Landlord & Housing · free generator
Wisconsin Security Deposit Demand Letter
You moved out, you left the place in decent shape, and your deposit still has not come back. In Wisconsin, that is not a judgment call: under Wisconsin Statutes section 704.28, your former landlord generally has 21 days to return your deposit or send an itemized statement of deductions. This generator produces a demand letter that cites Wis. Stat. § 704.28 by name, states the legal deadline, and puts your landlord on notice that small claims court — where Wisconsin hears claims up to $10,000 — is the next stop. You do not need perfect English or a lawyer for this; the statute does the arguing. Fill in the blanks below, send it by certified mail, and keep a copy — the letter that cites the actual law is the one that gets answered.
[Date]
[Your former landlord's name]
Re: Demand for return of security deposit — [Rental property address]
Dear [Your former landlord's name],
I am writing to formally demand the return of my security deposit of [Deposit amount] for the property at [Rental property address], which I have vacated and returned to your possession.
Under Wisconsin Statutes section 704.28 (Wis. Stat. § 704.28), you were required to return my security deposit, or provide a written itemized statement of any lawful deductions, within 21 days. Wisconsin's consumer-protection code (ATCP 134.06(4), Wis. Adm. Code) requires a written statement accounting for each item withheld and the amount, delivered within the same 21 days. Deductions for normal wear and tear are not permitted.
As of the date of this letter, I have received neither my deposit nor a lawful accounting for it. Please send the full amount of [Deposit amount] to my forwarding address: [Forwarding address for payment].
If I do not receive payment or a lawful written response within 10 days, I will file a claim in small claims court, where Wisconsin law allows claims up to $10,000, and I will pursue every remedy available under Wis. Stat. § 704.28, including any statutory damages for wrongful retention.
I would prefer to resolve this without litigation. Prompt payment will close the matter.
Sincerely,
[Your full name]
Know your rights
Security deposit law in Wisconsin
- Return deadline
- 21 days
- Governing statute
- Wis. Stat. § 704.28
- When the clock starts
- The refund is due within 21 days after the rental agreement's termination date if the tenant leaves on time; if the tenant leaves or is evicted early, from the termination date or the date a new tenant's tenancy begins (whichever is first); if the tenant leaves late or is evicted after the termination date, from the date the landlord learns the tenant is out.
- Itemized deductions
- Wisconsin's consumer-protection code (ATCP 134.06(4), Wis. Adm. Code) requires a written statement accounting for each item withheld and the amount, delivered within the same 21 days.
- If it's wrongfully kept
- Because ATCP 134 violations are unfair trade practices, a tenant can recover double the amount wrongfully withheld plus costs and reasonable attorney fees under Wis. Stat. § 100.20(5); willful violations can even be prosecuted criminally.
- Small claims limit
- $10,000 (Wis. Stat. § 799.01)
Worth knowing: Wisconsin splits deposit law between the statute and the Department of Agriculture, Trade and Consumer Protection's ATCP 134 rules — the double-damages remedy comes from the consumer-protection side. Nothing may be withheld for normal wear and tear or other losses the tenant cannot reasonably be held responsible for, and grounds beyond the statutory list are allowed only if the tenant separately signed a document titled 'NONSTANDARD RENTAL PROVISIONS.' New tenants must be told of their right to inspect and to receive a list of damages charged to the prior tenant. No interest is owed on deposits statewide.
Last reviewed August 2026 · General information, not legal advice · Read the statute
Field notes
Three tips before you send
- Send it by certified mail with a return receipt — that dated record is the first exhibit a Wisconsin small claims judge will ask about. Keep a copy with your move-out photos and lease.
- The refund is due within 21 days after the rental agreement's termination date if the tenant leaves on time; if the tenant leaves or is evicted early, from the termination date or the date a new tenant's tenancy begins (whichever is first); if the tenant leaves late or is evicted after the termination date, from the date the landlord learns the tenant is out.
- If the deadline has already passed, skip the text-message negotiation. Filing in small claims ($10,000 (Wis. Stat. § 799.01)) usually costs under $75, and most landlords pay between the summons and the hearing.
Other states
Deposit letters for every state
Straight answers
Questions people ask
How long does a landlord have to return a security deposit in Wisconsin?
The refund is due within 21 days after the rental agreement's termination date if the tenant leaves on time; if the tenant leaves or is evicted early, from the termination date or the date a new tenant's tenancy begins (whichever is first); if the tenant leaves late or is evicted after the termination date, from the date the landlord learns the tenant is out. The governing statute is Wisconsin Statutes section 704.28. Wisconsin's consumer-protection code (ATCP 134.06(4), Wis. Adm. Code) requires a written statement accounting for each item withheld and the amount, delivered within the same 21 days.
What can I recover if my landlord wrongfully keeps my deposit in Wisconsin?
Because ATCP 134 violations are unfair trade practices, a tenant can recover double the amount wrongfully withheld plus costs and reasonable attorney fees under Wis. Stat. § 100.20(5); willful violations can even be prosecuted criminally. These cases are built for small claims court — the Wisconsin limit is $10,000 (Wis. Stat. § 799.01), filing fees are modest, and no lawyer is needed.
Anything else Wisconsin renters should know about deposits?
Wisconsin splits deposit law between the statute and the Department of Agriculture, Trade and Consumer Protection's ATCP 134 rules — the double-damages remedy comes from the consumer-protection side. Nothing may be withheld for normal wear and tear or other losses the tenant cannot reasonably be held responsible for, and grounds beyond the statutory list are allowed only if the tenant separately signed a document titled 'NONSTANDARD RENTAL PROVISIONS.' New tenants must be told of their right to inspect and to receive a list of damages charged to the prior tenant. No interest is owed on deposits statewide.
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