Does a Wisconsin Landlord Have to Give an Itemized List of Security Deposit Deductions?
Reading this because of your own Wisconsin lease?
Upload it and the AI checks it against Wisconsin rules in about 2 minutes — free, no credit card.
Yes. Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06 requires a Wisconsin landlord who keeps any part of a security deposit to deliver a written, itemized statement of the deductions within 21 days after the day the tenant surrenders the premises (or the tenancy ends, if the tenant left early).
What Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06 requires
- Return deadline: 21 days after the day the tenant surrenders the premises (or the tenancy ends, if the tenant left early).
- Itemized deductions: required in writing.
- Forwarding address: not a statutory condition of getting the deposit back.
- Penalty for wrongful withholding: Violating ATCP 134.06 exposes the landlord to double the amount wrongfully withheld plus attorney's fees under Wis. Stat. § 100.20(5).
- Small claims limit: $10,000.
- Statute: Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06.
What a deduction list has to do
A list that says "cleaning and damages: $600" is not itemized. Each deduction should stand on its own with an amount, so you can check it against the move-in condition and the lease. Normal wear and tear is not a deduction in any state; a landlord who lists repainting a wall that was simply lived in has to show it was damage.
If no list arrives
A landlord who neither refunds nor itemizes within 21 days has missed the statute. Violating ATCP 134.06 exposes the landlord to double the amount wrongfully withheld plus attorney's fees under Wis. Stat. § 100.20(5). Write to the landlord, cite Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06, and ask for the refund or the list by a stated date.
Frequently Asked Questions
Q: Can a Wisconsin landlord deduct for normal wear and tear?
A: No. Ordinary wear from living in the unit is the landlord's cost. Deductions have to be for damage beyond that, unpaid rent, or other charges the lease and Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06 allow.
Q: What if the itemized list arrives but the deductions are wrong?
A: Dispute them in writing, deduction by deduction, with your move-in photos or checklist. The 21 days deadline and the penalty in Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06 still apply to the part of the deposit the landlord cannot justify.
Q: Can I sue my landlord in small claims court for my Wisconsin deposit?
A: Yes. Wisconsin small claims court hears claims up to $10,000, which covers most deposits plus the statutory penalty. A dated written demand that cites Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06 is the usual first exhibit.
Sources Checked
- Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06 (the Wisconsin statute cited above)
- LeaseLenses Wisconsin deposit and notice data set, last reviewed 2026-09-19; the same data powers the Wisconsin document tools
- Wisconsin landlord-tenant overview and the Wisconsin deposit rules page
This page is general legal information for Wisconsin, not legal advice. Statutes change; read the current text before relying on a deadline in court.
Now check your own lease
This guide covers Wisconsin's rules. The free check tells you which ones your lease actually meets, misses, or waives.
Skip full upload for now
Paste one clause and get the first free verdict.
Use the exact wording about deposit, repairs, entry, notice, renewal, fees, waiver, or move-out. We keep this article's state-law context, show a free clause verdict first, and ask for payment only if the Action Packet is useful.
Free verdict includes
What to paste
Paid packet adds
Exact clause proof · Preferred, fallback, and minimum wording · Likely reply, evidence to keep, deadline radar, and PDF export
Have the lease open?
Copy 2-6 sentences from the clause into the box. No file or card is needed for the first verdict.
Turn this guide into your lease gap checklist
Check your Wisconsin security deposit clause before it costs you money
Choose the PDF or Word lease first. LeaseLenses previews whether the deposit amount, return deadline, deduction language, and notice terms create risk before you pay.
The free check runs first — no credit card. You only ever pay if the findings are worth keeping.
Security deposit terms LeaseLenses should verify in your lease
Readers searching deposit law usually need to know whether their actual clause is enforceable, not just the statewide rule.
- Deposit amount, extra pet deposits, and prepaid charges
- Return deadline, itemized deduction language, and forwarding-address requirements
- Move-in condition, interest/account handling, and dispute wording
Ready to test your own deposit clause?
Sign in once, then choose your lease. The free preview shows whether the deposit clause deserves attention; unlock the action packet from $49 only if it helps.