SECURITY DEPOSIT DEMAND LETTER
STATE OF WISCONSIN
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Wisconsin law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages and attorney's fees.
I. WISCONSIN LEGAL FRAMEWORK
A. Governing Law
Security deposits in Wisconsin are governed by Wisconsin Administrative Code ATCP 134.06 and Wis. Stat. Section 704.28.
B. Security Deposit Limits
Wisconsin law does not impose a statutory limit on security deposit amounts.
C. Return Deadline
Pursuant to ATCP 134.06(2), a landlord must return the security deposit within twenty-one (21) days after the later of:
1. The tenant vacates the premises; OR
2. The lease terminates
The deposit must be returned with a written statement showing any amounts withheld and the reasons therefor.
D. Check-In/Check-Out Procedures
Under ATCP 134.06(1), the landlord must give the tenant a check-in sheet at the start of tenancy to document the condition of the premises.
E. Permissible Deductions
Under ATCP 134.06(3), a landlord may retain from the security deposit only amounts for:
- Tenant damage beyond normal wear and tear
- Unpaid rent for which tenant is legally responsible
- Utility charges owed by tenant
- Other charges authorized by contract
F. Prohibited Deductions
The landlord may NOT deduct for:
- Normal wear and tear
- Pre-existing conditions
- Routine painting and cleaning for re-rental
- Conditions caused by landlord's failure to maintain
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Wisconsin law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 21-day period required under ATCP 134.06(2).
[ ] Failure to Provide Statement: You have failed to provide a written statement of deductions and reasons within the statutory period.
[ ] Failure to Provide Check-In Sheet: You failed to provide a check-in sheet at the commencement of tenancy as required by ATCP 134.06(1).
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Routine cleaning or painting costs
- [ ] Other improper deductions: [SPECIFY]
[ ] Intentional Withholding: You have intentionally withheld the deposit, entitling our Client to double damages under ATCP 134.06(4).
IV. NORMAL WEAR AND TEAR
Wisconsin law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]
V. DAMAGES AND REMEDIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Remedies
Under ATCP 134.06(4), if a landlord intentionally withholds a security deposit or any portion thereof in violation of the rules:
- The tenant may recover double the amount wrongfully withheld
Under Wis. Stat. Section 100.20(5), the tenant may also recover reasonable attorney's fees.
C. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Double Damages (intentional) | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Check-in sheet provided by landlord
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Wisconsin Small Claims Court (for claims up to $10,000) or Circuit Court for return of the deposit, double damages, attorney's fees, and costs.
-
Seek Double Damages: If your withholding is found to be intentional, request double damages pursuant to ATCP 134.06(4).
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to Wis. Stat. Section 100.20(5).
-
Report Violations: Report your conduct to:
- Wisconsin Department of Agriculture, Trade and Consumer Protection
- Wisconsin Attorney General - Consumer Protection Unit
- Local Housing Authority
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[WISCONSIN BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Copy of check-in sheet
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
WISCONSIN SECURITY DEPOSIT QUICK REFERENCE
| Element | Wisconsin Requirement |
|---|---|
| Governing Statute | ATCP 134.06; Wis. Stat. Section 704.28 |
| Deposit Limit | No statutory limit |
| Return Deadline | 21 days |
| Itemization Required | Yes (written statement with reasons) |
| Check-In Sheet Required | Yes |
| Interest Required | No |
| Separate Account Required | No |
| Penalty for Violation | Double damages (intentional) |
| Attorney's Fees | Yes - Wis. Stat. Section 100.20(5) |
| Small Claims Limit | $10,000 |
WISCONSIN-SPECIFIC PRACTICE NOTES
[ ] Check-In Sheet Required: Landlord must provide a check-in sheet at the start of tenancy. Failure to provide may limit landlord's ability to claim damages.
[ ] 21-Day Deadline: The deadline runs from the later of tenant vacating OR lease termination.
[ ] Double Damages: Intentional withholding allows recovery of double the amount wrongfully withheld.
[ ] DATCP Enforcement: Wisconsin Department of Agriculture, Trade and Consumer Protection enforces ATCP 134.
[ ] No Deposit Limit: Wisconsin has no statutory cap on security deposits.
[ ] Small Claims Court: For claims up to $10,000, file in Wisconsin Small Claims Court.
[ ] Written Statement Required: Landlord must provide a written statement detailing any amounts withheld and reasons.
[ ] Milwaukee/Madison: Some larger Wisconsin cities may have additional local tenant protections.
[ ] Normal Wear and Tear: Wisconsin specifically prohibits charging for routine cleaning and painting for re-rental.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Wisconsin attorney before use.