Wisconsin Security Deposit Return Demand Letter Template

Under Wisconsin law, landlords must return your security deposit within 21 days. Use our free template to create your demand letter and get your deposit back fast.

Demand Letter Structure

1. Sender Information
[Your full name or company name]
[Mailing address]
[Email address]
[Phone number]
2. Date
[Date the letter is sent]
3. Recipient Information
[Recipient name or company name]
[Recipient mailing address]
4. Subject Line / Re:
[Re: Security Deposit Return — Demand for Resolution]
5. Statement of Claim
[Brief statement identifying the security deposit return dispute and the parties' relationship]
6. Date(s) of Incident
[Specific date, date range, or description of when the events occurred]
7. Description of Events
[Chronological, factual account of what happened, what was agreed, and how the recipient failed to perform]
8. Contract or Legal Reference
[Citation to the contract, agreement, invoice number, or statute that supports the claim — optional but strengthens the letter]
9. Demand for Relief
[Specific demand — typically return of the security deposit, itemized where possible]
10. Response Deadline
[Number of days the recipient has to respond — typically 7, 15, or 30 days from the date of the letter]
11. Consequences of Non-Response
[Statement that, if the demand is not met by the deadline, the sender will pursue arbitration, mediation, or litigation]
12. Governing State
This dispute is governed by the laws of Wisconsin.
13. Closing & Signature
[Sincerely / Respectfully,]
[Signature]
[Printed name and title]
14. Enclosures
[Supporting documents — for a security deposit return claim, typically the lease, move-in and move-out photographs, deposit receipt, written communications]
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Template Details

Claim Category
Security Deposit Return
Governing State
Wisconsin
Typical Use
Pre-litigation notice and settlement demand
Common Evidence
The lease, move-in and move-out photographs, deposit receipt, written communications

This template is provided for informational purposes only and does not constitute legal advice.

About Security Deposit Return Demand Letters

In Wisconsin, a security deposit return demand letter is a formal notice sent to a landlord who has failed to refund your security deposit as required by Wis. Stat. § 704.28. The statute mandates that landlords return the deposit within 21 days of lease termination, along with an itemized list of any deductions. Sending a demand letter is the critical first step in asserting your right to the deposit before escalating to small claims court. It demonstrates your good-faith effort to resolve the dispute amicably and can often result in prompt payment, avoiding litigation. If the landlord ignores your letter or wrongfully withholds the deposit, Wisconsin law allows you to recover up to twice the amount owed, plus court costs and attorney fees, under ATCP 134.06.

An effective Wisconsin security deposit demand letter should clearly state your full name, the rental property address, the dates of your tenancy, and the exact amount of security deposit paid, as shown on your deposit receipt. Reference Wis. Stat. § 704.28 and demand return of the full deposit within 14 days. Attach copies of all supporting evidence, including the signed lease, move-in and move-out photographs, your deposit receipt, and any written communications with the landlord about the deposit. Explain that if the landlord fails to comply, you will pursue the matter in small claims court, where you can seek up to $10,000, plus double damages and attorney fees under ATCP 134.06. Send the letter via certified mail, return receipt requested, to the landlord's last known address or registered agent, keeping a copy for your court filing.

Frequently Asked Questions

Under Wis. Stat. § 704.28, a landlord must return your security deposit within 21 days after you move out and surrender the premises. If the landlord plans to make any deductions, they must provide you with a written itemized list of those deductions within the same 21-day period. Failure to meet this deadline means the landlord waives the right to withhold any part of the deposit, and you may be entitled to recover the full amount plus additional penalties.

The statute of limitations for breach of a written contract in Wisconsin is six years under Wis. Stat. § 893.43. Since a lease is a written contract, you typically have up to six years from the date the deposit should have been returned to send a demand letter or file a lawsuit. However, acting promptly is advisable to preserve evidence and avoid any disputes about the condition of the property.

If your landlord fails to respond to your demand letter, you can file a claim in the small claims division of the Wisconsin circuit court for the county where the rental property is located. The small claims limit in Wisconsin is $10,000. You can also request double the amount wrongfully withheld, plus court costs and reasonable attorney fees, under ATCP 134.06. Gather all your evidence, including your demand letter and certified mail receipt, and file a summons and complaint with the court.

You should include copies of the signed lease agreement, your security deposit receipt or proof of payment, move-in and move-out photographs showing the condition of the unit, and any written communications with your landlord regarding the deposit. These documents support your claim and demonstrate that you left the property in acceptable condition, rebutting any potential deductions. Under Wisconsin law, the landlord must provide an itemized list of deductions, so your evidence can challenge any unjustified charges.

Wisconsin small claims courts handle disputes up to $10,000. If your security deposit plus any statutory damages (such as double damages under ATCP 134.06) exceed this amount, you may need to file in the regular civil court. However, the $10,000 limit is the maximum you can recover in small claims, and you can choose to waive any amount above that to stay in small claims court. Always calculate your total potential recovery before filing.

Yes. Under Wisconsin Administrative Code ATCP 134.06, which implements Wis. Stat. § 704.95, if a landlord wrongfully withholds your security deposit, you may be entitled to recover twice the amount wrongfully withheld, plus court costs and reasonable attorney fees. To claim double damages, you must demonstrate that the landlord's failure to return the deposit was not in good faith. Sending a demand letter that clearly states your rights under § 704.28 can help prove bad faith if ignored.

Address your demand letter to the landlord or property management company named on your lease. If the property is owned by an LLC or corporation, you should direct the letter to the registered agent or an officer of the company, as listed with the Wisconsin Department of Financial Institutions. For individual landlords, use their full legal name and the address where you sent rent payments. Sending to the correct party ensures your letter has legal effect and can be used as evidence in court.

Your demand letter should include your full name and contact information, the rental property address, the dates of your tenancy, the amount of security deposit paid, and a reference to Wis. Stat. § 704.28. State clearly that you expect the full deposit returned within a specific timeframe (e.g., 14 days) and explain that you have attached supporting evidence. Also mention that if the landlord fails to comply, you will pursue double damages and attorney fees in small claims court under ATCP 134.06.

No, you do not need an attorney to send a demand letter. A demand letter is simply a formal written request for payment, and you can draft and send it yourself using a template. However, if you later file a lawsuit in Wisconsin small claims court, you may represent yourself or hire an attorney. Under ATCP 134.06, a court may award you reasonable attorney fees if you prevail, so consulting a lawyer before filing could be worthwhile if your case is complex.

There is no strict requirement to send a demand letter before filing a lawsuit in Wisconsin, but it is strongly recommended. A demand letter demonstrates your good-faith effort to resolve the dispute and can prompt a quick settlement. If you go directly to court, you may miss an opportunity to settle early, and the landlord could argue you failed to mitigate damages. Sending a certified letter with specific demands also creates a clear paper trail that can be persuasive evidence before a judge.
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