What Wisconsin requires
- Before accepting a security deposit, the landlord tells the tenant in writing that, by a deadline at least 7 days after the tenancy starts, the tenant may inspect the unit and notify the landlord of any preexisting damages or defectsWisconsin Administrative Code ATCP 134.06 (1) (a)
- The same notice tells the tenant they may request a list of physical damages or defects charged to the previous tenant's security depositWisconsin Administrative Code ATCP 134.06 (1) (a) 2.
- If asked, the landlord gives the list within 30 days after the request, or within 7 days after notifying the previous tenant of their deductions, whichever is later; it may say which items were repaired and need not name the previous tenant or the amountsWisconsin Administrative Code ATCP 134.06 (1) (b)
- The landlord returns the deposit, less lawful withholding, within 21 days after the rental agreement ends, or after the dates the rules set for early or late move-outsWisconsin Statutes s. 704.28 (4) · Wisconsin Administrative Code ATCP 134.06 (2)
- If any of the deposit is withheld, the landlord gives a written statement accounting for all amounts withheld, describing each item of physical damage or other claim and the amount withheld for eachWisconsin Administrative Code ATCP 134.06 (4) (a)
- Nothing may be withheld for normal wear and tear, or for damage the tenant cannot reasonably be held responsible forWisconsin Statutes s. 704.28 (3) · Wisconsin Administrative Code ATCP 134.06 (3) (c)
- For the premises, the standard withholding is limited to amounts reasonably necessary for tenant damage, waste or neglectWisconsin Statutes s. 704.28 (1) (a)
- No landlord may intentionally misrepresent or falsify a claim against the deposit, including the cost of repairsWisconsin Administrative Code ATCP 134.06 (4) (b)
Check-in: the tenant's notice and deadline
Before accepting a security deposit, the landlord tells the tenant in writing that, by a deadline at least 7 days after the tenancy starts, the tenant may inspect the unit and notify the landlord of any preexisting damages or defects. The same notice says the tenant may ask for a list of physical damages or defects charged to the previous tenant's deposit.
If asked, the landlord gives that list within 30 days after the request, or within 7 days after notifying the previous tenant of their deductions, whichever is later. It may say which items were repaired and need not name the previous tenant or the amounts.
At move-out
The landlord returns the deposit, less lawful withholding, within 21 days after the rental agreement ends, or after the dates the rules set for early or late move-outs. For the premises, withholding is limited to amounts reasonably necessary for tenant damage, waste or neglect, and nothing may be withheld for normal wear and tear, such as routine painting or carpet cleaning without unusual damage.
If any of the deposit is withheld, the landlord gives a written statement describing each item of physical damage or other claim and the amount withheld for each. Claims, including repair costs, may not be misrepresented.
From walkthrough notes to a finished Wisconsin record
Walk the unit room by room and note each item, with photos. Enter the tenant's check-in deadline: on a move-in report, ReportDraft prints the notice of the tenant's check-in rights with that date filled in, followed by signature lines for the landlord and the tenant.
At move-out, a report on the same rooms and items shows what changed, which is the basis for describing each item in the written statement of amounts withheld.
Common mistakes
- Taking the deposit before giving the written check-in notice.
- Setting the tenant's check-in deadline less than 7 days after the tenancy starts.
- Ignoring a request for the list of damages charged to the previous tenant.
- Withholding for routine painting or carpet cleaning with no unusual damage.
- Withholding without a written statement that describes each item and its amount.
Sources
- Wisconsin Administrative Code ATCP 134.06 (1) (a), checked October 8, 2026
- Wisconsin Administrative Code ATCP 134.06 (1) (a) 2., checked October 8, 2026
- Wisconsin Administrative Code ATCP 134.06 (1) (b), checked October 8, 2026
- Wisconsin Statutes s. 704.28 (4), checked October 8, 2026
- Wisconsin Administrative Code ATCP 134.06 (2), checked October 8, 2026
- Wisconsin Administrative Code ATCP 134.06 (4) (a), checked October 8, 2026
- Wisconsin Statutes s. 704.28 (3), checked October 8, 2026
- Wisconsin Administrative Code ATCP 134.06 (3) (c), checked October 8, 2026
- Wisconsin Statutes s. 704.28 (1) (a), checked October 8, 2026
- Wisconsin Administrative Code ATCP 134.06 (4) (b), checked October 8, 2026
Last reviewed October 8, 2026. Next review due January 8, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.