What type of allowance should be given regarding gas left in the fuel tank when a tenant vacates?

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What type of allowance should be given regarding gas left in the fuel tank when a tenant vacates?

We are on a month-to-month loosely written lease only specifying rental cost and security deposit, no other specifics. We plan on giving 30 day notice. When we moved in gas tank was at 20%. We have paid almost $800 and the tank is now sitting at 80%. Are we entitled to recover the prepaid 60% of fuel? How long does the landlord have to return our security deposit? $153 of the fuel was paid by state fuel ssistance.

Asked on November 30, 2011 under Real Estate Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The start to answer your question would be to carefully read your presumed written lease for the rental in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law. If there is mention about allocation of fuel and reimbursement upon move out, the lease would control.

If not, I would then mention to the landlord that the gas tank is much higher for the rental upon your move out as opposed to when you moved in and that you should be entitled to a credit for the amount of fuel that you actually paid for (do not count state fuel assistance amount) above the move in amount to be reimbursed to you. That seems like the fair thing to do.

As to the return of the security deposit, most states have requirements depending upon the state you live in that the security deposit must be returned within 21 to 45 days after move out by the tenant.


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