Wisconsin landlords who wrongfully withhold deposits may owe up to 2× the deposit amount. Learn your rights under Wis. Stat. §704.28.
Analyze My Wisconsin Claim (Free)Law verified March 1, 2026
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Check My DepositIf your Wisconsin landlord wrongfully withholds your deposit, you may be entitled to recover up to 2 times the amount wrongfully kept under Wis. Stat. §704.28(4). This is on top of recovering the deposit itself. The multiplier is the penalty for the violation. Double the amount wrongfully withheld.
No intent required. Miss the 21-day deadline and the 2x cap can apply under Wis. Stat. §704.28(4). Your landlord cannot avoid it by claiming forgetfulness or confusion.
Penalty
If your Wisconsin landlord wrongfully withholds your deposit, you may be entitled to recover up to 2 times the amount wrongfully kept under Wis. Stat. §704.28(4). This is on top of recovering the deposit itself. The multiplier is the penalty for the violation. Double the amount wrongfully withheld.
No intent required. Miss the 21-day deadline and the 2x cap can apply under Wis. Stat. §704.28(4). Your landlord cannot avoid it by claiming forgetfulness or confusion.
Example
Wis. Stat. §704.28(4)
To recover penalties under Wis. Stat. §704.28(4), you generally need to: document the move-out date and the missed deadline, send a written demand letter citing the statute, and, if necessary, file in Wisconsin small claims court (up to $10,000).
A demand letter that specifically cites Wis. Stat. §704.28(4) and calculates the potential Up to 2x your deposit often prompts landlords to settle without going to court.
Questions
Your Wisconsin landlord has 21 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by Wis. Stat. §704.28.
If your landlord misses the 21-day deadline, you may be entitled to up to 2× the amount wrongfully withheld under Wis. Stat. §704.28(4). This penalty applies automatically. You don't need to prove intent.
No. Wisconsin law under Wis. Stat. §704.28 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.
Under Wis. Stat. §704.28(4), you may recover up to 2x the deposit amount wrongfully withheld. This is automatic. No need to prove intent.
No. The penalty under Wis. Stat. §704.28(4) applies automatically when the 21-day deadline is missed. Intent is not required.
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