Comments on: What May A Wisconsin Landlord Legally Deduct From A Tenant’s Security Deposit?

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Sun, 06 Jun 2010 23:30:04 +0000

Amy – thanks for your question. I am unable to give out legal advice via this blog. Your questions is also very fact intensive — in order to give you proper legal advice, I or another attorney, would need to review your rental agreement, discuss with you about any communications between the parties etc etc. — you should retain and consult with an attorney to insure that you get proper and accurate advice.

By: Amy

Amy — Sun, 06 Jun 2010 18:29:14 +0000

I had a tenant on a lease which expired they asked to stay month to month (which they did). When they moved out they did not give me a notice of any sort, just packed up and left all in one day. Can I keep their security deposit to cover their 30 day notice?

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Sat, 08 May 2010 21:48:54 +0000

Ben – Thanks for your question. According to the Wisconsin Administrative Code, specifically ATCP 134, which is entitled Residential Rental Practices, a landlord must do one of two things within 21 days of a tenant vacating a rental unit. The landlord must mail or deliver the full amount of the security deposit to the tenant or the landlord must send or deliver a statement of how the security deposit was applied. Essentially this “21 day letter” should clearly identify what your security deposit is being retained for: past due rent, late fees, utility charges, damages to the unit etc. I always tell my landlord clients that they should itemize the amounts deducted so that the tenant who receives the letter has a clear understanding. ATCP 134.06(4) states that the “statement (i.e. letter) shall describe each item of physical damage or other claim made against the security deposit, and the amount withheld as reasonable compensation for each item or claim.:

By: Ben

Ben — Sat, 08 May 2010 21:22:47 +0000

Must a landlord provide you with an itemized list of intended deductions to your security deposit before deductions, and must they be able to provide you with that list upon demand? (Wisconsin)

Thank you!!

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Sat, 10 Apr 2010 18:24:59 +0000

Thanks for your question. Commerical leases are very different then residential leases and the laws that are applicable are also different. So you need to read your commercial lease carefully. Commercial leases are also typically for a longer term so a tenant may be on the hook for rent for a longer period of time not to mention the fact that commercial properties are also more difficult to re-rent quickly.

I cannot specifically answer your question as I cannot give legal advice via this blog. However, the general law says that if a landlord is able to re-rent a property for the same rental amount as the breaching tenant paid then the landlord has not been damages except for the associated costs of re-rental. So there is a possibility that you may have to return some of the tenant’s security deposit. But there are many facts that could be at play that would affect that answer as well as what the commercial lease says.

By: Jenneane

Jenneane — Thu, 08 Apr 2010 22:09:43 +0000

I had a renter on a 1 year commercial lease(standard form). He gave me one day notice that he will no longer be renting. I have 2 months rent for security deposit. If I rent it after 1 month do I return his 2nd month?

By: John (Dr Rent) Fischer

John (Dr Rent) Fischer — Tue, 19 Jan 2010 16:51:57 +0000

Personally, I will list the lease term as 1 year, from 2/1/10 to 1/31/11…

Then there is normally a place for a few lines of comments, where I will write in “Tenant may occupy the premises prior to 2/1/10 by paying a pro-rated rent of $___ per day”

In addition to court officials not knowing that you can get around the 30-Day Notice requirement by having other language in the contract, many don’t know that there is a 30-Day Notice requirement once that lease exceeds a year in length