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Last month I found an apartment that I liked, so I filled out a rental application and was accepted. The landlord asked for the security deposit in order to hold the apartment. I mailed out the check (3 weeks before I have to be out of my current place) and when I didn't hear anything from him for 12 days I called to confirm he got it. He called back saying I had filled in the incorrect date on the check. When I tried contacting him as to what he wanted me to do to remedy it, I got no response.
Multiple calls with messages left and texts went unanswered (1 week before i have to be out).Since I still had no signed lease and no contact with the landlord and less than a week to be out of my apartment I found another place to live and signed a lease. Then, on the literal last day in my current apartment the missing landlord called asking when I wanted to come sign the lease. When I told him that due to having no contact with him I found another place he told me he will be keeping my security deposit. Is this legal in Wisconsin?
To reiterate, I never signed a lease and there is nothing on my copy of the rental application saying I would lose my security deposit. Any help would be appreciated. I really don't have money to hire a lawyer, and not getting the security deposit back would really make money tight.
The rental application just says security deposit due at time of approval to secure apartment.
That wording implies that it is a holding deposit, but doesn't specifically state that it is non-refundable if you back out (the point of a holding deposit). I'd call that vague at best.
Could go either way in court. You showed intention to rent the property by paying the deposit "to secure apartment", which means they probably pulled the advertising and held it for you. You didn't sign a lease, which means the deposit is the only thing at risk, you wouldn't owe any rent or lease break fee. That is the good news.
You said you tried to remedy the situation with phone calls that went unanswered. But did you ever contact the landlord in writing or go to the office? Did you ever, in that 3 week period, inform them that due to their lack of response, you were left unclear as to your status and were forced to find alternative housing? Or did that not come up until the day you were supposed to move in?
If you didn't inform them until move in day that you had made other arrangements, that would work against you in court. You had an accepted application that you paid what amounts to a holding deposit on. The intention, in writing, is that both parties intended to go forward. If that intention was never changed, in writing, that is the bad news.
Ulitimately, it depends on how landlord friendly or tenant friendly your state is. If it came down to it in court, it could go either way, depending on the judge's mood. In my state, I think you would lose, even given what you've stated. I don't agree with that, but it is the way it is. If you were in California, you'd probably win. In Wisconsin, I have no idea.
Big question, though. Has your check cleared? If not, you could put a stop payment on it. You said the landlord said you put the wrong date on it, so maybe that means he hasn't deposited it yet.
Right when the landlord said wrong date, you should have cancelled that check. When you started looking for other apartments, you should have cancelled that check. When you signed the lease with a different complex, guess what, you should have cancelled the check. You weren't as proactive as you could have been. Has the check been cashed?
Couple questions. Did you have a walk through of the first apartment? Did you meet the first landlord in person? You said you mailed the check. If you never saw the landlord or the place, I say you should get your money back. If you went, in person, went to meetings about the apartment, made a set date to move in, verbally agreed to everything, went back, mailed the check, then the problem ensued, then a serious miscommunication happened.
Gosh, that's a hard one. Even if the landlord suffered a financial loss for that month or two due to the apartment being off the market/assuming this possible tenant is still interested, would the extreme lack of communication from the landlord be considered negligence with other people's money/time/living? If one runs a business, one should be professional enough to respond to customers who've already given them money. Ya know? That's all if it went down exactly how OP describes, which in this forum, people like to skew views to their benefit even though it just hurts them in the end.
Looks like you are in the Janesville area based on your profile zip code.
Try finding your answer on Wisconsin Tenant Resource Center website here: Tenant Resource Center.
This is the best resource for the state of WI handsdown.
They are also very helpful if you need to call them but there are stipulations if you are outside of Madison and specifically Dane County so read and follow this page of their website closely because a fee may be required or a donation highly recommended. Know Your Rights - Tenant Resource Center
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