Hopefully everyone survived moving and this way-to-hot-for-moving weather, took pictures, did your check in sheet and documented issues you had at move in . . . if you have any questions call 257-0006 . . . .
With moving week over, many tenants now await the arrival of their security deposit refund – or what remains of it. With a 50% renter population in Madison, and no limit on the amount landlords can require for a security deposit under the new laws, this adds up to a huge pool of money in our local economy. Tenants must advocate for their rights or landlords may get the lion’s share of it – even if the law says they should return it! Tenants who win disputes in court can get double the amount they are owed, plus court costs and reasonable attorney’s fees – but only if they exercise their rights.
If you moved out of your apartment on August 14, your landlord must deliver or mail you something by Saturday, September 5 (or within 21 days of you vacating the apartment) according to Wis. Stat. 704.28(4) and ATCP 134.06(2). This could be a total refund, a partial refund, or a bill for excess damages. If the landlord charges you for anything they must include a written, itemized list of deductions. Tenants, make sure you give them a forwarding address! If you had roommates, the landlord must make a check out to all of you unless you gave other instructions in your lease.
Making deductions. Landlords may NOT deduct for “normal wear and tear” including routine carpet cleaning, routine painting, etc. unless these were necessary because of “unusual” tenant damage. This is true even if the tenant signed a lease agreeing to pay for this. Landlords may only deduct for tenant damage to the premises (including by guests or pets) and non-payment of rent or utility bills the tenant was responsible for, which the landlord could end up having to pay. ATCP 134.06(3)(a) They may be able to deduct for additional charges like late fees or NSF fees, but only if these are in the lease and the tenant signed a separate “NON STANDARD RENTAL AGREEMENT” authorizing these to be taken out of the security deposit.
“What do I do if my landlord breaks these laws?” To start, send a letter demanding they return or account for your security deposit, or a letter disputing the charges the landlord deducted or billed you for. Give them a reasonable amount of time to respond and keep a copy for yourself! A sample letter is on our website, along with tips on negotiating. Mail a paper copy, even if you send an e-mail.
There are two ways this could end up being settled by a judge in small claims court: One is if the tenant sues the landlord for the wrongfully withheld security deposit. The other is if the landlord sues the tenant for not paying any extra damages they might have been billed for, in addition to the security deposit. In either case, the other party could countersue for money they feel they are owed. If the tenant wins, they are entitled to double the amount, plus court costs ($94.50 plus service) and attorney’s fees. You do not need a lawyer, and low income people can qualify for a fee waiver and sue for free. For tips on going to small claims court, please our website.
FOR FORMS, SAMPLE LETTERS, AND MORE INFORMATION:
Website: www.tenantresourcecenter.org | Phone: (608) 257-0006
Walk-in Counseling: (MAIN OFFICE) 1202 Williamson Street Ste. 102 (Mon – Fri, 9 – 6) or
(UW CAMPUS OFFICE) 3rd Floor, Student Activity Center, 333 E. Campus Mall (Mon/Tue 11 – 3, Wed/Thu 2 – 5)
