ACdavey

Security Deposit Deductions

4 posts in this topic

I live in Wisconsin and recently visited my previous landlord to get a form filled out for taxes. She mentioned that they were still working on the itemized list for the security deposit return and they would have it to me with in the week but it was looking like $325 (half my deposit) for cleaning things I missed like the floors (which I remember cleaning) fridge and stove (neither which were dirty past normal use, all though I did forget to clean them) and for a lot of mold that needed to be cleaned off the bathroom ceiling.

Unfortunately, I forgot to take pictures but I'm wondering if there is any way I can dispute these deductions, which seem excessive.

I also saw online that in California they have to provide receipts for any cleaning over $125, I'm wondering if there is something like that in Wisconsin.

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The Wisconsin security deposit law is ATCP 134.06 at:

http://docs.legis.wisconsin.gov/code/admin_code/atcp/134.pdf

That's in the Residential Rental Practices code.

There's another set of landlord tenant statutes that might cover commercial and residential and have some overlap but it doesn't cover security deposits.

http://law.justia.com/codes/wisconsin/2011/704/

And here's a link to landlord tenant resources in WI:

http://wilawlibrary.gov/topics/landlord.php

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You can dispute anything you like. No requirement exists under WI law that the landlord "provide receipts for any cleaning over $125" (or anything like that), although, if the matter were to go to court, having receipts would make things much easier for the landlord.

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A tenant may sue a landlord for a variety of reasons related to security deposits, including the failure to return the security deposit or provide an itemized statement within the time required by law, or to dispute the cost of repairs and/or cleaning. In most circumstances, a tenant will file such a lawsuit in small claims court. To learn more about this subject matter, visit the Real Estate Law Center and read Landlord-Tenant Law as a good resource.

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