Calculate Your Wisconsin Deposit Deadline & Statutory Damages
Enter your move-out / key-surrender date and deposit amount to check whether your landlord is past the Wisconsin statutory deadline under Wis. Stat. § 704.28 & Wis. Admin. Code ATCP § 134.06.
Wisconsin Security Deposit Law Quick Facts
| Governing Statute | Wis. Stat. § 704.28 & Wis. Admin. Code ATCP § 134.06 |
|---|---|
| Return Deadline | 21 days (21 days after tenant surrenders the premises (lease termination date or re-rental date if vacated early)) |
| Maximum Deposit Cap | No statutory cap (Nonstandard Rental Provisions must be signed separately for any non-statutory deduction category) |
| Bad-Faith / Late Penalty | Up to 2.0x — Double (2x) pecuniary loss / double the amount wrongfully withheld plus mandatory court costs and reasonable attorney's fees under Wis. Stat. § 100.20(5) |
| Small Claims Court Limit | $10,000 |
| Interest Required? | No |
| Walkthrough / Inspection | Yes — landlord must give tenant a 7-day move-in Check-In Sheet to note pre-existing defects; Routine carpet cleaning or normal wear and tear deductions are strictly illegal in WI even if written into the lease |
Example: On a $1,800 deposit wrongfully withheld past the 21-day deadline in Wisconsin, statutory provisions allow claims up to $3,600 (2.0x) in Small Claims Court (limit $10,000).
Landlord Missed the Deadline or Overcharging for Normal Wear?
Get the complete Keep the Deposit Recovery System: our 48-Hour Move-Out & Dispute Handbook, 7 Fill-in-the-Blank Statutory Demand Letters (citing Wis. Stat. § 704.28 & Wis. Admin. Code ATCP § 134.06), the 50-State Reference Guide, and the Excel Prorated Depreciation Audit Workbook.
- Certified-mail demand templates for missed deadlines & itemized receipt requests
- HUD carpet, paint & appliance useful-life prorated deduction calculator (.xlsx + PDF)
- Room-by-room photo evidence log & small-claims preparation checklist
How to Dispute Unfair Carpet, Paint & Cleaning Deductions in Wisconsin
Even when a Wisconsin landlord mails an itemized list within 21 days, they cannot charge you for normal wear and tear or bill you 100% of the replacement cost for an aged asset that has already exhausted most of its useful life.
1. Useful-Life Proration
Standard apartment carpet depreciates over 5 years (60 months). If carpet was 4 years old at move-out, the maximum recoverable value is 20% — never a full replacement bill.
2. Statutory Demand Notice
Send a written demand via Certified Mail citing Wis. Stat. § 704.28 & Wis. Admin. Code ATCP § 134.06 and giving a firm 7-to-10 business day deadline before filing in Wisconsin Small Claims Court.
3. Prorated Audit Calculator
Use our free Carpet & Paint Depreciation Calculator to calculate the exact legal deduction cap in seconds.