Wisconsin Security Deposit Laws & Demand Letter
Wisconsin law gives your landlord 21 days to return your security deposit if no deductions are claimed, or 21 days to send a written itemization of any deductions. Miss those windows and the landlord may forfeit the right to keep any of it.
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The Wisconsin security deposit deadline
Under Wis. Stat. § 704.28, a Wisconsin landlord has two options after a tenant vacates the rental:
- Return the full deposit within 21 days if no deductions are being claimed; or
- Send a written notice of intent to impose a claim within 21 days, identifying the amount and reasons for any deductions.
If the landlord misses both windows, they generally forfeit any right to deductions and owe the tenant the full deposit. The relevant statutory language reads:
Source: Wis. Stat. § 704.28
What to do next
- Confirm your deadline. Use the calculator above with your move-out date.
- Send a certified demand letter. A formal, statute-cited demand sent via USPS Certified Mail creates a documented record and is what most landlords respond to.
- Wait 7-14 days. If no response, send a follow-up notice escalating the demand.
- Consider small-claims court. A clean case packet (lease, photos, certified-mail receipts, statute citation) is what wins these.
Common questions
How long does my landlord have to return my security deposit in Wisconsin? +
Under Wis. Stat. § 704.28, the landlord must return the deposit within 21 days of move-out if no deductions are claimed, or send a written notice of intent to impose a claim within 21 days.
What happens if my landlord misses the deadline in Wisconsin? +
Failure to comply with the statutory deadlines generally exposes the landlord to liability for the full deposit and, in many states, attorney's fees and additional damages.
Can I recover attorney's fees in Wisconsin? +
Wisconsin statutory provisions on attorney's fees vary by case. Consult a licensed attorney for guidance on your specific situation.
Is interest required on my security deposit in Wisconsin? +
Wisconsin does not generally require interest on security deposits unless the rental agreement specifies otherwise.
What's the small-claims court limit in Wisconsin? +
Small-claims jurisdictional limits vary. Check your county's court rules.
How long do I have to file a security deposit lawsuit in Wisconsin? +
Statutes of limitations vary by state and claim type. Consult an attorney for case-specific advice.
Do I need a lawyer to send a demand letter? +
No. A demand letter is something a tenant can send on their own. Many landlords respond to a properly-formatted certified demand letter without further action. SecurityDepositBack is a self-help platform — we prepare the letter and mail it; we don't represent you legally.
What's the difference between a demand letter and small-claims court? +
A demand letter is a written request for payment, sent before any lawsuit. It's often the quickest path to resolution. If the landlord ignores the demand, the next step is filing in small-claims court. Many cases settle at the demand-letter stage, which saves you both time and filing fees.