How Long Does a Landlord Have to Return a Deposit in Wisconsin?
In Wisconsin, a landlord has 21 calendar days (tenant vacates on the termination date of the rental agreement) or 21 calendar days (tenant vacates or is evicted before the termination date) or 21 calendar days (tenant vacates or is evicted after the termination date of the rental agreement) to return a security deposit. The deadline is measured from this trigger: 21 calendar days (tenant vacates on the termination date of the rental agreement): after the rental agreement terminates; 21 calendar days (tenant vacates or is evicted before the termination date): after the tenant's rental agreement terminates, or after the new tenant's tenancy begins if re-rented earlier; 21 calendar days (tenant vacates or is evicted after the termination date of the rental agreement): after landlord learns tenant vacated or was removed under s. 799.45(2). The verified penalty formula is civil recovery of double the amount wrongfully withheld plus costs and reasonable attorney's fees under unfair trade practice framework (ATCP 134 via Wis. Stat. ch. 100); statute § 704.28 itself states timing and withholding rules.
Key facts
| Deadline | 21 calendar days (tenant vacates on the termination date of the rental agreement); trigger: after the rental agreement terminates |
|---|---|
| Deadline (branch 2) | 21 calendar days (tenant vacates or is evicted before the termination date); trigger: after the tenant's rental agreement terminates, or after the new tenant's tenancy begins if re-rented earlier |
| Deadline (branch 3) | 21 calendar days (tenant vacates or is evicted after the termination date of the rental agreement); trigger: after landlord learns tenant vacated or was removed under s. 799.45(2) |
| Penalty formula | civil recovery of double the amount wrongfully withheld plus costs and reasonable attorney's fees under unfair trade practice framework (ATCP 134 via Wis. Stat. ch. 100); statute § 704.28 itself states timing and withholding rules |
| Bad faith required | No |
| Statute citation | Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06 |
Statute says
A landlord shall deliver or mail to a tenant the full amount of any security deposit paid by the tenant, less any amounts that may be withheld under subs. (1) and (2), within 21 days after any of the following: (a) If the tenant vacates the premises on the termination date of the rental agreement, the date on which the rental agreement terminates. (b) If the tenant vacates the premises or is evicted before the termination date of the rental agreement, the date on which the tenant's rental agreement terminates or, if the landlord rerents the premises before the tenant's rental agreement terminates, the date on which the new tenant's tenancy begins. (c) If the tenant vacates the premises or is evicted after the termination date of the rental agreement, the date on which the landlord learns that the tenant has vacated the premises or has been removed from the premises under s. 799.45 (2).
What this means
Read the deadline, trigger, and penalty together. Match the date you can prove to the trigger above, then compare the landlord's response to the rule in Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06.
FAQ
Does Milwaukee have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Wisconsin law and local rules.
What happens if a landlord misses the Wisconsin deposit deadline?
The verified penalty formula is civil recovery of double the amount wrongfully withheld plus costs and reasonable attorney's fees under unfair trade practice framework (ATCP 134 via Wis. Stat. ch. 100); statute § 704.28 itself states timing and withholding rules. Keep the move-out date, forwarding address records, and any itemized statement before you act.
Does a demand letter change the legal deadline?
No. The deadline is still 21 calendar days (tenant vacates on the termination date of the rental agreement) or 21 calendar days (tenant vacates or is evicted before the termination date) or 21 calendar days (tenant vacates or is evicted after the termination date of the rental agreement). The deadline trigger is 21 calendar days (tenant vacates on the termination date of the rental agreement): after the rental agreement terminates; 21 calendar days (tenant vacates or is evicted before the termination date): after the tenant's rental agreement terminates, or after the new tenant's tenancy begins if re-rented earlier; 21 calendar days (tenant vacates or is evicted after the termination date of the rental agreement): after landlord learns tenant vacated or was removed under s. 799.45(2). A letter documents the timeline and asks the landlord to resolve the deposit before the next step.
If the deadline passed
Send the letter that starts the clock and keeps the demand tied to the verified Wisconsin deadline.
build a Wisconsin demand letter
If the landlord stays silent, review landlord ignoring the deadline before choosing the next step.