[Ruplingers]

My husband and I lived with our son in a Townhouse in Wausau, WI. Our lease was up in November of 2008, but never had us sign a new lease. I lost my job and we started to get behind in our rent. When we got our tax return we paid the rent we owed including late fees and such. My husband and I decided it was too much money living where we did so we moved out March 22, 2009 from our townhouse to move in with his parents. The townhouse was $600 per month including heat. In the beginning of March we sent him a check for 200, and let him know when we were out about 2 weeks early. We just got a bill in the mail saying we owe him $420 in lost rent plus $746 in charges from a move out report.
Breakdown of charges:
Painting the walls in the kitchen: $100
Painting the walls in the bathroom: $75
Removing a shading spray from the window in the shower: $30
Painting the walls in the living room: $100
Painting 1 wall in the bedroom: $50
"Gash" in the wall (that we filled from moving our bed upstairs): $10
Removing the stair heads (to again get our bed upstairs): $40
Nails in the wall: $32 ($1 for each)
9 bulbs burned out: $9 ($1 for each)
Front door screen ripped: $10
Smoke detectors not working (they were, we just let the batteries hang out because they kept going off all the time from us taking showers): $75
7 hours of cleaning time "all the floors are sandy and need scrubbing" (we scrubbed the floors for a long time before we left): $210
Property Manager's T & M (which I'm assuming means time and money): $50

I don't know what to do, we don't have that kind of money - with a 1 year old son with me working CNA and my husband working at the local farm and fleet.

Most of these things were wear and tear like the painting and such, plus we weren't living there on a lease.

Is there anything I can do?

[tickle]

You must have lived there for some time prior to November for tha much neglect . If you have no proof you left the place in decent shape, I don't know what else you can do but pay up.

Best to remember to take pictures when moving from a rental residence if you want to prove you took care of the place when this issue arises.

Tick

[danielnoahsmommy]

I thought painting is considered normal maintenance for the owner to do before a new tenant moves in.

[tickle]

Usually there will be a walk through inspection before tenant moves out and then all issues resolved regarding damage above wear and tear.

This sounds like more then wear and tear.

Tick

[JudyKayTee]

i thought painting is considered normal maintenance for the owner to do before a new tenant moves in.

In my area it depends on what is reasonable - for example, if children draw on the walls, then it's covered by the security deposit. If it's a question of the walls being dingy or dirty, then it's not. That would be normal wear and tear.

I would advise that OP that she can always take the landlord to Small Claims Court and argue how long she lived there, admit to some damage, deny other damage, argue that $1 per nail hole is unreasonable (I was a landlord and I paid by the hour to have repairs made, not by the nail hole). Might win, might lose, landlord might fold. I think it's worth making the attempt IF OP has the time and inclination.

[excon]

Hello R:

I'd sue 'em as quick as your little feet can carry you to the courthouse... $1 per nail hole?? $375 for painting?? They're ripping you off, and if I can tell from here, the judge will be able to tell from there.

excon

[Ruplingers]

This is ARuplinger -

I did some further research and found out that in the state of Wisconsin a landlord has 21 days to return the full amount of the security deposit to the renter, and that it actually states in WIS. ADM. CODE § ATCP 134.06 that a security deposit can't be used for routine painting or repairs, or for wear and tear, so I'm hoping I'll be able to get it back. This is a copy of the letter I sent him:



Attention ATN Management Group LLC:



On April 15, 2009 we received your itemized statement explaining why you were withholding all $600 of the security deposit, plus a bill for $566.
In reviewing your statement, we noticed that you charged $325 for paint, $260 in labor, $32 for 32 nail holes, $9 for 9 burned out light bulbs, $40 due to the stair heads being brought up not noting that they were put down again. You also appear to be charging us $75 for smoke detectors that were working when we left.
As we are sure you are aware, under WIS. ADM. CODE § ATCP 134.06 you may not withhold a security deposit for routine painting or repairs and normal wear and tear, or any money that legally under lease isn't owed to you. The Act also states that if I am forced to sue you to recover my deposit, and I win, you may have to pay double the security deposit plus court costs and attorney's fees.

[Ruplingers]

You must have lived there for some time prior to November for tha much neglect . If you have no proof you left the place in decent shape, I dont know what else you can do but pay up.

Best to remember to take pictures when moving from a rental residence if you want to prove you took care of the place when this issue arises.

tick

You're missing the whole point tick - that they are dishonest charges

[tickle]

Hi, Rup, no not missing the point. Have done a lot of renting in my time in many countries but always repaired anything I did before moving out of house or apartment, and always, always took pics before I left.

Tick

[artlady]

This is ARuplinger -

I did some further research and found out that in the state of Wisconsin a landlord has 21 days to return the full amount of the security deposit to the renter, and that it actually states in WIS. ADM. CODE § ATCP 134.06 that a security deposit can't be used for routine painting or repairs, or for wear and tear, so I'm hoping I'll be able to get it back. This is a copy of the letter I sent him:



Attention ATN Management Group LLC:



On April 15, 2009 we received your itemized statement explaining why you were withholding all $600 of the security deposit, plus a bill for $566.
In reviewing your statement, we noticed that you charged $325 for paint, $260 in labor, $32 for 32 nail holes, $9 for 9 burned out light bulbs, $40 due to the stair heads being brought up not noting that they were put down again. You also appear to be charging us $75 for smoke detectors that were working when we left.
As we are sure you are aware, under WIS. ADM. CODE § ATCP 134.06 you may not withhold a security deposit for routine painting or repairs and normal wear and tear, or any money that legally under lease isn’t owed to you. The Act also states that if I am forced to sue you to recover my deposit, and I win, you may have to pay double the security deposit plus court costs and attorney's fees.

I think you covered all the bases and that should get his attention.
In New York The attorney generals office also assists with landlord tenant disputes.
Also in New york your security deposit is to be banked upon receipt and any interest accrued is added to your total deposit.You may want to see if those things apply in your state as well.

[JudyKayTee]

I think - again - that this boils down to what is reasonable and what is not, a "he said/she said" situation. I appreciate what the Law says but if it is the landlord's contention that these "repairs" were not simply some sort of routine maintenance, the Law is not going to apply.

This needs to go to Small Claims Court with proof on both sides.