If you plan to rent a home or residence in Wisconsin, you can expect to provide a security deposit in addition to your first month’s rent. You are usually asked for the equivalent of one month’s rent for your deposit.

This deposit is meant to protect the landlord in case you break your lease, don’t pay your bills, or cause damage to the property, but it can make securing a place to live difficult if you’re generally living paycheck to paycheck.

Knowing both you and your landlord’s rights is an important part of renting, so

car

and renters insurance comparison app

Jerry

has compiled everything you need to know when renting in Wisconsin.

RECOMMENDED

Compare auto insurance policies

No spam or unwanted phone calls · No long forms

ZIP Code

Find insurance savings

What is Wisconsin law on security deposits?

A landlord in Wisconsin is expected to return your security deposit at the end of your lease, withholding only the amounts needed to pay for expenses as set out by law or your rental agreement.

Wisconsin Statute Section 704

sets out the rights and regulations for both landlords and tenants in the state.

What is the maximum security deposit a landlord can charge in Wisconsin?

Wisconsin does not have a legal limit on how much a landlord can request for a security deposit. But double-check your city or town’s regulations in case they have a bylaw in place to cap deposits.

Use your own judgment when dealing with a landlord. If you think they’re asking too much, it’s probably best to look for a place elsewhere.

How long does a landlord have to return a security deposit in Wisconsin?

Your landlord must return the full security deposit, excluding any amount legally withheld, within 21 days of any of the following:

The date the rental agreement ends, if the tenant has left the property by that date.

If the tenant moves out or is evicted before the end of the lease, the date the rental agreement ends—but if the landlord re-rents the property before the tenant’s initial rental agreement end date, then the date the new tenant’s agreement begins.

If the tenant stays past the rental agreement end date, the date the landlord learns the tenant has vacated or been removed from the premises.

What can a landlord withhold a security deposit for in Wisconsin?

As per

Section 704.28 of the Wisconsin Statute Landlord and Tenant Chapter

, the following are reasons your landlord can withhold part of your security deposit:

Damage or neglect caused by the tenant, or waste left on the property by the tenant

Rent left unpaid for which the tenant is legally responsible

Utility charges, which the tenant is legally responsible for, not included in the rent and left unpaid. These are things like utility payments that the tenant would have made to the landlord or utility payments that the tenant would have made directly to the utility companies for which the landlord would then be held liable.

Unpaid monthly municipal permit fees due from the tenant, which the landlord would then become liable for.

Nonstandard rental provisions. These are liabilities that are not specifically covered under the law but may have been specified in advance by the landlord when signing the lease. For it to be binding, it would need to be outlined in a written document titled “Nonstandard Rental Provisions” and signed by the tenant.

A landlord cannot withhold part of your security deposit to cover the costs of normal wear and tear, or damages that a tenant could not be reasonably held responsible for.

Key Takeaway You are legally entitled to get your security deposit back at the end of your tenancy, though if you cause damage or don’t pay your rent all or part of the deposit can be withheld by your landlord.

MORE: How to find the best renters insurance

How to get your security deposit back in Wisconsin

A good landlord will ensure you get your money back in time, but we aren’t all lucky enough to have our living situation run smoothly. If your landlord does not return your deposit within 21 days or withholds part of your deposit for reasons not allowed by law, you should follow the below steps:

Write a letter to the landlord. The

Wisconsin Tenant Resource Center

provides a

sample letter you can use as a template

. Be sure to mention any deposit amounts withheld you disagree with and laws that have been violated. Give your landlord a reasonable deadline by which to return the money and let them know you will take further action if they fail to return the deposit.

If Step 1 leads nowhere, file a complaint with the

Department of Agriculture, Trade, and Consumer Protection

. They will contact your landlord to address the issue. The consumer protection hotline can be reached at (800) 422-7128 or

DATCPHotline@wisconsin.gov

Sue your landlord in small claims court. While you can sue any time it suits you, following the above steps first will present better should you have to go to court. You can sue for double the amount wrongfully withheld plus your court costs and attorney’s fees.

If you plan to sue, go to

your county’s small claims court

and fill out a “summons and complaint” form. You will have to pay a filing fee of $94.50 unless you can prove low-income status. This fee will be covered by your landlord if you win your case.

The Wisconsin Tenant Resource Center has

a detailed guide

on all you need to know when proceeding to small claims court. Winning a case is easier than you might think, and you can represent yourself if you have the confidence.

Note that if your landlord pays you back before your court date you can no longer sue. Your landlord may suddenly show you the money to avoid the chance of paying double damages in court.

MORE:

Car Insurance in Wisconsin

How to save money on car and renters insurance in Wisconsin

Getting your money back from a sketchy landlord can be stressful, to say the least. If you want to save time and avoid stress when it comes to your insurance, check out broker app

Jerry

Answer a few questions and in just 45 seconds you’ll be presented with car and renters insurance quotes from the country’s top providers at the lowest prices.

Jerry

customers save an average of $887 a year on car insurance alone, making it the top-rated insurance app in America.

“
Jerry
let me customize my preferred auto and renters insurance so that I saved $100. I never even considered looking into Travelers but now they’re my policyholders! This app rocks.” —Jamie A.

Compare renters insurance rates in minutes

* checking your rate won’t affect your credit score

Find Rates & Get Covered

* checking your rate won’t affect your credit score

Can a security deposit be used as last month’s rent in Wisconsin?

If this is agreed in advance by both parties in the rental agreement, yes, the deposit can be used for last month’s rent. If not specifically agreed in advance, the deposit should be handled separately from rent.

Can a landlord charge for cleaning costs in Wisconsin?

A landlord can include a clause in the lease that requires the tenant to have a professional cleaning done before vacating the premises.

However, because a need for cleaning is not damaged, if the tenant doesn't clean the place, these costs can't be taken from the deposit. The landlord would have to sue the tenant for the costs of cleaning.

You could save 15% or more on renters insurance by bundling

Bundle your renters and auto insurance with Jerry and save!

Try Jerry