Wisconsin Rent Law

[The_Animus]

Hello everyone. A short(hopefully) background of the situation. I lived with 3 people for two years in an apartment. After the lease was up for the second year my girlfriend and I moved into our own one bedroom apartment. The other two roomates and one of their brothers lived there for another two months after that while trying to find a townhome to live in. They found one, moved out on august 1st. We cleaned up the place but we still had caused damage above normal wear and tear and had numerous damage charges. Overall we were charged $1,000 and our security deposit is only 300 so we still owe about 700.

I read up on some of the rent law so I know some of my basic rights but there are other questions I have that would be more easily answered by someone who knows about this.

1. Once they have done their inspection and have given us a list of the charges can they change those charges? They charged us for 1/3 the carpet replacement. Could they change it to 1/2 if they wanted? They charged us $200 because we had a cat and didn't tell them and that is the standard deposit for a cat so. However she said if she wanted she could legally charge as much as $500 for that. So can she change that?

2. They apparently did some cleaning above what we did. We cleaned the floors and the walls and the cupboards and the oven and bathrooms and everything, but they said they still had to clean some things. For instance there was a stain ring around the inside of the toilet that had to be chipped off and there was some sticky substance on one or two of the windowsills. Could they charge for that if they wanted to or would that be considered normal wear and tear?

3. If I want receipts for all the expenses they paid to fix up the apartment does she have to legally give me a copy?

The reason I ask is because one of the original charges we were billed for was not damaged by us. There was a charge for damage to the vinyl tile and before moving in we were told it was already damaged and that they intended on replacing it but didn't because it was three guys (when we initially moved in) and there was limited time to clean up everything before the move in date. We said on the pre-existing damage sheet that there were "multiple damage spots on the tile". She said that there were holes in the bathroom vinyl. We think they were already there and that general use of the floors resulted in the holes getting bigger over our stay at the apartment. Nonetheless they charged us for 1/3 the replacement cost. I was told that she only did this because she didn't want to "nickel and dime" us and put every small little charge on there so instead she didn't include many smaller charges we should have been charged for and instead listed it as that. It is true that on the form they use there is a limited amount of space and putting numerous smaller charges would clutter the page.

In any case she basically said even if they couldn't charge us for that they could simply add the other charges they didn't put on there or increase other charges to their legal limit.

So that is why I wish to know.

[madurobob]

Curious that no-ne has responded yet. Here is my take. I happen to be a LL in NC. State laws vary, but most can be superceded by a well written lease. When in doubt, refer to your lease. Also, lots of pictures help, and I hope you have a copy of your lease and of the move-in checklist.

1. Once they have done their inspection and have given us a list of the charges can they change those charges? They charged us for 1/3 the carpet replacement. Could they change it to 1/2 if they wanted? They charged us $200 because we had a cat and didn't tell them and that is the standard deposit for a cat so. However she said if she wanted she could legally charge as much as $500 for that. So can she change that?They can and should charge you, but charges must be reasonable. 1/3 of the carpet replacement is fair if the carpet was relatively new, but obscene if the carpet was 10 years old. Check the lease on the bit about the cat - it is always spelled out specifically. The pet deposit is usually just that; a deposit to cover pet damages. So, if the damage to the carpet is because of the cat, the deposit would cover (some of) that. It is dishonest to charge you a deposit for the cat and then not give you credit for that deposit when assessing damages.

2. They apparently did some cleaning above what we did. We cleaned the floors and the walls and the cupboards and the oven and bathrooms and everything, but they said they still had to clean some things. For instance there was a stain ring around the inside of the toilet that had to be chipped off and there was some sticky substance on one or two of the windowsills. Could they charge for that if they wanted to or would that be considered normal wear and tear?
Normal wear and tear. They *must* clean the place before re-renting it and they *cannot* make you pay for that. Your job is to clean it well, their job is to make it excellent for the next tenant (this almost always means fresh paint in high wear places, carpet cleaning, etc...).

3. If I want receipts for all the expenses they paid to fix up the apartment does she have to legally give me a copy?
Nope. Not unless you are disputing them in court.

The reason I ask is because one of the original charges we were billed for was not damaged by us....(snipped)...
We said on the pre-existing damage sheet that there were "multiple damage spots on the tile". She said that there were holes in the bathroom vinyl. We think they were already there and that general use of the floors resulted in the holes getting bigger over our stay at the apartment.
I think you in the right here. If its noted on the move-in check list it is the LL's fault for not fixing it. They cannot charge you for existing damage that simply got worse because they did not fix it.

In any case she basically said even if they couldn't charge us for that they could simply add the other charges they didn't put on there or increase other charges to their legal limit.
Scare tactic. Call her bluff and tell her you will dispute the damages in court/dispute settlement. She'll have a hard time explaining to the judge why she wants to add a bunch of new stuff to a damage assessment she's already turned over to you.

Oh, and for the new place you are moving in to, make sure to pay very close attention to th move-in check list. As you are now aware, it can become very important.

[The_Animus]

Thank you very much for your response. We already finished handling this issue but its still helpful for future reference.

The thing about the cat is that we didn't initially have one, and when we did get one we didn't tell the landlord. So when she found out we had one when we were moving out she was able to charge us just for having had the cat. She charged us $200 for that, which I think was the amount of the pet deposit or whatever, but she said she could charge as much as $500 legally.

I did not know that they couldn't charge for cleaning though... which is what most of the 'other charges' that she didn't want to put on there were.

Ultimately our bill was lowered though to $550, which was about $225 from what it originally was. So at most we might have paid $100 between four of us that we weren't legally required to and thats such a small amount that I don't really care.

Thank you for your answer!