Landlord keeping security deposit for bogus reasons?
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Landlord keeping security deposit for bogus reasons?
My ex-landlord is keeping my security deposit for lots of reasons, all I deny except for the dirty oven which I couldn’t clean because of my disability (of which he is aware). He says that he spent 9.5 hrs @$30/hour cleaning which was totally not needed. Also, whenever the microwave was used (his) it blew a circuit breaker. This sometimes took him days to get me electricity back. I don’t think the wiring was safe? And the pilot light blew out if the back door was open. Finally, outside were 2 sets of cement stairs and tne leading to the sidewalk never had any railings. Isn’t that required for safety?
Asked on September 28, 2010 under Real Estate Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, an apartment must be safe for the tenants and it must comply with the law regarding handrails, etc. In Wisconsin a landlord must return the full security deposit within 21 days or give you list of itemized deductions. If he does not then you can sue and get court costs and reasonable attorney's fees. If you live in the City of Madisonthere may be additional rights you have. The standard used is "normal wear and tear" in order to judge if the deduction is valid. If you believe that the deductions are unreasonable (and I have to say that they may be a bit excessive here) then seek legal help. You can sue in small claims court as well. Try and see if legal aid or a tenant's rights organization can help you. Good luck.
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