Thursday, July 9, 2009

Wisconsin tenant Landlord STATE fact sheet

It is coming that time to move again.
so many people forget what their rights are. Here is a little helping hand.

If a landlord withholds any part of the security deposit for routine cleaning or carpet cleaning that is related to "normal wear and tear" this violates Wisconsin Administrative Code, chapter 134.
The landlord cannot deduct cleaning costs, painting costs or carpet cleaning costs from a security deposit unless there was tenant "damage, waste or neglect."

When a landlord returns less than the full security deposit and the tenant accepts this
partial amount, this still does not prevent the tenant from claiming that the landlord owes
the tenant more or all of the security deposit.

Question:
Can a lease or "Nonstandard Rental Provision," include a provision about carpet cleaning?
Answer:
Neither a lease nor a "Nonstandard Rental Provision" may include a provision that
claims to authorize an "automatic deduction" from the security deposit for cleaning or other
maintenance that is caused by "normal wear and tear."
A provision to authorize a routine withholding from the security deposit for "normal wear and
tear" violates Wisconsin Administrative Code, chapter ATCP 134.
The landlord may make deductions from the security deposit only when there is tenant
"damage, waste or neglect" or other damages for which the tenant is legally responsible.

Please read your contracts, and know that not all contracts are legally enforceable.
Also, one day late with your rent is actually enough cause for the eviction process to be started.
Tenants and Landlords have rights, but mainly it is about respect