Comments on: Landlords Should Not Play Games With Tenants’ Security Deposits http://petriestocking.com/blog/2010/01/07/landlords-should-not-play-games-with-tenants-security-deposits/ Tristan's Landlord - Tenant Law Blog Mon, 06 Feb 2012 19:59:42 +0000 hourly 1 http://wordpress.org/?v=3.1 By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/2010/01/07/landlords-should-not-play-games-with-tenants-security-deposits/comment-page-1/#comment-1824 Tristan R. Pettit, Esq. Thu, 22 Dec 2011 22:56:45 +0000 http://petriestocking.com/blog/?p=1059#comment-1824 Allie -- I cannot give legal advice via this blog as you pointed out. To my knowledge there is no law, regulation of case in Wisconsin that defines what "normal wear and tear" is. That determinination is left up to the judge or court commissioner based on the specific facts elicited at trial. Specific facts would be needed to give you an opinion ---- how long did you live there, what caused the odor, if odor caused by a pet were pets allowed etc etc. Regardless of the facts and even if I could give you advice on this questions a court could disagree with me. Not much help, I realize, but the issue of what is "normal wear and tear" is always a crap shoot as it means different things to different judges and even different things to the same judge on different days. It is a veritable "black hole" Allie — I cannot give legal advice via this blog as you pointed out. To my knowledge there is no law, regulation of case in Wisconsin that defines what “normal wear and tear” is. That determinination is left up to the judge or court commissioner based on the specific facts elicited at trial. Specific facts would be needed to give you an opinion —- how long did you live there, what caused the odor, if odor caused by a pet were pets allowed etc etc. Regardless of the facts and even if I could give you advice on this questions a court could disagree with me.

Not much help, I realize, but the issue of what is “normal wear and tear” is always a crap shoot as it means different things to different judges and even different things to the same judge on different days. It is a veritable “black hole”

]]> By: Allie http://petriestocking.com/blog/2010/01/07/landlords-should-not-play-games-with-tenants-security-deposits/comment-page-1/#comment-1804 Allie Fri, 16 Dec 2011 02:25:41 +0000 http://petriestocking.com/blog/?p=1059#comment-1804 Mr. Pettit, I have an issue with my ex-landlord that I'm confused about. I hope this doesn't count as specific legal advice, but is it considered "normal wear-and-tear" if there was an "odor" left on the mattress, comforter set, pillows, and curtains in the bedroom? They said they were forced to buy a new comforter set and pillows, and then deep clean the curtains and mattress. This "odor" wasn't explained with any specific description or even adjectives, and we never smoked in the house and had no pets so it couldn't be anything that breached the lease. Is "odor" without proven cause a matter of opinion or at least covered under "normal wear-and-tear" ? Mr. Pettit,
I have an issue with my ex-landlord that I’m confused about. I hope this doesn’t count as specific legal advice, but is it considered “normal wear-and-tear” if there was an “odor” left on the mattress, comforter set, pillows, and curtains in the bedroom? They said they were forced to buy a new comforter set and pillows, and then deep clean the curtains and mattress. This “odor” wasn’t explained with any specific description or even adjectives, and we never smoked in the house and had no pets so it couldn’t be anything that breached the lease. Is “odor” without proven cause a matter of opinion or at least covered under “normal wear-and-tear” ?

]]> By: R May http://petriestocking.com/blog/2010/01/07/landlords-should-not-play-games-with-tenants-security-deposits/comment-page-1/#comment-1209 R May Tue, 14 Jun 2011 16:23:26 +0000 http://petriestocking.com/blog/?p=1059#comment-1209 Mr. Finger's comment is the first comment, 1-8-2010 Mr. Finger’s comment is the first comment, 1-8-2010

]]> By: R May http://petriestocking.com/blog/2010/01/07/landlords-should-not-play-games-with-tenants-security-deposits/comment-page-1/#comment-1208 R May Tue, 14 Jun 2011 16:20:45 +0000 http://petriestocking.com/blog/?p=1059#comment-1208 To Mr. Finger's comment, immediately below. Mr. Finger, if you "withheld every penny of it," you would end up in the same boiling pot of stew as Tschantz. To Mr. Finger’s comment, immediately below. Mr. Finger, if you “withheld every penny of it,” you would end up in the same boiling pot of stew as Tschantz.

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/2010/01/07/landlords-should-not-play-games-with-tenants-security-deposits/comment-page-1/#comment-1075 Tristan R. Pettit, Esq. Thu, 17 Mar 2011 16:21:41 +0000 http://petriestocking.com/blog/?p=1059#comment-1075 Merrie -- I cannot give legal advice via this blog. I can tell you that if a tenant does not give a landlord proper notice to vacate (and the requirement to give the notice was legal) then the landlord has a duty to attempt to mitigate the tenant's damages by re-renting the unit. If the landlord is able to re-rent the unit then the tenant would only be responsible for the costs of re-rental and any rent that was lost. So if you re-rented quickly and now rent was lost then the old tenant may not be responsible for any rent. Improper deductions from security deposit are the #2 most litigated area in landlord-tenant law (after evictions) so you want to have that carefully analyzed. T Merrie — I cannot give legal advice via this blog. I can tell you that if a tenant does not give a landlord proper notice to vacate (and the requirement to give the notice was legal) then the landlord has a duty to attempt to mitigate the tenant’s damages by re-renting the unit. If the landlord is able to re-rent the unit then the tenant would only be responsible for the costs of re-rental and any rent that was lost. So if you re-rented quickly and now rent was lost then the old tenant may not be responsible for any rent.

Improper deductions from security deposit are the #2 most litigated area in landlord-tenant law (after evictions) so you want to have that carefully analyzed.

T

]]> By: merrie http://petriestocking.com/blog/2010/01/07/landlords-should-not-play-games-with-tenants-security-deposits/comment-page-1/#comment-1074 merrie Thu, 17 Mar 2011 14:29:38 +0000 http://petriestocking.com/blog/?p=1059#comment-1074 what moderation is needed? what moderation is needed?

]]> By: merrie http://petriestocking.com/blog/2010/01/07/landlords-should-not-play-games-with-tenants-security-deposits/comment-page-1/#comment-1073 merrie Thu, 17 Mar 2011 14:25:33 +0000 http://petriestocking.com/blog/?p=1059#comment-1073 Tenant gave me 28 day notice to vacate on Feb. 23rd, tenant began moving out on Feb. 25th. Tenant called me to do a move-out inspection & turned over keys on March 2nd (7 days later) Because the tenant did not give me adequate notice are they responsible to pay March? Tenant gave me 28 day notice to vacate on Feb. 23rd, tenant began moving out on Feb. 25th. Tenant called me to do a move-out inspection & turned over keys on March 2nd
(7 days later)

Because the tenant did not give me adequate notice are they responsible to pay March?

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