ATCP 134.06: Wisconsin Security Deposit Rules

Check-in (134.06(1))

• Before accepting a security deposit, the landlord must tell the tenant in writing that, by a deadline at least 7 days after the tenancy starts, the tenant may inspect the unit and report pre-existing damage, and may request a list of damages charged to the previous tenant's deposit.
• If requested, the landlord must provide that list within 30 days of the request, or within 7 days after notifying the previous tenant of deductions, whichever is later.

21-day return (134.06(2))

• The landlord must deliver or mail the deposit, minus allowed deductions, within 21 days after the lease ends if you move out on time; if you leave early, after the lease ends or a new tenant's tenancy begins, whichever is first; if you leave late, after the landlord learns you've left.

Allowed deductions (134.06(3))

• Only amounts reasonably necessary for tenant damage, waste, or neglect; unpaid rent; unpaid landlord-provided utilities not included in rent; certain government utility charges and municipal permit fees; and items in a separate signed document titled "NONSTANDARD RENTAL PROVISIONS."
• No deductions for normal wear and tear. The rule's note gives routine painting or carpet cleaning without unusual damage as examples.

Itemized statement (134.06(4))

• Any withholding must come with a written statement, within the same 21-day period, describing each item and the amount withheld. A landlord may not intentionally misrepresent or falsify a claim.

Frequently asked questions

Sources

• Wis. Admin. Code ATCP 134.06 (official text)