SECURITY DEPOSIT ITEMIZATION & RETURN LETTER
(Wisconsin Residential Tenancy)
[// GUIDANCE: This template is intentionally drafted in an expanded “contract-style” format to comply with the user’s requested architecture. Practitioners may streamline non-essential sections for routine use.]
I. DOCUMENT HEADER
From (Landlord/Agent):
[LANDLORD LEGAL NAME]
[Landlord Street Address] • [City], Wisconsin [ZIP]
Telephone: [###-###-####] • Email: [EMAIL]
To (Tenant):
[TENANT LEGAL NAME(S)]
[Forwarding Address] • [City], [State] [ZIP]
Premises: [Unit No. & Street Address, City, Wisconsin ZIP]
Lease Termination Date: [MM/DD/YYYY]
Effective Date of Letter: [MM/DD/YYYY] (must be dated not later than the 21st day after “Lease Termination Date.”)
This Security Deposit Itemization & Return Letter (“Letter”) is delivered pursuant to Wis. Stat. § 704.28 and Wis. Admin. Code ATCP § 134.06.
II. DEFINITIONS
For purposes of this Letter:
- “Landlord” means [LANDLORD LEGAL NAME], its successors and assigns.
- “Tenant” means the undersigned addressee(s) who were parties to the Residential Lease dated [MM/DD/YYYY].
- “Security Deposit” means the sum of $[AMOUNT] paid by Tenant on [MM/DD/YYYY] pursuant to Section ___ of the Residential Lease.
- “Premises” means the residential dwelling identified in the Document Header.
- “Return Deadline” means the date that is 21 calendar days after the Lease Termination Date.
III. OPERATIVE PROVISIONS
3.1 Security Deposit Accounting
Landlord hereby provides a complete accounting of the Security Deposit, in compliance with the Return Deadline.
3.2 Original Deposit
Total Security Deposit Received: $[AMOUNT]
3.3 Allowable Deductions
| Line | Description of Deduction | Statutory Basis* | Amount ($) | Supporting Docs (Enclosed) |
|---|---|---|---|---|
| 1 | Past-due Rent (//_ to //_) | § 704.28(1)(a) | [ ] | [Invoice/ledger] |
| 2 | Repair—[describe specific damage] | § 704.28(1)(b) | [ ] | [Invoice/photo] |
| 3 | Cleaning—[describe] | § 704.28(1)(b) | [ ] | [Invoice] |
| 4 | Unpaid Utility—[utility name] | § 704.28(1)(c) | [ ] | [Utility bill] |
| 5 | Other (specify) | § 704.28(1)(d) | [ ] | [Doc] |
*References are to Wis. Stat. § 704.28(1).
Total Deductions: $[TOTAL DEDUCTIONS]
[// GUIDANCE: Insert only deductions permitted by statute and the lease. Ordinary wear & tear may NOT be deducted.]
3.4 Balance Due to Tenant / Amount Owed by Tenant
Security Deposit ($[AMOUNT]) – Total Deductions ($[TOTAL DEDUCTIONS]) = $[BALANCE]
☐ If Balance is POSITIVE: Enclosed please find Check No. ___ in the amount of $[BALANCE] payable to Tenant.
☐ If Balance is NEGATIVE: Tenant owes $[BALANCE]. Remit within 15 days of receipt of this Letter to the address above.
IV. REPRESENTATIONS & WARRANTIES
- Landlord represents that all deductions listed are reasonable, actually incurred or to be incurred, and limited to amounts permitted by Wisconsin law.
- Landlord further represents that no portion of the Security Deposit has been withheld for normal wear and tear.
- These representations survive delivery of this Letter.
V. COVENANTS & RESTRICTIONS
- Tenant shall promptly notify Landlord in writing of any change to the forwarding address for payment delivery.
- Tenant shall not dispose of or alter enclosed supporting documentation.
VI. DEFAULT & REMEDIES
Failure by Tenant to remit any outstanding balance within 15 days constitutes a default. Upon default, Landlord may pursue money damages in the venue specified below and recover allowable costs and reasonable attorney fees.
VII. RISK ALLOCATION
Indemnification is not applicable to this Letter. Liability is limited to statutory penalties expressly provided under Wis. Stat. § 704.28 and Wis. Admin. Code ATCP § 134.06.
VIII. DISPUTE RESOLUTION
- Governing Law: This Letter and any dispute arising herefrom are governed by Wisconsin landlord-tenant law.
- Forum Selection: Exclusive jurisdiction shall lie in the [COUNTY NAME] County Housing Court.
- Arbitration: Excluded.
- Jury Waiver: Nothing herein shall be construed as a waiver of constitutional jury trial rights.
- Injunctive Relief: Parties are limited to money damages as provided by statute.
IX. GENERAL PROVISIONS
- Entire Agreement: This Letter constitutes the complete itemization required by law; no oral statements modify its contents.
- Amendment: Any amendment must be in a subsequent written notice signed by Landlord.
- Severability: If any portion of this Letter is held unenforceable, the remainder shall continue in full force.
- Electronic Signatures: Delivery by electronic means constitutes valid service and execution.
X. EXECUTION BLOCK
Executed as of the Effective Date.
[LANDLORD NAME], Landlord
Title: [If Entity, e.g., Manager/Member]
Date: ___
[OPTIONAL NOTARY – Not required under Wisconsin law for deposit letters]
ENCLOSURES
- Payment Check No. ___ (if applicable)
- Photographs dated //____
- Vendor invoices / receipts
- Rent ledger
- Utility statements
STATUTORY NOTICE TO TENANT
Pursuant to Wis. Stat. § 704.28 and Wis. Admin. Code ATCP § 134.06, you may contest the withholding of any portion of your Security Deposit in Small Claims Court. If Landlord has wrongfully withheld amounts, you may be entitled to double damages plus costs and reasonable attorney fees. Consult legal counsel promptly if you wish to dispute any deduction.
[// GUIDANCE: Retain proof of mailing (certified mail with return receipt or certificate of mailing) to establish compliance with the 21-day deadline.]