Comments on: Subscribe

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Tue, 15 May 2012 19:37:19 +0000

There are differing views on this. If you read the definition of “security deposit” in ATCP 134 – it would appear that a pet deposit (or even a restoration agreement deposit) would be considered to be a security deposit – if those deposits are greater than 1 months rent. I disagree with that interpretation as it would render things like restoration agreements meaningless.

So in my opinion, a pet deposit is not a securtiy deposit and is if improperly withheld is not subject to double damages and atty. fees claims. But I am sure that there are tenant advocates who would wholeheartedly disagree with me.

I have not had to litigate this issue so I do not know how a court would handle such a situation. I do not believe there is any Wisconsin caselaw on the issue either.

Good question.

By: jerry

jerry — Tue, 15 May 2012 18:24:41 +0000

Here’s a techincality ??—If you get a pet deposit and keep it for pet damages,and dont invade the “security deposit”, is that deposit still subject to double damages charges by tenant under AG code—- if found that charges were excessive or unwarranted against the pet deposit??

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Mon, 07 May 2012 18:29:07 +0000

Jerry — Wisconsin law requires that a landlord return a security deposit check made payable to all tenants listed on the rental agreement unless the tenants, in writing, identify a payee. This can be found in Wisconsin Administrative Code, ATCP 134.06(2)(d).

By: jerry

jerry — Fri, 04 May 2012 03:41:52 +0000

Heres a diff situation: 4 guys lease a home–all sign.
On termination, one guy says pay SD back to me and I will distribute to all. I am thinking SD check(for most of deposit) should be made out to all 4. they are saying that is messy and want it made out to one tenant. Does making it out to one leave landlord open for claim by others ??? I think one check same for initial deposit from 1 guy, but all 4 signed lease and were liable. your suggestion???

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Wed, 18 Apr 2012 19:27:56 +0000

Karen – Please understand that I cannot give legal advice via this blog.

You have touched on the 3 options. I have personally represented clients in havign a tenant “buy out” their lease in similar situations. I believe that a landlord can do this as the landlord is risking losing money as is the tenant. In my opinion the buy out amount has been bargained for and even if the next day someone re-rents the unit the tenant still got peace of mind by limiting their exposure knowing full well that they could’ve been “on the hook” for much more.

By: Karen

Karen — Mon, 16 Apr 2012 23:17:22 +0000

We have a tenant who signed a year lease, the tenant has stayed there for 3 months, tenants wants to move out so they can move in with someone else, no issues or complaints on either side. Tenant has asked us for options of lease termination.

Other than the sub-lease option or tenant being responsible for rent, until it is re-rented, is there a surrender fee that we can charge the tenant, since there are 9 months left on the lease, can we ask for a surrender charge for 4.5 months of rent or is there a limit on this fee? What if we re-rent the apt. before the 4.5 months are up, do we need to return a portion of this surrender fee?

Thanks in advance for your time!

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Tue, 10 Apr 2012 20:23:49 +0000

Julie — It sounds like this is a mess. Unfortuntely I cannot give legal advice via this blog but I would recommend that you contact an attorney to assist you with this.

From the limited facts that I know, you will most likley need to serve a notice on the tenant for moving in another roommate without your consent, unless you conduct a background check and agree to add the new roommate to the lease. If the roommmates doesnt vacate per the notice you could then evict everyone including the tenant that vacated in the middle of the lease.

The facts are extremely important as to how this is handled so I would retain assistance