Wisconsin Security Deposit Demand Letter (Wis. Stat. § 704.28)
Moved out and still waiting on your deposit? A clear, written demand is usually the first step — and often the last one needed. Answer the questions below and your letter fills itself in as you type.
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[Your forwarding address]
October 15, 2026
[Landlord or property manager name]
Re: Demand for return of security deposit — [Rental address]
Dear [Landlord or property manager name],
I was a tenant at [Rental address] and moved out on [Move-out date]. At the start of my tenancy I paid a security deposit of [Deposit amount ($)]. So far none of my deposit has been returned, and I have not received an itemized statement of deductions.
Under Wisconsin Statutes § 704.28 and ATCP 134.06, a landlord must return the security deposit, with a written statement describing each item withheld and the amount for it, within 21 days after the tenancy ends. That 21-day period has now passed without a full refund or a proper statement.
Please send [Deposit amount ($)] to me at the forwarding address above within 14 days of the date of this letter. If you believe you are entitled to keep any part of the deposit, please send a written, itemized statement of each deduction, with copies of receipts or invoices.
If I have not received the deposit or a proper itemized statement by October 29, 2026, I intend to file a claim in small claims court, where I may ask for twice the amount wrongfully withheld, plus court costs and reasonable legal fees.
I would prefer to resolve this without going to court, and I am keeping a copy of this letter and proof of mailing for my records.
Sincerely,
[Your full name]
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How security deposits work in Wisconsin
Wisconsin landlords must return the security deposit, minus allowed deductions, within 21 days. If the tenant moves out when the lease ends, the clock starts on the termination date; if the tenant leaves early, it starts when the lease would have ended or when a new tenant's tenancy begins, if that is sooner. Deductions are limited to tenant damage, unpaid rent, certain unpaid utilities and fees, and items listed in a separate nonstandard rental provisions document.
If any money is kept, the landlord must deliver or mail a written statement within the same 21 days describing each item of damage or other claim and the amount withheld for it. Landlords cannot deduct for normal wear and tear, such as routine painting or carpet cleaning without unusual damage, and cannot falsify any claim.
Wisconsin's deposit rules are enforced through the state's consumer protection laws. A tenant who loses money because of a violation can sue for twice the amount of the loss, plus costs and reasonable legal fees. Tenants can also file a complaint with the Department of Agriculture, Trade and Consumer Protection.
What to do, step by step
Fill in your details
Answer the questions above. Your letter updates live as you type, so you can check every detail before you send it.
Send it in a way you can prove
Mail the letter by certified mail with return receipt and keep the receipt. If your lease lists an email address for notices, send a copy there too.
Wait for a reply
Give your landlord the 14 days stated in the letter. For reference, Wisconsin's own deadline under Wis. Stat. § 704.28 is 21 days after move-out.
Gather your evidence
Collect your lease, move-in and move-out photos, any inspection checklist, rent receipts and every message about the deposit.
File in small claims if needed
If the deposit still doesn't come back, you can file in small claims court (Wisconsin limit: $10,000, rising to $15,000 on January 1, 2027). Bring this letter and your proof of mailing.
What if the landlord ignores the letter?
Silence doesn't end the matter. Your letter creates a dated record that you asked for the deposit back and gave a reasonable deadline — exactly what a small claims judge will want to see.
In Wisconsin, the rules are set out in Wisconsin Statutes § 704.28 and Wisconsin Administrative Code ATCP 134.06. If a landlord keeps a deposit without following them, a court may award twice the amount wrongfully withheld, plus court costs and reasonable legal fees.
Small claims court is designed for people representing themselves: filing fees are modest, forms are short, and hearings are informal. In Wisconsin the limit is $10,000, rising to $15,000 on January 1, 2027, which covers nearly every deposit dispute.
Example Wisconsin security deposit demand letter
A filled-in sample with made-up details, so you can see the finished result.
Jordan Rivera
88 Pine Ave, Springfield
October 5, 2026
Oakview Property Management
500 Market St, Suite 200, Springfield
Re: Demand for return of security deposit — 123 Elm St, Apt 4B, Springfield
Dear Oakview Property Management,
I was a tenant at 123 Elm St, Apt 4B, Springfield and moved out on August 31, 2026. At the start of my tenancy I paid a security deposit of $1,800.00. So far you have returned $300.00, leaving $1,500.00 outstanding.
Under Wisconsin Statutes § 704.28 and ATCP 134.06, a landlord must return the security deposit, with a written statement describing each item withheld and the amount for it, within 21 days after the tenancy ends. That 21-day period has now passed without a full refund or a proper statement.
I returned all keys on August 31 and took dated photos of every room, which show the unit clean and undamaged apart from normal wear and tear.
Please send $1,500.00 to me at the forwarding address above within 14 days of the date of this letter. If you believe you are entitled to keep any part of the deposit, please send a written, itemized statement of each deduction, with copies of receipts or invoices.
If I have not received the deposit or a proper itemized statement by October 19, 2026, I intend to file a claim in small claims court, where I may ask for twice the amount wrongfully withheld, plus court costs and reasonable legal fees.
I would prefer to resolve this without going to court, and I am keeping a copy of this letter and proof of mailing for my records.
Sincerely,
Jordan Rivera
Frequently asked questions
How long does a Wisconsin landlord have to return a deposit?
21 days. If you moved out when your lease ended, the clock starts on the termination date. If you left early, it starts when the lease ends or when a new tenant's tenancy begins, if that comes first.
What can't a Wisconsin landlord deduct?
Normal wear and tear, such as routine painting or carpet cleaning where there is no unusual damage. Charges for reasons beyond the standard list must be in a separate nonstandard rental provisions document you were shown before signing.
What can I recover if my Wisconsin landlord wrongfully keeps my deposit?
Because the deposit rules are part of Wisconsin's consumer protection laws, a tenant can sue for twice the amount wrongfully withheld, plus costs and reasonable legal fees. You can also file a complaint with the state consumer protection office.
Can I sue for my deposit in Wisconsin small claims court?
Yes. Wisconsin small claims court generally hears money claims of up to $10,000, and a 2025 law raises that limit to $15,000 for cases filed on or after January 1, 2027. Bring your lease, photos and this letter.
Do I have to send a demand letter before going to small claims?
Many courts expect you to have asked for the money first, and a written demand is the simplest proof that you did. It also resolves a large share of disputes on its own.
How should I send the letter?
Use a method that gives you proof of delivery, such as certified mail with return receipt. Keep a copy of the letter and the receipt together.
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