What are a tenant’s rights ot the return of their security deposit and pre-paid rent?

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What are a tenant’s rights ot the return of their security deposit and pre-paid rent?

My boyfriend and I have been living in an apartment for 6 years; now our landlord has given us an eviction notice for 60 days for no reason whatsoever. We paid rent last month for thid month and next month but he won’t give us our money back or even our security deposit. But I know after 5 years it’s normal wear and tear.

Asked on July 2, 2011 under Real Estate Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay so if he gave you 60 days notice and you paid 60 days ahead (if I calculate correctly as you have stated here) then your rent is paid through the remainder of your tenancy.  So you should be set.  If I have calculated incorrectly, and he will not return the rent, then stay through what would be the end of your leasehold (for what you have already paid).  Now, you are correct that security deposits are not for rent (in most states; in some they can be applied to back rent) and the generally rule is normal wear and tear is not deducted from a security deposit.  Here is the law in Wisconsin.  If your landlord does not return the security in the time stated sue him in small claims court.  Good luck.

Your landlord has 21 days after you move out to either return your deposit or tell you in writing why she/he is keeping all or part of your deposit.

MADISON WISCONSIN ONLY If your security deposit was more than half of a month's rent, your landlord must pay simple interest from the time you pay the deposit until the time you move out (MGO 32.07(3)). The interest rate changes every year. 

 


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