Wisconsin Security Deposit Demand Letter
Direct answer
In Wisconsin, the landlord must return the deposit within 21 calendar days (tenant vacates on the termination date of the rental agreement) or 21 calendar days (tenant vacates or is evicted before the termination date) or 21 calendar days (tenant vacates or is evicted after the termination date of the rental agreement). The deadline is measured from this trigger: 21 calendar days (tenant vacates on the termination date of the rental agreement): after the rental agreement terminates; 21 calendar days (tenant vacates or is evicted before the termination date): after the tenant's rental agreement terminates, or after the new tenant's tenancy begins if re-rented earlier; 21 calendar days (tenant vacates or is evicted after the termination date of the rental agreement): after landlord learns tenant vacated or was removed under s. 799.45(2). The verified state formula is civil recovery of double the amount wrongfully withheld plus costs and reasonable attorney's fees under unfair trade practice framework (ATCP 134 via Wis. Stat. ch. 100); statute § 704.28 itself states timing and withholding rules.
Key facts
| Deadline | 21 calendar days (tenant vacates on the termination date of the rental agreement); trigger: after the rental agreement terminates |
|---|---|
| Deadline (branch 2) | 21 calendar days (tenant vacates or is evicted before the termination date); trigger: after the tenant's rental agreement terminates, or after the new tenant's tenancy begins if re-rented earlier |
| Deadline (branch 3) | 21 calendar days (tenant vacates or is evicted after the termination date of the rental agreement); trigger: after landlord learns tenant vacated or was removed under s. 799.45(2) |
| Penalty formula | civil recovery of double the amount wrongfully withheld plus costs and reasonable attorney's fees under unfair trade practice framework (ATCP 134 via Wis. Stat. ch. 100); statute § 704.28 itself states timing and withholding rules |
| Bad faith required | No |
| Itemization required | Yes |
| Interest on deposit | No |
| Maximum deposit | No statewide statutory maximum. Amounts prepaid beyond one month's rent are treated as security deposit for return/withholding rules. |
| Forwarding address required | No |
| Small claims limit | $10,000 (statewide small claims (confirm current Wis. Stat. small-claims cap in county of filing)) in Small Claims Court (circuit court small claims procedure) |
| Statute citation | Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06 |
Statute says
A landlord shall deliver or mail to a tenant the full amount of any security deposit paid by the tenant, less any amounts that may be withheld under subs. (1) and (2), within 21 days after any of the following: (a) If the tenant vacates the premises on the termination date of the rental agreement, the date on which the rental agreement terminates. (b) If the tenant vacates the premises or is evicted before the termination date of the rental agreement, the date on which the tenant's rental agreement terminates or, if the landlord rerents the premises before the tenant's rental agreement terminates, the date on which the new tenant's tenancy begins. (c) If the tenant vacates the premises or is evicted after the termination date of the rental agreement, the date on which the landlord learns that the tenant has vacated the premises or has been removed from the premises under s. 799.45 (2).
What this means
Read the deadline, trigger, and penalty together before sending a letter. Match the dates in your documents to the trigger listed above, then cite Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06 and request the deposit amount supported by your records.
Worked example
Use your actual deposit amount when you write the letter. For context, median rent in Wisconsin is $1,087 according to U.S. Census Bureau QuickFacts, American Community Survey 2020-2024 5-Year Estimates data as of .
- Milwaukee County: $1,101
- Dane County: $1,398
- Waukesha County: $1,356
- Brown County: $1,031
- Racine County: $1,080
Example demand basis: a deposit equal to the state median rent starts at $1,087 before applying the state formula: civil recovery of double the amount wrongfully withheld plus costs and reasonable attorney's fees under unfair trade practice framework (ATCP 134 via Wis. Stat. ch. 100); statute § 704.28 itself states timing and withholding rules.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Milwaukee County | Milwaukee County Circuit Court - Civil Division, Small Claims, Milwaukee | $10,000 (statewide small claims (confirm current Wis. Stat. small-claims cap in county of filing)) | $94.50 statewide small-claims filing fee; service is extra | Yes | Court site |
| Dane County | Dane County Circuit Court - Small Claims, Madison | $10,000 (statewide small claims (confirm current Wis. Stat. small-claims cap in county of filing)) | $94.50 statewide small-claims filing fee; service is extra | Yes | Court site |
| Waukesha County | Waukesha County Circuit Court - Small Claims, Waukesha | $10,000 (statewide small claims (confirm current Wis. Stat. small-claims cap in county of filing)) | $94.50 statewide small-claims filing fee; service is extra | Yes | Court site |
| Brown County | Brown County Circuit Court - Small Claims, Green Bay | $10,000 (statewide small claims (confirm current Wis. Stat. small-claims cap in county of filing)) | $94.50 statewide small-claims filing fee; service is extra | Yes | Court site |
| Racine County | Racine County Circuit Court - Civil Court, Small Claims, Racine | $10,000 (statewide small claims (confirm current Wis. Stat. small-claims cap in county of filing)) | $94.50 statewide small-claims filing fee; service is extra | Yes | Court site |
Free Wisconsin template, built from verified state data
I am requesting the return of my security deposit. The verified Wisconsin data for this page lists a 21 calendar days (tenant vacates on the termination date of the rental agreement) or 21 calendar days (tenant vacates or is evicted before the termination date) or 21 calendar days (tenant vacates or is evicted after the termination date of the rental agreement) return window and cites Wis. Stat. § 704.28; Wis. Admin. Code ATCP § 134.06.
Before you send
- Collect your lease, deposit receipt, and move-in records.
- Save photos, videos, and messages about move-out condition.
- Write down the move-out date you can prove.
- Confirm the forwarding address you gave the landlord.
- Send by certified mail when appropriate, and keep a copy of the final letter and delivery proof.
When this letter will NOT work
- The dispute is not about return of a security deposit.
- You need urgent court relief instead of a demand letter.
- You cannot identify the landlord or property manager to contact.
- Your documents point to a different state or a different kind of claim.
Typical mistakes
- Sending a letter before organizing the documents that prove the timeline.
- Demanding an amount that does not match the payment records.
- Leaving out the forwarding address or preferred response method.
- Mixing repair complaints into a deposit letter without separating the issues.
FAQ
Does Milwaukee have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Wisconsin law and local rules.
Does Madison have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Wisconsin law and local rules.
Does Green Bay have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Wisconsin law and local rules.
Does Kenosha have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Wisconsin law and local rules.
Can I use this if I do not know the exact deposit amount?
Use the amount shown in your lease, receipt, or move-in records. If records conflict, keep copies and avoid guessing in the letter.
Should I send evidence with the first letter?
Attach copies when they prove the basic facts, such as payment, move-out condition, forwarding address, or prior messages.
Can this page replace legal advice?
No. This page is self-help information for organizing a demand letter and checking the cited data before you act.
City data on this page currently includes Milwaukee, Madison, Green Bay, Kenosha, Racine, Appleton, Waukesha, Eau Claire.
Tenant resources
- Legal Action of Wisconsin - housing legal serviceslegal aid
- Tenant Resource Centertenant union in Madison
- Wisconsin DATCP - Landlord and Tenant Guideag consumer
- Wisconsin Court System - Guide to Small Claims Courtcourt self help