Madison’s “Moving Day“ is this week! Learning the real deal about these common myths can help tenants protect their security deposits and avoid potentially being charged thousands of dollars:
MYTH #1: Landlords are required to do “routine” painting and carpet cleaning/carpet replacement in between tenants, or after a certain number of years.
FACT: The only time landlords can be required to deal with painting or carpeting is when there is a health and safety hazard, such as lead paint, a tripping hazard, or a serious mold problem.
MYTH #2: Landlords can charge tenants for the cost of painting, carpet cleaning, and carpet replacement.
FACT: The Wisconsin Department of Agriculture, Trade, and Consumer Protection cannot be charged for routine painting or carpet cleaning. They can only be charged for damages resulting from “unusual abuse” to the paint or the carpets, beyond normal wear and tear. Even then, landlords can be required to adjust the total cost for depreciation. In the case of full repainting and total carpet replacement, landlords can be required to show that a less expensive repair was not sufficient.
MYTH #3: If a tenant signed a lease agreeing to pay for certain costs, they can’t take them out of the security deposit.
FACT: According to the statutes, landlords cannot charge a security deposit for routine painting, cleaning, or carpet replacement – NO MATTER WHAT! Putting this in the lease can even work against the landlord in small claims court, since a judge might decide that requiring it for everyone makes it “routine” and thus illegal. Even if cleaning, painting, or carpet replacement is necessary due to tenant damage, landlords can only charge for actual costs. Madison landlords are required to provide estimates and receipts along with their itemized list of deductions. This list and/or the security deposit return is due back to the tenant within 21 days of their lease ending.
FAQ: What do I do if my landlord charges me for painting or carpet cleaning anyway?
ANSWER: Tenants who want to dispute charges should write to the landlord asking for the amount they think is fair to be returned by a certain deadline, informing the landlord that if they don’t receive it they will sue in small claims court for double the wrongfully withheld amount plus court costs and attorney’s fees. Check-out sheets, sample letters, and more information is available from Tenant Resource Center:
Website: www.tenantresourcecenter.org
Walk-in appointments: Mon – Fri , 9-6 at 1202 Williamson Street Ste. 102, and Mon & Thur 12-5 on the 3rd floor of the UW-Madison Student Activity Center at 333 E. Campus Mall
Phone: (608) 257-0006
EXTRA HOURS: You can find us tabling at Live on King Street Friday, August 16, at Africa Fest and the Schenk Corners Block Party Saturday, August 17 and at Triangle Ethnic Fest Sunday, August 18!
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