↗
Wis. Stat. § 704.28 (whole section) 2026-10-15 official text ↗
Wis. Stat. § 704.28(2) 2026-10-15 official text ↗

Primary reference: Wis. Stat. § 704.28. Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.

When you need a lawyer instead of a tool

A self-help letter is the right starting point for a single deposit you can document. Get legal help if:

Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.

More Wisconsin guides

Wisconsin Security Deposit Return

→ All Wisconsin tenant rights topics

Common questions

What can a landlord not deduct from my Wisconsin deposit?

The statute does not permit deductions for: normal wear and tear; damages or losses the tenant cannot reasonably be held responsible for; nonstandard deductions without a separate signed "nonstandard rental provisions" document; any amount withheld without a written itemized statement within 21 days.

Who has to prove that a deduction was justified in Wisconsin?

The landlord. The landlord must return the deposit within 21 days and, for any withholding, provide a written itemized statement (ATCP 134.06). A violation subjects the landlord to mandatory double damages and attorney fees under § 100.20(5).

How much can a landlord charge as a deposit in Wisconsin?

No statewide cap. Wisconsin imposes no statutory limit on the amount of a residential security deposit under Wis. Stat. § 704.28 or ATCP 134.06.

Is ordinary wear and tear deductible from my Wisconsin deposit?

No. Normal wear and tear