How do I dispute a security deposit return in Wisconsin?
Wisconsin's deposit rules are in ATCP 134.06 (Department of Agriculture, Trade & Consumer Protection administrative code), with enforcement under Wis. Stat. § 100.20.
1. 21-Day Return Rule
Within 21 days after the tenant surrenders the premises, the landlord must deliver or mail the deposit plus any required itemized statement of deductions to the tenant's last known address (ATCP 134.06(2)).
2. Itemized Statement Requirement
If any portion is withheld, the landlord must provide an itemized written accounting of all withholdings (ATCP 134.06(4)).
3. Pre-Move-In Inspection
The landlord must give the tenant a check-in form listing existing damages, or allow the tenant 7 days after occupancy to inspect and report defects (ATCP 134.06(1)).
4. Allowed vs. Prohibited Deductions
Permitted: unpaid rent, utilities owed under the lease, damages beyond ordinary wear and tear, mobile-home parking fees. Prohibited: ordinary wear and tear, routine cleaning, repainting after long tenancies (ATCP 134.06(3)(c) — explicitly excludes "routine painting and cleaning" from deductible damages).
5. Double Damages + Attorney's Fees
Violation of ATCP 134.06 is also a violation of Wis. Stat. § 100.20 (unfair trade practices). The tenant can recover double damages, court costs, and reasonable attorney's fees under § 100.20(5).
6. Demand & Small Claims
Send a written demand letter by certified mail. File in Wisconsin small claims court (up to $10,000). The statute of limitations is 6 years for breach of contract (Wis. Stat. § 893.43).
This is legal information, not legal advice.
- Landlord retaliating with bogus deductions after a tenant complaint
- High-value deposit (luxury Madison/Milwaukee rental) where doubling and attorney's fees combine
- Habitability defense claim alongside the deposit dispute
- Wis. Admin. Code ATCP 134.06
- Wis. Stat. § 100.20
- Wis. Stat. § 893.43
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.