1202 Williamson Street, Suite 102, Madison, WI 53703 | Rental Rights (608) 257-0006 | Administration (608) 257-0143 | Fax (608) 286-0804
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State law defines a security deposit as "all of the money" a tenant pays to a landlord before signing a lease, including any prepaid rent above one month's rent. Deposits are kept as a guarantee the tenant will pay the rent and not damage the apartment.
State laws place no limit on the amount landlords can charge for security deposits. There are limits in the City of Madison and in Fitchburg.
Probably not, since interest payments are not required under state law. Your city may require that landlords pay interest; we are only aware of special rules in the City of Madison and in Fitchburg regarding annual interest on security deposits.
Your landlord should give you a check-in form; if not, make your own or get one from Tenant Resource Center (also on our website). Landlords must allow tenants at least seven days to fill out a check-in form. Make a copy of the completed check-in form for yourself and give the original to your landlord.
When filling out the check-in form, be thorough. The landlord cannot charge you for any existing damages that you include on the check-in form. Note problems such as the following:
If you have a friend who isn't living with you, have them witness the conditions at move-in. Have them initial your check-in form or write a separate form about what they saw.
Carefully photograph the apartment when you move in, being especially careful to document all damage. Give one set of photos to your landlord after moving in and keep the negatives or a second set for yourself.
If you have a camcorder, document the condition of the apartment, especially damaged areas.
Try to schedule a check-out appointment with your landlord. If your landlord agrees to do this, make sure you leave with a signed copy of the check-out form. If the landlord notes things are dirty or damaged, offer to clean or fix them.
If your landlord refuses to go through the apartment with you, complete your own check-out form and take pictures documenting the condition of the apartment. Consider having the same witness who was present for check-in help with the check-out.
If your landlord presents you with a check-out form that indicates damages that you or your guests did not cause, do not sign it. Instead, complete your own check-out form and keep a copy. You should also take pictures to prove the condition of the apartment. Leave your forwarding address on the check-out form or mail it to the landlord. Keep copies of everything!
The landlord has 21 days after the end of your lease to send you either the full security deposit or an itemized list of deductions (ATCP 134.06(2)(a)).
If you move out before the lease is over, return the keys to the landlord and write a letter stating which day you are moving. Give one copy to the landlord and keep one for yourself. The landlord will have to return the security deposit within 21 days after you "surrender the premises." You must notify the landlord in writing if you move out early, otherwise you will have to wait until the lease is over to get your security deposit back (ATCP 134.06(2)(b)).
If the landlord does not return the full deposit or a detailed list of deductions within 21 days after you move out, you can sue the landlord for double the amount of the deposit plus court costs and reasonable attorney fees (Wis. Stat. 100.20(5)).
Your landlord can deduct for reasons other than those listed above if you initialed provisions on separate page titled "NONSTANDARD RENTAL PROVISIONS" when you signed your lease. This may include subletting fees, late fees, etc.
Landlords may never deduct for "normal wear and tear" or for other losses that the tenant is not responsible for under the law even if the tenant signed a nonstandard rental agreement authorizing these deductions (ATCP 134.06(3)(b) & (c)).
It is illegal to deduct for routine carpet cleaning from the security deposit-even if you signed a lease that states that you must pay for carpet cleaning. The exception is if you damaged the damaged beyond "normal wear and tear." If your landlord deducted money from your security deposit for routine carpet cleaning, inform your landlord in writing that it is illegal. If your deposit is not returned, file a complaint with Consumer Protection by calling (800) 422-7128 or online. Be aware that the landlord may still pursue this in small claims court.
A tenant no longer has to wait to cash a check until the security deposit dispute is settled. Cashing a partial refund check is not considered accepting the amount as payment in full, and it does not waive the tenant's rights to sue for the rest of the deposit (ATCP 134.06(2)(e)).
If the landlord returns the security deposit in the form of a check, all tenants' names should be on it unless tenants indicate otherwise in writing (ATCP 134.06(2)(d)).
If the landlord violates one of the rules mentioned in this brochure, you may take the following actions:
This letter should include the following:
You can easily file a complaint with the Department of Agriculture, Trade and Consumer Protection. The bureau keeps complaint records and will contact the landlord about the violation. For a complaint form, call or (800) 422-7128 or online.
After the deadline in your letter expires and the landlord doesn't respond, you will want to consider filing against your landlord in small claims court for double what was wrongfully withheld plus court costs and reasonable attorney fees.
You must go to your county small claims court, fill out a simple "summons and complaint" form and pay a $85 filing fee (in Dane County). To contact your county's courthouse, go to the Wisconsin Circuit Court System. The landlord may not contest your case, may settle or may sue you.
Earnest money - Any money an applicant gives a landlord before the application is accepted or denied
Security deposit - All of the money a tenant pays to a landlord before signing a lease, including any prepaid rent above one month's rent
Please Note: This information is accurate for Wisconsin residents and property owners only.
What's NEW at TRC:
NEW Dane County rental assistance program
STILL waiting for your deposit?
Security Deposits in...
Fall Moving Week Survival Guide
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