Wis. Admin. Code ATCP 134.06: Wisconsin security deposit rules in plain English
What Wis. Admin. Code ATCP 134.06 says about Wisconsin security deposits: the cap, the deadline to return the deposit, itemized deductions and interest. Every fact below comes from our statute-checked data. Last verified 2026-10-22.
Quick answer
- Return deadline
- 21 days
- If you leave when the lease ends, the 21 days count from the lease end date. If you leave early, they count from the lease end date, or from the day a new tenant's tenancy starts if the landlord re-rents sooner.
- If you stay past the lease end, the 21 days count from the day the landlord learns you moved out or you are removed. You aren't required to give a forwarding address, but giving one helps the refund reach you.
- Maximum deposit
- No statutory cap on the deposit amount in Wis. Stat. 704.28 or ATCP 134.06. Any rent prepayment above one month's prepaid rent counts as a 'security deposit' and must be returned under the same rules (ATCP 134.06(2) note). Before accepting a deposit the landlord must tell the tenant in writing they may inspect the unit and report pre-existing damage, or request a list of damage charged to the previous tenant, by a deadline at least 7 days after the tenancy starts (ATCP 134.06(1)). Wisconsin law has no deposit-interest or separate-account rule in these sections.
- Itemized list
- Yes, an itemized list of deductions is required
- Interest
- No interest requirement in Wis. Stat. 704.28 or ATCP 134.06.
What Wis. Admin. Code ATCP 134.06 says, as we verified it
Deposit limit
No statutory cap on the deposit amount in Wis. Stat. 704.28 or ATCP 134.06. Any rent prepayment above one month's prepaid rent counts as a 'security deposit' and must be returned under the same rules (ATCP 134.06(2) note). Before accepting a deposit the landlord must tell the tenant in writing they may inspect the unit and report pre-existing damage, or request a list of damage charged to the previous tenant, by a deadline at least 7 days after the tenancy starts (ATCP 134.06(1)). Wisconsin law has no deposit-interest or separate-account rule in these sections.
Interest
No interest requirement in Wis. Stat. 704.28 or ATCP 134.06.
Full citation: Wis. Stat. 704.28; Wis. Admin. Code ATCP 134.06 Read the official text
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FAQ: Wis. Admin. Code ATCP 134.06
How long does a landlord have to return a deposit under Wis. Admin. Code ATCP 134.06?
Under Wis. Admin. Code ATCP 134.06, a Wisconsin landlord has 21 days to return the security deposit or send an itemized list of deductions. If you leave when the lease ends, the 21 days count from the lease end date. If you leave early, they count from the lease end date, or from the day a new tenant's tenancy starts if the landlord re-rents sooner. If you stay past the lease end, the 21 days count from the day the landlord learns you moved out or you are removed. You aren't required to give a forwarding address, but giving one helps the refund reach you.
Is there a limit on the security deposit in Wisconsin?
No statutory cap on the deposit amount in Wis. Stat. 704.28 or ATCP 134.06. Any rent prepayment above one month's prepaid rent counts as a 'security deposit' and must be returned under the same rules (ATCP 134.06(2) note). Before accepting a deposit the landlord must tell the tenant in writing they may inspect the unit and report pre-existing damage, or request a list of damage charged to the previous tenant, by a deadline at least 7 days after the tenancy starts (ATCP 134.06(1)). Wisconsin law has no deposit-interest or separate-account rule in these sections.
Does Wisconsin require an itemized list of deductions?
Yes, an itemized list of deductions is required. Citation: Wis. Stat. 704.28; Wis. Admin. Code ATCP 134.06.
Does the landlord have to pay interest on the deposit in Wisconsin?
No interest requirement in Wis. Stat. 704.28 or ATCP 134.06.
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Scan my Wisconsin leaseGeneral information only, not legal advice. Last verified 2026-10-22. Laws change; verify with the linked source or a licensed attorney.