Moved out of an apt in WI after 4 years of tenancy. A month later I received a notice that I owe over $1,000 for additional cleaning as well as carpet replacement in the whole unit (this is after deducting my $500 security deposit). While I admit there were a couple stains, it was nothing that a professional carpet cleaning couldn't take care of. Leading up to move out, multiple attempts were made to contact the landlord to see if we needed to do a walk-thru, but we received no response. I simply left the keys and forwarding address, and this is the first correspondence I received. Lastly: it states in the lease contract that I need to be sent a list of charges/deductions from security deposit with in 21 days of move out which was 1/31. The letter I got was dated 2/24, postmarked 2/27
In Wisconsin, a landlord can only deduct from a tenant's security deposit for:
- Tenant damage, waste or neglect
- Unpaid rent for which the tenant is legally responsible
- Payment which the tenant owes for direct utility service provided by the landlord but not included in the rent
- Items listed in a nonstandard provision (but never normal wear and tear)
A Landlord may NOT deduct for routine painting, or carpet cleaning, where there is no unusual damage caused by tenant abuse.
Generally, the longer you live in an apartment, the more wear and tear is expected and ordinary. As you lived in your apartment for 4 years, your landlord should expect much more wear and tear than if you had only lived there 1 year. Moreover, the life expectancy of residential carpet is only 8-10 years so if the landlord has to replace the carpet after 4 years you should only be responsible for, at most, half of that expense.
You have a right to complete a check-in/check-out form, but no right to a walk-through. I advise all of my landlord/tenant clients to avoid walk-throughs as they frequently end in conflict/argument.
If you surrendered the place on 1/31, and the landlord was made aware of your surrender on that date, s/he had 21 days to send you an accounting of your security deposit. If you received a letter dated 2/24, the landlord violated this requirement and you can sue in small claims for double your security deposit plus reasonable costs attorneys fees less any legitimate landlord damages.
Good luck to you!
Attorney Knupp provided good coverage in answering your question. What constitutes reasonabe wear and tear is often the stuff of dispute when these types of cases are litigated.
I would add that the requirement of an accounting of any deductions from your security deposit is not merely a requirement because it was recited in the lease agreement - it is a requirement under the Wisconsin Statutes and Administrative Code provisions governing landlord/tenant relations.
The landlord's failure to comply with this requirement can have strong implications in your favor, including forfeiture of the security deposit and penalties.
