General information about Wisconsin landlord-tenant law, not legal advice. Security-deposit disputes are one of the most common reasons Wisconsin landlords get sued — and one of the easiest to avoid.
The 21-day rule
Wisconsin gives you 21 days after a tenant surrenders the property to either return the full deposit or mail an itemized statement of deductions with whatever is left. The clock starts when the tenant vacates and returns the keys — not the lease end date. Miss it, and you expose yourself to penalties under ATCP 134, the state's residential rental practices rule.
What you can legally deduct
Under ATCP 134.06, deductions are limited to a short list:
- Unpaid rent and unpaid utility charges the tenant owed.
- Damage beyond normal wear and tear — holes in walls, broken fixtures, pet damage, not faded paint or worn carpet.
- Cleaning to return the unit to its move-in condition (only if the lease allows and it's beyond ordinary).
- Other amounts the lease specifically authorizes and that are allowed by law.
You cannot deduct for normal wear and tear. A tenant who lived there three years will leave nail holes and traffic-worn carpet. That's the cost of doing business, not a deduction.
Itemize like a court will read it
Vague deductions lose. "Cleaning — $200" invites a dispute. "Carpet cleaning, professional, receipt attached — $145" survives. For every deduction: describe it, attach the receipt or estimate, and reference your move-in and move-out photos. Document condition at both ends, every time.
The double-damages penalty
If you wrongfully withhold a deposit or blow the 21-day deadline, a tenant can sue. Under Wisconsin law, courts can award double the wrongfully withheld amount plus the tenant's reasonable attorney fees. A $1,200 deposit dispute can turn into a $2,400 judgment plus their lawyer's bill. This is why we treat the move-out walkthrough as seriously as we treat tenant placement.
A clean move-out checklist
- Photograph every room at move-in; tenant signs a condition report.
- At move-out, photograph again in the same order.
- Itemize deductions against the photos, with receipts.
- Mail the statement + remaining deposit within 21 days of surrender.
- Keep proof of mailing.
Where this connects
The 21-day deadline still applies after an eviction — a detail many DIY landlords miss. If you're working through a removal, read our Wisconsin eviction process guide too. And if tracking deposits, deadlines, and itemizations across multiple units sounds like a part-time job, that's because it is — it's part of what we handle for every managed property.
Questions about a specific deposit situation in Green Bay, De Pere, or anywhere in Brown County? Reach Becky or April — 7 days a week.