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

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Tue, 22 Nov 2011 04:04:20 +0000

You can be under a month to month tenancy with a 60 day notice required. If that is what your rental agreement states then the landlord can hold you to that. My personal rental agreements that I use with my tenants are month to month with 60 days notice.

By: Diane

Diane — Fri, 18 Nov 2011 21:50:04 +0000

We have rented from our LL for over two years. We had a one year lease that then went month-to-month. The LL wrote “60 days” on the front of the lease near the area where it states that this is a one year lease then m2m. We gave him verbal notice on 10/18 that we would be moving on 12/1. At that time, he told us that we were supposed to give 60 days notice. However, as I understand it, once we went m2m, we only have to give 28 days notice. Can he withhold part of our security deposit for not giving 60 days notice?

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Fri, 04 Nov 2011 16:22:20 +0000

Sydney – it is there – here is the link

http://petriestocking.com/blog/2011/05/05/must-a-landlord-actually-repair-tenant-caused-damage-before-the-landlord-can-deduct-the-cost-from-a-tenants-security-deposit/

Or you can click on the topic of security deposits on the right hand side of my blog and it is the second entry

By: Sydney

Sydney — Fri, 04 Nov 2011 15:47:10 +0000

Hi Tristan – I do not see a post for May 5, 2011. Is it on a different site? thanks!

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Thu, 03 Nov 2011 22:38:41 +0000

Sydney — Great question. I already have a post on that exact issue — please see my May 5, 2011 post

By: Sydney

Sydney — Thu, 03 Nov 2011 15:44:35 +0000

If a landlord charges for damages out of your security deposit do they have to repair the damages they say they are charging for? Or can they decide to not make the repairs and let the next tenant move-in with the existing damages?

I have a friend that lived in a house for two years, he did not receive any of his security deposit back but did receive an itemized list of damages (all were accurate) BUT I moved into the unit after him and was well aware of the damages he was charged for and they were never repaired. I personally don’t think it is fair for a landlord to charge $2,100 in damages and never make the repairs.

Is there any law that says a landlord has to make the repairs they are charging for out of the security deposit?

THANKS!!!

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Wed, 02 Nov 2011 17:03:26 +0000

Katie — I cannnot give legal advice via this blog but I can discuss the law in Wisconsin regarding Automatic renewal clauses.

The law in Wisconsin is pretty clear that in order to enforce an automatic renewal clause that the landlord is required to have given the tenant a separate written reminder of the automatic renewal clause at least 15 days but no more than 30 days on top of whatever other notice requirement is set forth under the rental agreement.

For instance, if you have a 1 year lease that automatically renews for another year and requires a 60 day notice to vacate by the tenant, then the landlord — in order to be able to legally enforce the automatic renewal clause against the tenant — must have served the tenant with a written reminder of the automatic renewal provisions at least 75 days (60 days +15 days) but no more than 90 days (60 days + 30 days) before the end of the initial lease term.

This requirement of the separate notice is set forth in Wis. Stats. 704.15 and Wisc. Admin. Code, ATCP 134.09(3).

So it would depend on when you posted the notice on the tenant’s door, what the notice stated, and whether or not a court would consider posting of the notice on the tenant’s door sufficient to meet the requirements of the above statute and regulation. Sec. 704.15 specifically says that the notice must be served as required in Wis. Stat. 704.21 (regarding how to serve notices) — so according to 704.21 posting is only allowed after “reasonable diligence” has been made to personally serve or substitute serv the tenant, and then the posting must also be mailed to the tenant’s last known addres.

You should refer to my blog post on how to legally serve a 5 day notice – as that thoroughly explains how notices — including notices of an automatic renewal clause — should be served.

You should consult with an attorney prior to attempting to enforce tthis automatic provision against your tenant.