How to Write a Legal Security Deposit Demand Letter in Wisconsin
In Wisconsin, security deposits are governed by Wisconsin Statutes § 704.28. Landlords must return your deposit within 21 days of move-out, and wrongful withholding can expose them to damages up to 2× the wrongfully withheld amount.
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Generate free preview →Wisconsin security deposit law at a glance
- Governing statute
- Wisconsin Statutes § 704.28
- Cite in your letter as
- Wis. Stat. § 704.28
- Return deadline
- 21 days after move-out
- Penalty for bad faith
- 2× the wrongfully withheld amount
- Small claims limit
- $10,000
5 steps to a demand letter that gets a response
- 1
State the facts up front
Open with your deposit amount, the property address, and your move-out date. Make clear you are formally disputing the deductions — not asking a favor.
- 2
Cite Wis. Stat. § 704.28
Reference Wisconsin Statutes § 704.28 by name. Wisconsin landlords must return the deposit within 21 days and may only withhold for damage beyond normal wear and tear. Naming the statute signals you know your rights.
- 3
Itemize every disputed charge
List each deduction and explain why it is not lawful — routine cleaning, repainting, and ordinary carpet wear are the landlord's cost of doing business, not yours.
- 4
State the penalty exposure
Spell out that wrongful withholding under Wis. Stat. § 704.28 can expose the landlord to damages up to 2× the wrongfully withheld amount. This is what moves landlords to settle.
- 5
Set a deadline and send certified
Demand return within 21 days and send the letter via USPS Certified Mail with Return Receipt. The receipt is your proof of delivery if you end up in Wisconsin small claims court (limit $10,000).
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Frequently Asked Questions
What law governs security deposit demand letters in Wisconsin?
Wisconsin Statutes § 704.28 (cited in letters as Wis. Stat. § 704.28) governs security deposits in Wisconsin. It requires return within 21 days of move-out and limits deductions to damage beyond normal wear and tear.
How much can I demand in Wisconsin?
You can demand the full amount that was wrongfully withheld. If the landlord acted in bad faith, Wis. Stat. § 704.28 allows for damages up to 2× the wrongfully withheld amount, which you can pursue in small claims court (Wisconsin limit: $10,000).
Do I have to send the demand letter by certified mail in Wisconsin?
It is not always legally required, but it is strongly recommended. Certified mail with a return receipt proves the landlord received your demand and started the clock — essential evidence if you file in Wisconsin small claims court.
Can I see a Wisconsin demand letter before I pay?
Yes. You can generate a free instant preview of a Wisconsin security deposit demand letter — citing Wis. Stat. § 704.28 — with no account or payment required.
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