disputing deductions taken from my security deposit

[Magoo]

What is the name of your state? wisconsin
I lived in a rental unit for 7 years. My former landlord is refusing to return my security deposit. I am concidering taking him to small claims court.
He told me I could paint as long as i didn't paint the woodwork. he is charging me to replace electrical outlet cover plates ($8.00 each) and several vent covers ($45.00 each) due to the fact I painted them to match the walls. they were not damaged..only painted. Can he charge me for these?
Also in my lease agreement it is marked (no waterbeds) We had a waterbed. Under verbal agreement he said the waterbed was ok. Shortly after we moved in he repaired the closet door in that room. I don't have written documentation of this. He was aware of the waterbed and never said to get rid of it. Never charged me with violating the lease. Now he is stating he is keeping the entire deposit because I violated my lease agreement. He was aware of the bed and never asked me to remove it. Does he have the right to do this?
I would appreciate any advise you could offer on this.
Thanks,
Magoo

 

[Alaska landlord]

Yes, by painting over the woodwork you caused damage and he can charge you replacement cost plus labor.

He cannot make a deduction for having a water bed, but he can charge for any damage caused by water or excessive weight damage to the unit.

 

[Magoo]

To clarify what was painted

I didn't paint the woodwork.
Only the metal heat vent covers and plastic outlet covers.
Is that still considered damage

 

[MIRAKALES]

Yes!... painting heating vents and plastic outlet covers is permanent damage. Any permanent alteration without authorization is classified as damage. The woodwork is a permanent structure and should never be altered. The walls can be repainted and restored without permanent damage. The vent covers and plastic outlet covers are replaceable, but cannot be restored because the paint cannot be removed. Tenant could have replaced the vent and outlet covers for less than the amount deducted. (Petty cash lesson learned.)

 

[HuAi]

Did the waterbed leak and cause any damage? The landlord can only charge for actual incurred expenses (btw $8 per outlet cover sounds ridiculously expensive) - be sure to ask for receipts. If he did the work himself, he can only charge you for parts (~50 cents per outlet cover). If he contracted it out then he can charge for labor.

 

[ncpropmgr]

Did the waterbed leak and cause any damage? The landlord can only charge for actual incurred expenses (btw $8 per outlet cover sounds ridiculously expensive) - be sure to ask for receipts. If he did the work himself, he can only charge you for parts (~50 cents per outlet cover). If he contracted it out then he can charge for labor.

No, he can charge for this time to replace those covers too, but it should be reasonable!

 

[HuAi]

Don't know about Wisconsin, but in NJ you cannot charge for your own time as a landlord.

 

[ecmst12]

Don't answer questions about other states' laws based on your own state's.

 

[MIRAKALES]

While a tenant can be charged for cleaning beyond normal wear and tear in all states, in some states either case law or state law will not allow a LL to charge for their own labor. While this is not a complete list, the States of CT, MA, NJ, PA, TX, VA and WI do not allow a LL to charge for their own labor. In those states, the LL must hire someone to do the work and then charge the expense for the labor costs. The States of AK, CA, KS, IL, IN, MI, MO, NC, NM, OH and OR do allow a LL to charge for their labor to clean. (This information provided by research performed by LL Association.)

 

[LindaP777]

He cannot make a deduction for having a water bed, but he can charge for any damage caused by water or excessive weight damage to the unit.

Per square foot, a waterbed does not weigh as much as a refrigerator, so I doubt there would be any damage unless it leaked.