Security Deposit
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Security Deposit (by Jeff [WI]) Aug 20, 2008 12:52 PM
       Security Deposit (by Bill [TN]) Aug 20, 2008 1:01 PM
       Security Deposit (by AllyM [NJ]) Aug 20, 2008 1:48 PM
       Security Deposit (by in [IN]) Aug 20, 2008 5:08 PM
       Security Deposit (by Newbie [WI]) Aug 20, 2008 8:56 PM
       Security Deposit (by Cat [WI]) Aug 20, 2008 8:56 PM

Security Deposit (by Jeff [WI]) Posted on: Aug 20, 2008 12:52 PM

State Specific Question About: WISCONSIN (WI)

The tenant left damages and says we can not withhold any security deposit because there was not check in and check out list. It is only about 1/3 of the deposit which won't even cover the damage properly. Do we have a right? --209.83.xx.xx

Security Deposit (by Bill [TN]) Posted on: Aug 20, 2008 1:01 PM

It's not always about what rights you have--it's about what you can prove. A move in/move out condition and inventory checklist (and a short video or pictures of the place prior to move in) sets it firm in the tenants mind that there can be no debate about what the condition was on move in.

That being said, check your local and state statues. Most allow you to keep a portion of the deposit for damages, cleaning and any unpaid rents and/or bills. If the tenant doesn't like it, they can take you to small claims court (most won't do that). Just be sure you follow all laws with regard to a time frame for getting an itemized list and refund check back to the tenant.

Whatever you do, don't reveal your plans until the tenant is out and you have rekeyed the locks. They might just do some more damage to get even.

Security Deposit (by AllyM [NJ]) Posted on: Aug 20, 2008 1:48 PM

You have to be able to decide what is normal wear and tear and you can't charge for that. Damage is damage so take a photo of it. Get an estimate in writing. Take the money out of the security and send the tenant a copy of the estimate for repairs.

Cleaning fees have to be announced when the tenant moves in.

Security Deposit (by in [IN]) Posted on: Aug 20, 2008 5:08 PM

Tenants say many things, in fact they hear many things...

What does your lease say?

Anytime you loan out something you have a reasonable expectation of getting it back in the same condition you lent it out as.

Common law 101

Security Deposit (by Newbie [WI]) Posted on: Aug 20, 2008 8:56 PM

ATCP 134.05(1)(b) requires tenants to notify the landlord in writing of any defects in their rental unit within seven days of taking occupancy or the unit is is presumed to have been received in good condition. --70.92.x.xx

Security Deposit (by Cat [WI]) Posted on: Aug 20, 2008 8:56 PM

I think that some states (possibly Wisconsin), a check in form is required by law, so it may come back to bite you, if you didn't give them one upon move in.

I am not positive about this, but I know it is in the lease that I use.


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Security Deposit
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