Wisconsin Security Deposit Deductions
In Wisconsin, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 21 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied Wisconsin record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | Wis. Stat. § 704.28 and ATCP 134.06(3) (DATCP residential rental practices rule - official agency guidance) allow withholding only amounts reasonably necessary for tenant damage, waste, or neglect; unpaid rent; unpaid utilities provided by the landlord; unpaid municipal utility or special charges; and unpaid mobile-home parking fees. Ordinary cleaning is not an independent authorized category. ATCP 134.06(3)(c) further restricts routine wear-type charges. (Wis. Stat. § 704.28(1); Wis. Admin. Code ATCP 134.06(3)) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06). (Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06). (Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06). (Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06). (Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06) |
| Unpaid rent and fees | Yes | The landlord may withhold unpaid rent for which the tenant is legally responsible, subject to s. 704.29, and payment the tenant owes under the rental agreement for utility service provided by the landlord but not included in the rent. (Wis. Stat. § 704.28(1)(b) - (c); ATCP 134.06(3)(a)2. - 3.) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 21 days |
| Receipts required | No |
| Rule | Return the full deposit less authorized withholdings within 21 days after the applicable vacate/termination date (ATCP 134.06(2); Wis. Stat. § 704.28). A withholdings statement is required by ATCP 134.06(4) (agency rule, not the statute). Receipts are not required by statute. |
| Citation | Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06(2), (4) |
Burden of proof
No statutory burden-of-proof sentence. Violations of 704.28 or ATCP 134.06 may be unfair trade practices under Wis. Stat. § 100.20, with a private double-damages remedy (ATCP 134 note; § 704.95).
Statute says
When a landlord returns a security deposit to a tenant after the tenant vacates the premises, the landlord may withhold from the full amount of the security deposit only amounts reasonably necessary to pay for any of
What this means
Source accessed: .
If it was deducted anyway
Use the Wisconsin demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Wisconsin template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Wisconsin law (Wis. Stat. § 704.28), a landlord must return the deposit or respond in writing within [21 calendar days, see the note above] after [the event listed in the note above].
FAQ
What security deposit deductions are allowed in Wisconsin?
Only the uses in the supplied Wisconsin record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Wisconsin landlord have to itemize deductions?
Yes. Return the full deposit less authorized withholdings within 21 days after the applicable vacate/termination date (ATCP 134.06(2); Wis. Stat. § 704.28). A withholdings statement is required by ATCP 134.06(4) (agency rule, not the statute). Receipts are not required by statute.
Who has the burden of proof for a Wisconsin deduction?
No statutory burden-of-proof sentence. Violations of 704.28 or ATCP 134.06 may be unfair trade practices under Wis. Stat. § 100.20, with a private double-damages remedy (ATCP 134 note; § 704.95).