What Wisconsin requires
- 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)
- 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 21-day return
Return the deposit, less lawful withholding, within 21 days after the rental agreement ends. The rules move the start for early and late move-outs: a tenant who stays past the end date starts the count when the landlord learns they have left, and if the unit is re-rented before the agreement ends, the count starts when the new tenancy begins.
The written statement
If any of the deposit is withheld, give a written statement accounting for all amounts withheld, describing each item of physical damage or other claim and the amount withheld for each.
What may be withheld
Nothing may be withheld for normal wear and tear, or for damage the tenant cannot reasonably be held responsible for. For the premises, withholding is limited to amounts reasonably necessary for tenant damage, waste or neglect, and no landlord may misrepresent or falsify a claim, including the cost of repairs.
The next tenant may ask
A new tenant may ask for the list of damages charged to the previous tenant. If asked, the landlord gives it within 30 days after the request, or within 7 days after notifying the previous tenant of their deductions, whichever is later.
Common mistakes
- Counting 21 days from the move-out when the agreement ended later.
- Listing one total instead of each item and its amount.
- Charging normal wear and tear as damage.
- Inflating the cost of a repair.
Sources
- 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
- Wisconsin Administrative Code ATCP 134.06 (1) (b), checked October 8, 2026
Last reviewed October 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.