What are the laws governing the return of tenants' security deposits?

In Wisconsin, the laws governing the return of tenants’ security deposits are outlined in the Wisconsin Statutes 704.28. This law explains how landlords must handle security deposits and outlines the procedures for the return of these deposits to tenants. Landlords must place the tenant’s security deposit in a trust account in a Wisconsin bank. Security deposits must not be “commingled” with the landlords’ own money, and landlords must provide an itemized list of deductions from the security deposit within 21 days of the tenant’s vacating the premises. This list must include the amount deducted, the reason for the deduction, and the remaining balance. Any remaining funds from the security deposit must be returned to the tenant within 21 days of the tenant’s vacating the premises. If the tenant has provided a forwarding address, the landlord must mail the check for the security deposit to that address. If the tenant has not provided a forwarding address, the landlord can keep the security deposit. If a landlord fails to follow these procedures, they may be liable to the tenant for a penalty of up to two times the amount of the security deposit plus any interest earned on the deposit. Additionally, the tenant may be able to recover court costs and reasonable attorney fees. Therefore, it is important for landlords to follow the laws governing the return of tenants’ security deposits in Wisconsin.

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