Withholding Security Deposit

[LSchmid]

What is the name of your state?WI

Can a landlord withhold monies from a security deposit for "estimated" damages? For example, if a tenant leaves a rental property and there is a stain on the carpeting, can the landlord charge for "estimated" cost of replacing the carpet even if they haven't had to replace the carpeting to re-rent the property?

Is there a "standard" amount of time for things like carpeting in a rental property?

 

[ENASNI]

Ok Now

What is the name of your state?WI

Can a landlord withhold monies from a security deposit for "estimated" damages? For example, if a tenant leaves a rental property and there is a stain on the carpeting, can the landlord charge for "estimated" cost of replacing the carpet even if they haven't had to replace the carpeting to re-rent the property?

Is there a "standard" amount of time for things like carpeting in a rental property?

Well appreciate the brief post, rather than a Novel, but a novel idea, would be a bit more info.
Because I am doing a bit of assuming here.
This is what I am assuming.
1.You moved out, you did not do a pre move-out inspection with landlord.

2. You received your security deposit within the 21 days that LL has to send it to you with the description of what was taken out.

3. You are not happy with the "estimated cost" of stain removal from carpet

4. You know (for a fact?) that this has not been done yet and so ,wonder how LL would know how much it will cost. Am I correct so far?

Sorry, I have had problems with My LL and can say yickity yick to some, but have been an apartment manager as well, and can see their side too.

for #1... you should always try to do that. Wisconsin LL/tenant laws are really explicit... I wish Ca were as clear, and you would have had some time to "Out damned spot, I say..." at your own price.

for #2 if LL took more than 21 days, you have a better cause to fight , but other wise,...

for #3 He can take his time to fix the place up, but not time to send you the deposit back so if he hasn't fixed the place he can estimate. If you think it is too much, you can take him to small claims court after researching to see if he is making an extraordinary large estimate.

for #4...see #3
Again... I am taking my ex LL to small claims, In WI if I read it right, if you cash the check you can still ask for more. In Ca there is nothing that you can read that says you can cash the small check and still sue.

addendum: You asked about a "standard" if you mean normal wear and tear, that is where more info is needed... I don't feel like listing the usuals, and the years. so why don't you tell how long you have been there and what you are contesting... like paint, or such.

Sooo there ya go. Good luck Cheesehead..
GO PACKERS!!

 

[LSchmid]

To be more specific...

I did not receive my security deposit but received a letter estimating the cost to replace the carpet to be $500.00. He did not replace it yet and has re-rented the property.

I lived in the apartment for 10+ years and the carpet is 6+ years old.

When I moved in I was required to paint the property as well as rip up some old carpet. I did not receive either a check-in or check-out list. I was instructed to leave the key on the counter and that was it.

 

[BL]

As the prior poster stated , you would have to research the issue .
What kind of Carpet ? How many and how bad the Stains ? ( how many sq. Ft. ) ,Etc .

Then run it by a few carpet cleaning professionals .
Then you decide if " Cleaning fees " he charged were appropriate .

You might want to request the LL send you a copy of the Estimate . If he can't or won't produce one , take him to court .

If you feel the cost was too high , then take the LL to court to see if you can get some money back .

 

[Who's Liable?]

OR... you can try this approach... I've actually seen this work before...

IF the unit has been re-rented, and someone is currently occupying the unit... It is upon the LL to prove that you were the cause of the stains... Now that the unit has been re-rented, how can he prove that you were the ones to cause the stains, and not the new tenants? There is a lot of assuming here, no pictures taken by the LL, etc...

Just a thought...

 

[JETX]

Bottom line to all these posts....
A landlord CANNOT deduct for 'estimated' damages.... and then not fix the damaged property.
If you don't feel that the landlord was being 'fair', your only recourse is to take them to court.