Getting The Deposit Back
Wis. Stat. 704.28 — the deposit back within 21 days, less only what the statute lets a landlord keep
21 days. A Wisconsin landlord delivers or mails the full deposit, less what the statute allows to be withheld, within 21 days. The 21 days run from the day the rental agreement ends, when the tenant leaves on that day. When the tenant leaves or is evicted earlier, they run from the day the agreement ends or, if the landlord rerents first, from the day the new tenancy begins. When the tenant leaves after the end date, they run from the day the landlord learns the tenant has gone.
The landlord may withhold only amounts reasonably necessary to pay for:
- Damage, waste or neglect of the premises by the tenant.
- Unpaid rent the tenant is legally responsible for, subject to the landlord's duty to mitigate.
- Utility service the landlord provided under the rental agreement but did not include in the rent.
- Direct utility service from a government owned utility, to the extent the landlord becomes liable for the tenant's nonpayment.
- Unpaid monthly municipal permit fees assessed against the tenant, to the same extent.
- Any other reason in a separate document titled "NONSTANDARD RENTAL PROVISIONS" that the landlord went over with the tenant before the tenant entered the rental agreement.
Not for normal wear and tear. Nothing in the section lets a landlord withhold any amount for normal wear and tear, or for damages or losses the tenant cannot reasonably be held responsible for under applicable law. A nonstandard provision cannot change that.
The check-in sheet, and 7 days. A landlord gives a new residential tenant a check-in sheet at the start of the occupancy for comments on the condition of the premises, and the tenant has 7 days from moving in to complete it and return it. A renewal does not need a new one.
A tenant who initials or signs next to a nonstandard provision is rebuttably presumed to have had it identified and to have agreed to it. The deposit section applies to residential tenancies only.
Sources for this section (2)
- Wis. Stat. 704.28 — Withholding from and return of security deposits
- Wis. Stat. 704.08 — Check-in sheet
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.