How much a landlord can charge, and which deductions are actually legal
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:
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.
| Claimed deduction | Permitted in Wisconsin |
|---|---|
| Tenant damage, waste, or neglect of the premises | Permitted, if substantiated |
| Unpaid rent for which the tenant is legally responsible | Permitted, if substantiated |
| Unpaid utility service charges owed under the rental agreement | Permitted, 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" document | Permitted, if substantiated |
| Claimed deduction | Permitted in Wisconsin |
|---|---|
| Normal wear and tear | Not permitted |
| Damages or losses the tenant cannot reasonably be held responsible for | Not permitted |
| Nonstandard deductions without a separate signed "NONSTANDARD RENTAL PROVISIONS" document | Not permitted |
| Any amount withheld without a written itemized statement within 21 days | Not 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.
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) ↗
A landlord who withholds in bad faith may be liable for 2x the portion wrongfully withheld.
A landlord who violates the security-deposit rules (Wis. Stat. § 704.28 and Wis. Admin. Code ATCP 134.06) is subject to double damages under Wis. Stat. § 100.20(5): the tenant recovers twice the amount of the pecuniary loss, together with costs including a reasonable attorney's fee. This award is mandatory. The basis is the pecuniary loss from wrongful withholding (the wrongfully withheld amount), not the full deposit.
Wis. Stat. § 100.20(5) ↗Wisconsin's return deadline is 21 days — shorter than the 30-day standard in many states.
Wis. Stat. § 704.28(4) ↗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) ↗Wisconsin imposes no statutory cap on security deposits, unlike California or Georgia.
Wis. Stat. § 704.28 (whole section) ↗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) ↗““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)
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.
| Source | What it says |
|---|---|
| Some multi-state checklists | 2x 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."
| Source | What it says |
|---|---|
| Some summaries | a cap applies |
| Wis. Stat. § 704.28 | no statutory cap |
What we follow: No statewide cap
Neither § 704.28 nor ATCP 134.06 sets a deposit ceiling.
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.
| Statute | Last verified | Source |
|---|---|---|
| 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.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
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Wisconsin Security Deposit Return
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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.
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).
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.
No. Normal wear and tear