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landlord is greedy

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A

avins

Guest
What is the name of your state? Wisconsin
We moved out of the house we were renting on 22 Nov 01, and we had a verbal agreement to that date. Now my landlord is suing us for new carpeting ($1400) and for labor ($600)(the new tenant painted the interior of the house).
I have receipts for paint dated 27 Nov and he sent his statement of damage postmarked 18 Dec, can I argue the 21 day rule per wisconsin landlord tenant law, also i video taped the house room by room, can i use this as evidence in Court? We lived there for 4yrs and 5 months, there should be rules for normal wear and tear and wear out time lines for carpet. We left this place in good condition and made the repairs asked for in the walk through we did 1 month prior.
 


JETX

Senior Member
Q1) "We moved out of the house we were renting on 22 Nov 01, and we had a verbal agreement to that date. Now my landlord is suing us for new carpeting ($1400) and for labor ($600)(the new tenant painted the interior of the house). I have receipts for paint dated 27 Nov and he sent his statement of damage postmarked 18 Dec, can I argue the 21 day rule per wisconsin landlord tenant law"
A1) The '21-day' as provided in Wisconsin ATCP 134.06 provides that you have certain terms to meet, depending on the tenancy conditions. Further, it stipulates that the 21 days starts at the time that you actually 'surrendered' the property. Your post doesn't say when that was, so we can't advise as to the applicability of this rule. When did you 'surrender' (as defined by the ATCP???

Q2) "also i video taped the house room by room, can i use this as evidence in Court?"
A2) Yes.

Q3) "We lived there for 4yrs and 5 months, there should be rules for normal wear and tear and wear out time lines for carpet."
A3) There really isn't any way that you can quanitify the extent of wear and tear v. damage. It is resolved on a case-by-case basis. One thing to consider.... find out when the carpet was last replaced. If during a prior tenancy, you should not be held to be fully liable for the cost.... only for the period that you were in possession. For example, lets say the carpet was replaced 4 yrs and 5 months BEFORE your tenancy (for a total age of 8 yrs, 10 months). You would only be liable for 1/2 the replacement cost (assuming that the carpet had a 'full life').
 

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