Should I take my previous landlord to court due to deductions that she’s made from my security deposit?
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Should I take my previous landlord to court due to deductions that she’s made from my security deposit?
My security deposit was $1,000 from which she deducted all of it, plus $167 (painting, carpet cleaning, waterbill, late rent fees and a few minor fees). I disputed about half of the deductions in writing. She responded with a new list of deductions. She added more to the late rent fees and forgot to add the painting. She stated that I now owe her an additional $267. Her hot buttons are the waterbill (which now has a 10% late fee) and the carpet cleaning. Can she add addtional fees after the 28 days? Can you recommend an attorney?
Asked on October 29, 2012 under Real Estate Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A landlord may add new charges if they only come to light after the fact--for example, if she discovers additional damage to a rental unit, which had not been obvious (or whose extent or cost to repair was not clear) earlier. However, all charges, whether added at the outset or later, have to be substantiated, both as to their existence and as to their cost. Also, a landlord may only deduct for certain things: unpaid rent or utility bills; late fees or interest if the lease authorizes them; repairs, or cleaning or painting, if such is required by damage or stains which exceed normal wear and tear (i.e. the regular, end of tenancy, before the next tenant moves in cleaning or painting should not be charged to a tenant).
If you believe the landlord is charging you for normal wear and tear, is charging you when there is no damage or is charging excessive amounts (beyond actual out-of-pocket costs), or is charging you fees not authorized by your lease, then yes--you may wish to take legal action to recover some or all of your security deposit.
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