Wisconsin Demand Letter

Under Wis. Stat. § 893.43, written contract claims must be filed within 6 years of the breach. Oral contracts have a 6-year limitation period as well. A demand letter does not toll the limitations period — file suit before the deadline if negotiations fail.

A demand letter is not legally required before filing most civil suits in Wisconsin. However, Wisconsin small claims court (up to $10,000) discourages litigation without first attempting to resolve the dispute. Sending a demand letter first demonstrates good faith and often resolves the matter without going to court.

Wisconsin follows the American Rule — each party pays their own attorney's fees unless a contract or statute provides otherwise. If your contract includes a fee-shifting clause, Wisconsin courts will enforce it. Wisconsin's consumer protection statutes (Wis. Stat. § 100.18) allow fees in deceptive trade practices cases.

State the move-out date, the deposit amount, and the failure to return it within 21 days as required by Wis. Stat. § 704.28. Note that Wisconsin allows tenants to recover double the wrongfully withheld deposit amount plus attorney's fees. Demand return of the full deposit within a specific number of days and reference the double damages remedy.