Short answer: In Wisconsin, your landlord's policy doesn't cover your belongings or your liability. Under Wis. Stat. §704.28, a landlord can withhold from a security deposit only amounts reasonably necessary for tenant damage, waste or neglect, unpaid rent, certain unpaid utilities and municipal permit fees, and a few other listed items. The landlord must deliver or mail the deposit, minus allowed amounts, within 21 days. When the clock starts depends on when and how you moved out.
This guide is general information for Wisconsin renters. It isn't legal advice, and local ordinances can add rules. Your lease and policy wording control.
Your landlord's policy covers the building, not your belongings or liability. A renters policy (HO-4) covers personal property, personal liability and loss of use; flood is generally excluded (see FloodSmart). Coverage basics: renters insurance. Roommates: whether renters insurance covers roommates. Liability: how much renters liability coverage you need.
Step 1: What can be withheld
Under Wis. Stat. §704.28(1), when returning a deposit the landlord may withhold only amounts reasonably necessary to pay for:
- tenant damage, waste or neglect of the premises
- unpaid rent you're legally responsible for
- unpaid utility service the landlord provided that isn't included in rent
- certain government-utility charges the landlord becomes liable for
- unpaid monthly municipal permit fees, and other items listed in the statute
Step 2: The 21-day clock
Under §704.28(4), the landlord must deliver or mail the deposit, minus allowed amounts, within 21 days after:
- the lease termination date, if you move out on that date
- the termination date, or the date a new tenant's tenancy begins if the unit is rerented first, if you leave early
- the date the landlord learns you've vacated, if you leave after the termination date
Wisconsin's administrative code (ATCP 134) adds rules on check-in sheets and itemized statements. Give your landlord a forwarding address.
Step 3: Winter claims
Frozen pipes and ice dams are common in Wisconsin. Renters insurance typically covers belongings for sudden water damage. Ask about sewer backup coverage. Flood is generally excluded; see FloodSmart.
Questions? Contact Alishahi Insurance or call (877) 711-4545. See insurance in Wisconsin.
Frequently asked questions
How long does a Wisconsin landlord have to return my deposit?
Within 21 days, measured from the date that applies to how you moved out, under Wis. Stat. §704.28(4).
What can a Wisconsin landlord withhold from a deposit?
Only amounts reasonably necessary for tenant damage, waste or neglect, unpaid rent, certain utilities and fees, and other listed items.
When does the 21-day clock start if I move out early in Wisconsin?
On the lease termination date, or when a new tenant's tenancy begins if the unit is rerented sooner.
Does Wisconsin renters insurance cover sewer backup?
Often only with an endorsement. Check your policy.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.