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Wisconsin · C2 Jurisdictional facts · 4 min read

Wisconsin Security Deposit Return Deadlines: The Clock, the Cap, and What Starts It

Direct statutory answer

Landlords in Wisconsin must return security deposits within 30 days, capped at $1,500 per tenant, and itemize deductions within 30 days of return.

WISCONSIN STATUTORY RECORDSecurity Deposit Statute Wisconsin Security Deposit Return Deadlines:The Clock, the Cap, and What Starts It ESCROW TRUST ACCOUNTDedicated Escrow Account• No commingling with operating funds• Bank name & address notice to tenant• Interest-bearing escrow where mandatedINITIAL DEPOSIT: $2,400.00DEDUCTION: REPAIRS -$350.00REFUND AMOUNT: $2,050.00Itemized Accounting Rules• Written line-item repair invoices• Zero deduction for normal wear & tear• Copies of contractor receipts attached30DAYS POST-VACATEStrict Accounting Window• Statement & refund postmark deadline• Delivery to tenant forwarding address• Statutory penalty for bad-faith delay

Wisconsin Security Deposit Return Deadlines: The Clock, the Cap, and What Starts It

Landlords in Wisconsin must adhere to specific rules regarding security deposits. This guide outlines the key deadlines, deposit limits, and requirements for returning security deposits to tenants.

Permitting, Zoning, or Statutory Basis

Wisconsin’s security deposit laws are governed by the Wisconsin Fair Housing Act (WHFA) and the Residential Landlord-Tenant Statute (RLTS). These statutes provide clear guidelines on how landlords must handle security deposits. For detailed information, refer to the WHFA (Wis. Stat. § 895.20) and RLTS (Wis. Stat. § 716.01 et seq.).

Lease Clauses, Notice Periods, and Timing Requirements

Security Deposit Limit

Under Wisconsin law, landlords are limited to a maximum security deposit of $1,500 per tenant. This cap applies regardless of the length of the lease term or the value of the property (Wis. Stat. § 716.02(3)).

Return Deadline

Landlords must return security deposits to tenants within 30 days of the tenant’s move-out date. This period begins when the landlord receives a notice from the tenant indicating that they are moving out (Wis. Stat. § 716.02(4)).

Itemization Deadline

If the landlord has deductions from the security deposit, they must provide a written itemized statement within 30 days of returning the deposit. This statement should detail each deduction and the amount deducted (Wis. Stat. § 716.02(5)).

Defensible Record-Keeping & Compliance Checklist

To ensure compliance with Wisconsin’s security deposit laws, landlords should maintain thorough records and follow these key steps:

  1. Record Deposit Receipts: Keep a detailed record of all security deposits received, including the date and amount.
  2. Notify Tenant: Provide tenants with a written notice of their rights regarding security deposits, including the return deadline.
  3. Document Deductions: If deductions are made from the security deposit, keep a detailed record of each deduction and provide an itemized statement to the tenant within 30 days.
  4. Return Deposit: Return the security deposit to the tenant within 30 days of move-out, or if deductions are made, return the remaining balance.
  5. Maintain Records: Keep all records related to security deposits for at least three years after the lease has ended.

Conclusion

Landlords in Wisconsin must adhere to strict deadlines and requirements when handling security deposits. By following the guidelines outlined in this guide, landlords can ensure compliance with state law and avoid potential legal issues. For more detailed information on tenant rights and landlord responsibilities, refer to the Wisconsin Fair Housing Act (Wis. Stat. § 895.20) and the Residential Landlord-Tenant Statute (Wis. Stat. § 716.01 et seq.).

By staying informed and following these guidelines, landlords can maintain a compliant and defensible property management practice in Wisconsin.

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Does not establish that a decision was legally correct, cover unverified local municipal ordinances, or constitute legal representation.

This guide states the statutory rule as of the date checked; it does not establish that a specific notice or deduction decision was correct, or that it will hold in court.

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