Confused about legal security deposit deductions

Confused about legal security deposit deductions by LEE on July 29, 2014 @23:37

I have read and reread WI Stat. on security deposit deductions and still not clear, and don't want to make a mistake and get sued for dbl damages.
Tenants left place filthy (pic's are excellent showing condition left)plus broken mini blinds, missing light fixtures etc. I believe we can charge for cleaning and broken/missing items. Confusion comes in regarding damage/repair/painting charges. Have several estimates, started on repairs, need to send sec dep by next friday aug 8th. They also did not pay last months rent and owe for large utility bill which we have already started sm claims suit on that seperately. All of this together will come to more than 3 times their securtiy deposit.
What items would you deduct from security deposit and what would you leave for a sm claims suit?
Afraid if we deduct damages from security deposit and they arent allowed, we could be sued for double. Thanks

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Re: Confused about legal security deposit deductions by LEE on July 29, 2014 @23:42	[ Reply ]

Little more info: Major damage comes from basement leak never reported with water and mold damage to walls and carpets. Replacing portion of drywall with mold and have to replace moldy carpet. this room alone is over $1100.00 for repairs and $250 for carpet. Hope that helps

Re: Confused about legal security deposit deductions by Eric on July 30, 2014 @00:57	[ Reply ]

It would be a good idea to list each deduction item on your Security Settlement Statement which you will send to your tenants with the remainder of the deposit refund if any. As far as painting and cleaning charges, be careful because you will have to differentiate and decide if it was needed because it was as John @ theLPA says, "above & beyond normal wear & tear". That is how you should label such deductions on your settlement statement and send it well before your state's return period. LPA has a Security Return Time chart http://www.thelpa.com/lpa/fre-forms.html

Re: Confused about legal security deposit deductions by Katiekate (New York) on July 30, 2014 @08:35	[ Reply ]

Obviously, you are not going to include the last month rent or the unpaid utility bills...because you have already filed in court against them to recover that. You could make mention of it at the bottom of the written deposit reconciliation letter...but, do not include it in your calculations. As for the "damage/repair/paint". damage and repairs of it should be included. as for paint. If the damage was such that you had to paint (I once had a tenant put a bowling ball through a mirrored wall, coming out the other side!). take good pictures that show you had to paint because of the damage. If you have to paint only because the walls were 'dingy' and such..I think a judge will call that normal. If you had to paint because of excessive holes and the plaster patching of them, then charge to paint THAT WALL. Good pictures and documentation is the key. I always send a photo copy of each receipt. so everything is itemized and the dollar amount of each itemized line has a copy of the receipt for it attached. as for what you should "leave for small claims suit". that question doesn't make any sense. You said you already filed for the rent and utility bill. So..you put everything else on this (as you must by law). You will end up in small claims anyway because these ex-tenants sound like dead-beats and they aren't going to pay you. You will file in small claims..and unless you can hunt them down and garnish their wages, you aren't going to be paid even after a judge orders it.

Re: Confused about legal security deposit deductions by Katiekate (New York) on July 30, 2014 @08:41	[ Reply ]

PS the only means by which you would be open to losing a lawsuit for double is if you fail to get that letter of reconciliation out to them within the time specified by law. If you make an error in determining what is normal and what is not... it is for a judge to decide and his only reaction would be to reduce the amount you collect by that much. BUT..do not be afraid of a tenant threatening to sue. It is a common ploy. Tenants and ex-tenants will often make this claim (I'll sue you!) in order to frighten the landlord into doing or not doing something. It never results in an actual lawsuit. Make sure you have done what is right and you have been honest in your dealing and you will not ever have to worry about a lawsuit.

Confused about legal security deposit deductions - Landlord Forum thread 322047