Your Wisconsin security deposit demand letter

November 5, 2026

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

Dear Property Manager:

I rented the premises at 77 Rented Avenue, Springfield from you. My tenancy ended and I moved out on August 27, 2026. I paid a security deposit of $2,400.00.

You have returned $700.00 of that deposit. $1,700.00 remains unreturned.

Under Wis. Stat. § 704.28; Wis. Admin. Code § ATCP 134.06, you were required to return the deposit and an itemized statement of any deductions no later than September 17, 2026 — 21 calendar days after the later of the date the tenancy ended and the date you moved out. That date passed 49 days ago, and I have received no payment of the balance.

You did not give me a written, itemized statement of the deductions you are keeping, although Wis. Stat. § 704.28; Wis. Admin. Code § ATCP 134.06 requires one.

1. The amount I am asking you to return

The deposit I paid was $2,400.00. You returned $700.00. The balance I am asking you to return is $1,700.00.

2. What the statute says

The rule that applies is Wis. Stat. § 704.28; Wis. Admin. Code § ATCP 134.06. The state's official source for it is listed for this state on locafact.com, and the fragments below are quoted from the statute text captured for this letter.

The statute describes the deductions a landlord may make as follows: Wis. Stat. 704.28(4) and Wis. Admin. Code ATCP 134.06(2): the landlord must deliver or mail the full security deposit, less amounts that may be withheld, within 21 days after (a) the rental agreement's termination date where the tenant vacates on that date, (b) the termination date where the tenant vacates or is evicted before it (or, if the landlord rerents before that date, the date the new tenant's tenancy begins), or (c) the date the landlord learns the tenant vacated or was removed where the tenant vacates or is evicted after the termination date. Withholding is limited to amounts reasonably necessary for tenant damage, waste or neglect, unpaid rent for which the tenant is legally responsible, unpaid utility charges owed under the rental agreement or to a government-owned utility, unpaid municipal permit fees under s. 66.0435(3), and payments authorized by a separately titled 'NONSTANDARD RENTAL PROVISIONS' document specifically identified to the tenant; nothing may be withheld for normal wear and tear (including routine painting or carpet cleaning) or for losses the tenant cannot reasonably be held responsible for. Under ATCP 134.06(4)(a), if any portion is withheld the landlord must, within the same 21 days, deliver or mail a written statement accounting for all amounts withheld, describing each item of physical damage or other claim and the amount withheld for it; a landlord may not intentionally misrepresent or falsify any claim. Failure of the postal service to deliver to a tenant who left no forwarding address is not by itself a violation where the landlord otherwise complied (ATCP 134.06(5)).

The deadline is measured in calendar days: 21 calendar days after the later of the date the tenancy ended and the date you moved out, which for the dates above is September 17, 2026.

“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 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 sub. (3), within 21 days after any of the following:”

“If any portion of a security deposit is withheld by a landlord, the landlord shall, within the time period and in the manner specified under sub. (2), deliver or mail to the tenant a written statement accounting for all amounts withheld.”

“Any person suffering pecuniary loss because of a violation by any other person of s. 100.70 or any order issued under this section may sue for damages therefor in any court of competent jurisdiction and shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee.”

3. What the statute adds if the deposit is not returned

Because if the condition the statute sets out is met, Wis. Stat. § 704.28; Wis. Admin. Code § ATCP 134.06 may also allow amounts above the unreturned balance:

• damages equal to the amount wrongfully withheld (2× in total; the amount above the unreturned balance): $1,700.00

• reasonable attorney’s fees

• court costs

On the figures above, that is up to $1,700.00 in addition to the $1,700.00 unreturned balance — a possible total of up to $3,400.00. These amounts are not owed unless the condition the statute sets out is established; they are stated as the possible exposure, not as a demand.

4. What I am asking you to do

Please pay me $1,700.00 within ten (10) days of the date of this letter.

A check payable to me can be sent to the address at the top of this letter. If you believe some part of the deposit was properly kept, send me an itemized statement with the receipts or invoices for each amount.

If I do not receive payment or a written response within that time, I will consider filing a claim in small claims court for the unreturned deposit and any amount the statute allows, and I will keep this letter and the certified-mail record as evidence.

This is a self-help document, not legal advice, and no outcome is guaranteed.