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landlord didn't return security deposit within 21 days

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thatgirl70

Junior Member
What is the name of your state (only U.S. law)? Wisconsin
Recently I sent my previous landlord a tax form I needed signed by him, attached to it I left a note requesting a copy of my security deposit reconciliation for my records because I hadn’t received one. I received it in the mail today and he’s claiming I owe him $250 over the $725 I paid as security. Broke down as follows: $625 for last month’s rent, $150 for painting, $150 for carpet cleaning, and $50 for other cleaning. So here are my issues: 1. I didn’t receive the reconciliation until 66 days after vacating the unit…WI law(ATCP134.06) is that the landlord has 21 days to return my deposit or provide me with an itemized list of deductions. 2. WI admin law(ATCP134.06) also states that carpet cleaning cannot be deducted from the deposit (note I did clean it before I left, it wasn’t professionally done, but I did a good job) 3. I lived in the unit for 4 years and 9 months, the unit needed to be repainted due to normal wear and tear. When I requested the copy of the reconciliation I was not looking for money refunded…I knew I owed rent, and there were some damages, oddly not the ones he charged me for…but now I’m just mad! I’m thinking I should take him to small claims court and sue him for double the security deposit because he didn’t adhere to ATCP134.06 (21 days). I have some recent case law where tenants were awarded double damages for this reason, I even found a case where the landlord couldn’t collect damages because he didn’t provide the itemized list within the time frame…Even though I’m armed with an arsenal of case law on my side there are cases where it went the way of the landlord because the rules of small claims court are more laxed and the Judge has more discretion on interpreting the law….I’m afraid if I pursue this the landlord can come back on me for other things not list on the reconciliation….what should I do? Let it go? Negotiate calling it even? Negotiate to get a few bucks out of him? Or, take him to court? Your thoughts would be appreciated!What is the name of your state (only U.S. law)?
 


Cvillecpm

Senior Member
He may well WANT you to take him to court since he can file counter-suit for the balance of the monies you owe him - present bills and witnesses then and get a judgement against you.

If you did not pay your LMR, you would also owe late fee and any costs involved with collection the ultimate judgement....you will LOOSE much more than you will gain if you sue
 

thatgirl70

Junior Member
I appreciate your thoughts...I just don't think I should have to pay the $250 balance, due to the fact that it took him 66 days to give me my security deposit reconciliation (and I only got one because I asked for it) and law states that he has 21 days, or he pays double my deposit....which would leave him owing me $475 (provided the judge let his assesment of damages stand) or $825 (if allowed to only collect on past rent) or $1450 (if it's decided that failure to comply with state law prohibits collection of any monies owed). As for witnesses I have plenty myself, plus tons of documentation. **perhaps this info is not pertinent but this guy only owned the house the last 30 days of my almost 5 year tenancy.....all said and done I just don't think I should have to pay him!
 
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Cvillecpm

Senior Member
You would need to have PROOF you provided your forwarding addess AND that he did IN FACT not send you the itemization within the time limit...if you did not provide your forwarding address, your argument is OUT THE WINDOW
 

Hot Topic

Senior Member
You say the apartment, which you'd lived in for almost five years, needed repainting for "normal wear and tear." What was the wear and tear? The law in your state may state otherwise, but landlords don't always repaint an apartment after a tenant moves out, nor do they have to.
 
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Cvillecpm

Senior Member
Last month's rent and carpet cleaning did it for me....after 5 years, the carpets were CERTAINLY dirty and that is a tenant expense as is paying the rent!!
 

thatgirl70

Junior Member
In Wisconsin the landlord would have to prove he sent it, but yes I did leave a forwarding address, and I have proof of that...not to mention I did a change of address with the post office. As for the carpet cleaning, as I mentioned I did clean the carpet...not to mention I have all receipt of the yearly cleaning of the carpets by a professional company. Onto the paint issue, I had permission from the previous owner to paint my kitchen as long as I made sure to at least prime over the color I chose before moving out...which I did. He repainted the unit after me because he purchased the duplex for his sister...and she wanted it painted. I know this because I still keep intouch with my former neighbor in the other side of the duplex. For the record I was a property manager for several years, so I'm not ignorant to WI laws, also I was a good tenant...I left the duplex cleaner than when I moved in, and throughout the 5 years I lived there I took care of all maintenace at my own expense.
 

thatgirl70

Junior Member
Also, I'm not disputing I owed the rent....he can have that....I just don't think I owe the rest. The only reason I didn't pay that last months rent was because I was in no position to come up with first month's rent and security on a new place....I was not planning on moving when I did, it all happened very quickly. My original landlord put the duplex on the marked the first week of October. It was sold and closed on October 29th, on October 30th I was served notice that my lease would not be renewed as he purchased the duplex for his family members. So I had 30 days to be out....I never intended on getting the deposit back, but in the same respect I never expected to be charged above and beyond that deposit. I know how to turnover an apartment, when I left everything was clean...from the woodwork around the door frames, to the heating vents on the floors....I have pictures to prove it all. While I think there are a lot of sucky tenants out there I think there are equally as sucky landlords too.
 

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