Creepy Ex Landlord won't return deposit in WI (apartment, lease, tenant)
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I recently moved from a duplex which was purchased in August 2013 from my original landlord by a new individual. New landlord is apparently witholding my security deposit as it has been 21 days and I have not received the deposit or a letter concerning the deposit. After moving out, he has also been emailing and calling me because he is convinced I hit his car in the parking lot of the property (I didnt and he has no case against me). I think he is just trying to intimidate me so I wont go after the deposit.
Original lease with old landlord was done in Sept 2013. Old lease said 30 days to return security deposit. No new lease with new landlord. He gave us notice to vacate at end of Sept 2013 as he planned to renovate the building. We negotiated to stay until Nov 10, 2013 and paid rent through that date.
Wisconsin law says 21 days to return deposit. Do old lease terms of 30 days to return deposit apply? I want to send a demand letter for return of security deposit asap and then file with small claims for double the deposit plus filing fee and service fee if he doesnt return the deposit, but I need to know when I can send the letter. Also my college age sons were also on the lease. Do they have to be named as plaintiffs also when I file for small claims?
FYI apartment was clean upon move out and I do have pictures. Thanks for any help you can give.
Your basic issue is with the OLD Landlord as you initially gave him the security deposit. I think he would have had to transfer that money over to the NEW landlord since it's a Deposit. I would check there before jumping to conclusions.
NEW landlord cannot give any refunds if it is not in his possession,
Your basic issue is with the OLD Landlord as you initially gave him the security deposit. I think he would have had to transfer that money over to the NEW landlord since it's a Deposit. I would check there before jumping to conclusions.
NEW landlord cannot giv
The new landlord bought the home with tenants and had to honor the current lease, including the deposit, which should've been given to him at the closing of the home. If it wasn't that's not the tenants issue..that between seller and buyer. The new landlord owes the deposit to the tenant.
OP: If I were you, I'd go by the state laws and send him a RCC letter demanding your deposit back. You should've have gotten something by him at this point...and is it 21 days or 21 business days?
State law supersedes what's said in the lease and Kim is right - the new LL is the one who has to return to you your security deposit. Send your demand letter via return receipt certified mail and give him 10 days from its date to return your deposit before filing your claim. You should double check your WI state landlord tenant laws which you'll probably find linked in the first "sticky" on this page. Good luck.
STT resident and Kim--thank you for your response! I am wondering,are you certain that state law supersedes what is in the lease, and does the lease even apply if it expired Sept 1 2013? New landlord did not do a new lease and gave notice to vacate around last week in Sept 2013.
Also, new landlord sent in writing about having to return deposit within 21 days on his letter when sending notice to vacate, but then tried to say he had 30 days upon walk through and gave me a copy of old lease. He also said in an email that he has 30 days and did not respond when I asked him if this was a local ordinance since WI law says 21 days.
STT resident and Kim--thank you for your response! I am wondering,are you certain that state law supersedes what is in the lease, and does the lease even apply if it expired Sept 1 2013? New landlord did not do a new lease and gave notice to vacate around last week in Sept 2013.
Also, new landlord sent in writing about having to return deposit within 21 days on his letter when sending notice to vacate, but then tried to say he had 30 days upon walk through and gave me a copy of old lease. He also said in an email that he has 30 days and did not respond when I asked him if this was a local ordinance since WI law says 21 days.
Yes, in most states, when a 1 year lease term is ended, all of the requirements in it are still valid, but it continues on a month to month basis.
The state law appears to be very clear regarding the return of the deposit within 21 days.
Quote:
https://docs.legis.wisconsin.gov/sta...tatutes/704/28
(4) Timing for return. A landlord shall deliver or mail to a tenant the full amount of any security deposit paid by the tenant, less any amounts that may be withheld under subs. (1) and (2), within 21 days after any of the following: (a) If the tenant vacates the premises on the termination date of the rental agreement, the date on which the rental agreement terminates.
(b) If the tenant vacates the premises before the termination date of the rental agreement, the date on which the tenant's rental agreement terminates or, if the landlord rerents the premises before the tenant's rental agreement terminates, the date on which the new tenant's tenancy begins.
(c) If the tenant vacates the premises after the termination date of the rental agreement, the date on which the landlord learns that the tenant has vacated the premises.
(d) If the tenant is evicted, the date on which a writ of restitution is executed or the date on which the landlord learns that the tenant has vacated the premises, whichever occurs first.
In most states the landlords failure to return the deposit, in the time specified, negates any rights he might have to deduct any damages.
Update--Well now he has his little behind in hot water. I emailed him today, 30 days from the date of the move, asking about my deposit, and he indicates he will not entertain returning my deposit until I pay him for the damage to his car that I didnt cause. He is in sooooo much trouble now!! I will bring these emails, my lease, my pictures, and anything else I can find to court and sue his behind!!!
Update--Well now he has his little behind in hot water. I emailed him today, 30 days from the date of the move, asking about my deposit, and he indicates he will not entertain returning my deposit until I pay him for the damage to his car that I didnt cause. He is in sooooo much trouble now!! I will bring these emails, my lease, my pictures, and anything else I can find to court and sue his behind!!!
Damage to his car?! Where does that fit in this little drama of yours?
You need to go to the courthouse today and file in small claims....and keep us updated on this please
The thread was started as "creepy ex LL..." Which makes me wonder what is going on since the wording was used prior to knowing if the LL would return the money or not.
There is more to this story since now a car damage is incl.....if that had come out of the blue without the wording "creepy ex LL..." I would have thought the LL might be weird and perhaps the LL is weird, but there seems to be more to this story.
We gave in the last month 2 tenants full security deposits back, and 2 have deductions...guess what...the 2 who didn't do the right thing got the same email how we handle a move out and what is expected so they can get their deposit back ...
One is calling dust and dirty " normal wear and tear" and believes it is ridiculous that we charged $150 for cleaning what was not cleaned. We charged money hauling off some items that were left behind and for putting plants where empty spots were left and dead plants, and put in mulch....etc.
But the famous sentence was used " we left it better than when we moved in"!
The thread was started as "creepy ex LL..." Which makes me wonder what is going on since the wording was used prior to knowing if the LL would return the money or not.
There is more to this story since now a car damage is incl...
It was all in the first post..here is the quote:
"New landlord is apparently witholding my security deposit as it has been 21 days and I have not received the deposit or a letter concerning the deposit. After moving out, he has also been emailing and calling me because he is convinced I hit his car in the parking lot of the property (I didnt and he has no case against me). I think he is just trying to intimidate me so I wont go after the deposit."
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