Legal Issues and Security Deposits...Follow

Last year was my first year away from home, I moved into an apartment with some friends, and it was good fun, but the place we were living was an absolute **** hole. In short: Water heater had to be replaced two times, we went without hot water for around three weeks, dishwasher had to be replaced, refrigerator had to be replaced, washer AND dryer both had to be replaced, our doorknob was broken and sometimes wouldn't lock properly (never got fixed), the security doors on our building never worked (as in they didn't lock) they were never repaired, and one of them even fell off of its hinges and sat wide open for about two weeks in the middle of a Wisconsin winter. Our burners didn't work, and when they replaced them, the maintenance guy took out the drip pans and never gave them back. The toilet paper holder was not attached to the wall when we moved in, so we attached it ourselves. The toilet seat was broken off, so I bought a new one. The fan in the bathroom didn't work and was never repaired. On top of that, the entire apartment was a disaster. The toilet had been peed in and not flushed or cleaned for who knows how long. It was disgusting. The oven had burnt and molding food in it, smudges on the walls, etc. When our door knob finally stopped locking for good, my roommate called our landlord again to have them fix it and lock the door, because none of us would be back in town until the end of summer. They said they'd have it done within 24 hours. Two weeks later, we went back, and the doorknob was still broken, and the apartment had been sitting open and unattended for two weeks. (Remember the broken security doors? We're lucky everything we owned didn't get stolen.)

We cleaned the place up when we moved in, and called our landlords about the various maintenance issues several times, but only a few things ever got fixed.

Our building was sold to a new manager half way through our lease, and we never got an updated lease. From this point forward, the parking lot only got plowed once more throughout the entire winter. Our parking lot was on a hill and cars would slide out of their spots and hit other cars in the parking lot. It was ridiculous.

Needless to say, when our lease was up this past August, my roommates and I found a new place to live that was in a much nicer condition, much bigger, and much cheaper. But my question concerns my security deposit from the **** hole. I'm looking for some advice or anyone else's past experiences that might help me out.

Our last landlord kept over half of our security deposit, and she listed really bogus reasons as to why she kept the money. The first charge was $113.00 for carpet cleaning. 1. I cleaned the carpet myself with a steam cleaner I rented. I took a photo of how spotless it was the day I moved out. 2. I found that in Wisconsin it is illegal to charge tenants for routine carpet cleaning, even if it is written into the lease. It is illegal to write into the lease.

Second charge was $35.00 for missing drip pans. Having realized that we never got out drip pans back from the previous owners, I bought new ones myself. The stove was too old for new drip pans to fit, and like the last ones they would need to be custom cut in one spot to fit. I left the new drip pans on top of the stove, and took a picture to prove I had left them.

Third charge was $45.00 for missing keys. This would be a charge for two keys because my other roommate never dropped them off. One of those two missing keys would be for the security door that doesn't lock, which I thought was bogus. I found that it is illegal to overcharge for security deposit deductions, so I asked to see a receipt for this charge.

Fourth charge was $15.00 for missing lightbulbs. I have pictures of every light in the apartment in good repair, as well as turned on and working. It is illegal to make false deductions from a security deposit.

Fifth charge was $35.00 for "cleaning." I spent an entire day with my roommates and all of our parents cleaning the apartment and took pictures to prove how clean it was. Furthermore, in our lease, it says to leave the apartment in the condition it was when we moved in. Well, if that was the case, I should have pissed in the toilet and left it to mold.

Sixth charge was $10.00 for the toilet paper roll. Apparently it was missing. I have a picture of it on the wall in the bathroom the day we left.

I can't remember every charge as I write this, but they were all about as equally flimsy and most of them are illegal charges according to Wisconsin state law. I sent my landlord a letter citing the laws that showed what he was doing is illegal. He agreed to refund the carpet cleaning fee, but said he would have to get back to me about the other charges. Today, he emailed me back and told me my letter was unprofessional and child like, and he would not proceed with the issue until he has written, notarized consent from my roommates that my letter can represent them on this issue. He also said if we can't manage to work this out between ourselves, that all parties may be liable for legal fees.

I know this doesn't sound like a lot of money to be making a big deal over, but I'm a struggling college student.I honestly can't afford to lose out on a hundred dollars with what I make. Does anyone have any advice on what my next move should be, or if I should just give up because he threatened legal action? Can he even threaten legal action because I'm asking him for my money back?

I'm just fuming right now I'm so angry over it, and part of me wants to say **** it and file in small claims court, but I can't afford to lose if I do. :(

Since that's resolved, today is Talk Like a Pirate Day.

But - at - what - cost?

Yarrrr

Good thing you remembered to take a ton of pictures--that's key.

Haha right? He says that in thirteen years of doing his job he's never run into someone who brings up such awful false accusations, then goes on to say that he's learned that there are just people out there "who are never wrong and never willing to accept any form of mediation." He's not refunding the money because I'm right. He's refunding the money because I'm annoying and a waste of his time.

Honestly, fine by me, as long as I'm winning. :P

Both are true. He knows you're right, but also knows that most tenants will just roll over and accept whatever deposit reductions the landlord chooses to apply. He's counting on most tenants not being annoying and a waste of his time to pocket some extra change.

Frankly, I'm amazed at the conditions you described in the first place Cody. Some of those are illegal renting conditions. The fan in the bathroom, for example, is a health hazard (assuming the bathroom didn't also have a window). Missing drip pans is a fire violation. I'm just surprised you guys put up with that for so long.

You should have sent this Registered Mail:

Time to put on my other hat.

I am asking the programmers to gather together the information from the poster making threats. I will be issuing a subpoena to AOL to get your name and address and then I will be taking this matter to the FBI. Threatening bodily injury to another person over interstate wires is a federal offense. I especially take offense when that person happens to be one of our administrators. I will leave this matter to the authorities. You are also forever banned from this site. If you show up again, I will file civil charges against you for harassment, and in addition to the jail time you face, I will take your house and assets (or if you are a minor, the house and assets of your parents).

I am also closing this thread. This has gone far enough.

Jeffrey G. Moyer, esquire
Attorney at Law.


I'd find a way to get some money from the illegal renting conditions, but I have no idea how to go about that

Edited, Sep 19th 2011 11:41pm by Sweetums

Good job Codyy!

You did exactly what most tenants do not do, keep track of the condition of the apartment and document everything. Most don't and landlords tend to count on the fact that tenants will back down.

I'm surprised you lasted that long in that apartment, some of those issues could have rendered the apartment uninhabitable as well as violated the landlord/tenant laws in Wisconsin. The landlord knew that and returned your security deposit because he knows that he could have lost more in the long run.

always insist on a walk through with a video camera running before you move in with the landlord present. make sure to try everythng and point out anything that is not right. do the same thing again when you move out.

I've lived in this apartment for 12 years. I have a question, does a duration like that make certain damage not my responsibility? I'm more or less thinking about carpets and such, things that have a normal wear and tear lifespan.

Unless you live in a completely whacked out area (legal code wise), about the only thing you can be dinged on in terms of security deposit after living there 12 years is if there are holes in the walls, floors, etc, and if you leave the place with piles of garbage inside. They are required to replace the carpets, repaint, and probably replace blinds/drapes/whatever as well. I suppose if you painted graffiti on the appliances they might get you for that, I suppose.


As a general rule, the longer you rent, the more of your deposit you should get back (assuming the place is reasonably clean). The security deposit is basically the landlords insurance against high cleaning, repairing, recarpeting, and repainting costs over time. If you're there for 12 years, it means he hasn't had to recarpet or repaint during that time which means a cost savings to him already.