Wisconsin Security Deposit Demand Letter
In Wisconsin a landlord must return your security deposit within 21 days. A wrongful withholding that violates ATCP 134.06 can expose the landlord to double damages plus costs and attorney fees. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Wisconsin tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. In Wisconsin the landlord must deliver or mail the full amount of the deposit, less any amounts properly withheld, within 21 days after the tenant surrenders the premises (Wis. Admin. Code ATCP 134.06(2)). If any part 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 damage or other claim and the amount withheld as reasonable compensation for it (ATCP 134.06(4)(a)). A landlord may withhold only for the reasons the rule allows, such as tenant damage, waste, or neglect, unpaid rent, and certain unpaid utilities and fees (ATCP 134.06(3)(a)), and may not withhold for normal wear and tear or for routine painting or carpet cleaning where there is no unusual damage caused by tenant abuse. A violation of ATCP 134.06 is a violation of an order issued under Wis. Stat. Section 100.20, so a tenant who suffers a pecuniary loss may recover twice that loss, together with costs and a reasonable attorney fee (Wis. Stat. Section 100.20(5)). If the demand is ignored, a Wisconsin tenant can sue in small claims court, where the amount claimed may be $10,000 or less (Wis. Stat. Section 799.01), and the deadline to sue on a written lease is six years (Wis. Stat. Section 893.43). DocDraft builds your Wisconsin security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
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A security deposit demand letter is a written demand a Wisconsin tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
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The landlord must deliver or mail the full amount of the deposit, less any amounts properly withheld, within 21 days after the tenant surrenders the premises (Wis. Admin. Code ATCP 134.06(2)).
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If any part of the deposit is withheld, the landlord must, within the same 21 days, deliver or mail a written statement accounting for all amounts withheld and describing each item of damage or other claim (ATCP 134.06(4)(a)).
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A landlord may withhold only for the reasons the rule allows, such as tenant damage, waste, or neglect, unpaid rent, and certain unpaid utilities and municipal permit fees (ATCP 134.06(3)(a)).
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A landlord may not withhold for normal wear and tear or for routine painting or carpet cleaning where there is no unusual damage caused by tenant abuse, and may not intentionally misrepresent a claim against a deposit (ATCP 134.06(3), (4)).
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A violation of ATCP 134.06 is a violation of an order under Wis. Stat. Section 100.20, so a tenant who suffers a pecuniary loss may recover twice that loss, together with costs and a reasonable attorney fee (Wis. Stat. Section 100.20(5)).
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If the demand is ignored, a Wisconsin tenant may sue in small claims court, where the amount claimed may be $10,000 or less (Wis. Stat. Section 799.01); the deadline to sue on a written lease is six years (Wis. Stat. Section 893.43).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Wisconsin, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Wisconsin Requirements for Security Deposit Demand Letter
21-Day Return Deadline
In Wisconsin the landlord must deliver or mail the full amount of the deposit, less any amounts properly withheld, within 21 days after the tenant surrenders the premises (Wis. Admin. Code ATCP 134.06(2)). Your demand letter should state that this deadline has passed.
Written Statement Accounting for Amounts Withheld
If any portion of the deposit is withheld, the landlord must, within the same 21 days and in the same manner as the return, deliver or mail a written statement accounting for all amounts withheld and describing each item of damage or other claim (Wis. Admin. Code ATCP 134.06(4)(a)). A missing statement supports treating the withholding as improper.
Permitted Deductions
A landlord may withhold only amounts reasonably necessary for tenant damage, waste, or neglect, unpaid rent for which the tenant is legally responsible, certain unpaid utility service, unpaid monthly municipal permit fees, and any other payment provided in a nonstandard rental provision (Wis. Admin. Code ATCP 134.06(3)(a)). Deductions outside these categories can be disputed.
No Withholding for Normal Wear and Tear
A landlord may not withhold from a deposit for normal wear and tear, or for other losses the tenant cannot reasonably be held responsible for; by the rule's own example, a landlord may not withhold for routine painting or carpet cleaning where there is no unusual damage caused by tenant abuse (Wis. Admin. Code ATCP 134.06(3)).
No Misrepresenting a Claim
A Wisconsin landlord may not intentionally misrepresent or falsify any claim against a security deposit (Wis. Admin. Code ATCP 134.06(4)). A withholding based on an inflated or invented charge is improper and can be challenged.
Double Damages Under Wis. Stat. 100.20(5)
A violation of ATCP 134.06 is a violation of an order issued under Wis. Stat. Section 100.20, so a tenant who suffers a pecuniary loss may recover twice that loss, together with costs and a reasonable attorney fee (Wis. Stat. Section 100.20(5)). A wrongful withholding can therefore cost the landlord twice the deposit plus fees.
Send With Proof of Delivery and a Forwarding Address
Send the demand to the landlord's address for notices using a trackable method such as certified mail with return receipt, and provide your forwarding address. Keep a copy of the letter and the delivery record for a later small claims filing.
Small Claims Limit and Deadline to Sue
If the demand is ignored, a Wisconsin small claims action for money may claim $10,000 or less (Wis. Stat. Section 799.01). The deadline to sue on a written lease is six years (Wis. Stat. Section 893.43), though filing promptly after the demand is the practical course.