difficult landlord/security deposit issue

[RHD22]

What is the name of your state (only U.S. law)? Wisconsin

This past summer my fiancee and I signed a four month lease (May to September) renting a guest cottage. The cottage is from the 50's or 60's so it shows it's age but is otherwise fairly sound. When we signed the lease, there were NO non-standard provisions in the lease, nor did it say we have to leave the place completely 'as is' (it was furnished).

I have been reading a significant portion of the WI tenant-landlord law and can surmise that taking her to court is no small task. Here are the details:

Our security deposit (250) came back during the appropriate time frame of 21 days; however, 200 of it was kept back. 100 for cleaning, 10 for a knife block that was never there, 22 for propane (non-disputable/agreed upon) 41 for 'tables' and 27 for 'window shade'

Now here is our issue with that. We spent 8 hours cleaning and left it in the same or better condition. The damage to the tables ($41) was a water ring, and the shade (cheap camper type) didn't overly work at the time and worked about the same at our departure.

The table can be classified as 'normal wear and tear' as can the shade (to my knowledge), my curiosity lies in the cleaning charge (as 'clean to you isn't clean to me' seems to be a theme) and the stupid knife block. We didn't do a walk through when we moved in or moved out as she seems reasonable at the time. Naive I suppose.

Looking for anyone who went through a similar situation or can offer any advice?? We are planning to send a certified letter but want to be prepared to pursue things just in case.

Thank you!

 

[Gail in Georgia]

You are taking the first step by sending a letter that (I'm assuming) disputes the amount kept and requesting the return of the amount you believe you are fairly owed by a certain date.

If the landlord/management does not respond (or does not respond satisfactorily) then your next step is to consider filing a lawsuit over this issue. Such lawsuits are heard in Small Claims court (or the states similar court) as they involve relatively small amounts of money in dispute.

You need to 1. decide if it's worth it to do this over $200 and 2. make certain you have evidence to disprove the need for what the landlord claims. Hopefully you took pictures of the condition of the rental unit at move out.

Gail

 

[RHD22]

Thanks for the reply!

One more quick question---in Wisconsin, you have 21 days to return a security deposit, or partial. Is that the date from which it was mailed or when we received it? It's not postmarked but the letter itself is dated....

Thanks again

 

[Gail in Georgia]

When it is mailed/sent, not when it is received.

Gail

 

[Searchertwin]

When we signed the lease, there were NO non-standard provisions in the lease, nor did it say we have to leave the place completely 'as is' (it was furnished).

The age of the house has no bearing on how well you left it from the the time you rented.
One has to return the place back to same condition that they received at time of renting. Pictures helps.

The damage to the tables ($41) was a water ring, and the shade (cheap camper type) didn't overly work at the time and worked about the same at our departure.
The table can be classified as 'normal wear and tear' as can the shade

Of course, tenants don't want to accept the line, "What is clean to you is not to me," because that's the truth.
As for the table, you yourself stated, "DAMAGE", which is the OPPOSITE of wear and tear.
You yourself stated, "didn't overly work at the time and worked about the same at our departure." The key words here are "about the same." Which changes how they work from day one of renting to now.
That change resulted in damage.

The knife, you should have some documentation stating it was there at time of renting or pictures.

 

[FarmerJ]

Water rings are still water rings no matter if it was a table where a glass had condensation on outside and dripped down on it or cold beer bottle sweating condensation onto a hard wood floor, it is damage that is not reasonable wear and tear. Window shade , tough call , if it was worn or frayed from routine use its not fair.