• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Rental Security Deposits

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

carp310

Guest
WI - I moved out on the 3rd of October. I did not recieve anything pertaining to the security deposit until the 26th of October but it was post maked on the 25th. I know they have 21 days to get either the full deposit or an itemized list of deduction to me. Even if they use the post make date, would this be considered 22 days. is the 4th consider day 1.
 


JETX

Senior Member
Security Deposits in WI are governed by Admin Code (ATCP 134), which can be found at:
http://www.legis.state.wi.us/rsb/code/atcp/atcp134.pdf

And as you have stated, "Within 21 days after a tenant surrenders the rental premises, the landlord shall deliver or mail to the tenant the full amount of any security deposit held by the landlord, less any amounts properly withheld by the landlord". If you moved out on 10/4, the first day of this 'clock' would be the 5th. Add 21 days and they would have been required to comply on or before 10/25. Based on your post, looks like they made it just 'under the gun'.
 
C

carp310

Guest
But I moved out on the 3rd??
Do they look at the post mark of the letter
 

JETX

Senior Member
My error. For some reason when writing my response, the 4th got stuck.

In any case, based on your information, the landlord appears to be in TECHNICAL violation of the 21 day allowance by one day. However, I doubt that a court would grant you relief based solely on that issue..... it would depend largely on the court and their 'feeling' on the day that your case is heard. I recently had a case where a court ruled against the plaintiff when the landlord failed to comply after several MONTHS!! The court accepted landlords statement that she was an 'amateur landlord' and shouldn't be presumed to know the law!!!
(Case is currently under appeal!)

So, if you feel REAL lucky, go ahead and file a small claims action against them for your 'damages' as allowed by the Admin Code. The worst that could happen would be the court deny your request.

BTW, what the hell does ANY of this have to do with "Child Custody, Visitation and Support"???
 
Last edited:
C

carp310

Guest
Thanks for your help. This landlord has several complexes so they should know what they are doing. Im discusted with the fact that i spent a FULL day cleaning....I cleaned things that i didnt even think I neeed to, but they still put down a 1/4 to 1/2 hour fee for what they called cleaning. I even took pictures of everything afterward. Plus, I signed a year lease that expired over 2 years ago and did not resign another. Is there things on that original lease that Im still held liable for even 2 years later???
 

HomeGuru

Senior Member
carp310 said:
Plus, I signed a year lease that expired over 2 years ago and did not resign another. Is there things on that original lease that Im still held liable for even 2 years later???

**A: and just exactly what are "these things?"
 
C

carp310

Guest
fees for late monthly payment (2 of them in 2 years ), double rent for ever day over my final day ( I was suppose to be out the last day of the month, but I asked them if I could be there a couple of days longer cause I knew they did not have it rented and I wanted to clean good),
Is there anything I can do about bogus charges against the security deposit?
 

nextwife

Senior Member
When did you give notice? And, as they did not hold you to being out on the first, you sure you want to make an issue of getting the notice one day late? If permisson is not is writing to stay after the first, you may want to think about this. And if you agreed to these fees in the original rental, and those circumstances DID occur (late rent paymnets, etc.), the fees are likely not bogus.

AS to the cleaning, they may still have needed to come in and clean the carpet and do other things. Perhaps had you not cleaned, the deduction would have been MORE?
 

HomeGuru

Senior Member
carp310 said:
fees for late monthly payment (2 of them in 2 years ), double rent for ever day over my final day ( I was suppose to be out the last day of the month, but I asked them if I could be there a couple of days longer cause I knew they did not have it rented and I wanted to clean good),

**A: and what did they tell you? Do you have anything in writing allowing you to stay past your final day? What day did you actually move out and returned all keys to the landlord?
********

Is there anything I can do about bogus charges against the security deposit?
**A: I have not yet concluded that the charges are bogus.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top