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Old 07-01-2015, 01:46 PM
 
Location: Nashotah, WI
47 posts, read 117,113 times
Reputation: 45

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Hey. Well basically, we were on a month to month lease. We gave him 3 month notice. We were VERY accommodating to him showing the place.. even if he got a call and a person wanted to look at it in a few hours if we were home we would let them check it out no issue.. left it in good condition, better then when we got it.

That was at the end of may our lease was up. Its been over a month and no security deposit. Wife called him and he texted back "Ive been on vacation, i'll call you Monday" Monday comes, no call. Try calling him again.. no response and no call back. He never sent us our security deposit or itemized list of deductions.

So my question is a few things.

First, we moved to Waukesha County. Can we sue through Waukesha courts instead of Milwaukee even though we lived in Milwaukee County?

Second, since he never returned it and if he does decide once we let him know we plan on suing, do we get the full amount back since we never received an itemized list of deductions by the time required?

Lastly, if we do end up having to sue i believe we can sue for 2x of what our deposit was. Would you suggest this or would the court look down upon that? I never sued anyone before.

Thanks for any help or tips.
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Old 07-01-2015, 02:25 PM
 
Location: Milwaukee, WI
3,367 posts, read 2,855,602 times
Reputation: 2967
Look info about "Small Claims Court". You need to write him a formal letter demanding security deposit (set an exact date by which it has to be returned or you will sue, make it at least 2 weeks after he should get this letter) and get it delivered to him by certified mail.

You can find some templates as to how to write in such a letter online. It doesn't need to be too formal, just be specific, present facts - what were terms of your agreement, when you moved in, when you moved out, was there any inspection, did your previous landlord rented the place to a new tenant after that, etc. It will help establish your case in the court.

Then, most likely outcome will be, you'll get your security deposit (less whatever that guys comes up) before that date.
If not, you go to small claims court, and file a case, and deliver him summons.

If you do sue him, I believe you can ask for 3 times of the amount, as long as its total is less than 5K.
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Old 07-01-2015, 05:43 PM
 
78 posts, read 228,325 times
Reputation: 56
Although I am a lawyer, this response does not create an attorney-client relationship. It is intended for the benefit of the community at large. Here are some answers to your questions and other things to keep in mind.

1. Make sure you identify the correct landlord. What I mean by this is, just because your landlord's name is Bob doesn't mean you should sue Bob. Your lease might have been with a business entity such as Bob Rentals LLC. Look to your lease to see who your rental contract was with.

2. Venue (where you can sue.) You can sue either in the county where the rental unit was, or the county where the defendant (the landlord) lives (if the landlord is a person) or has its principal place of business/main office (if the landlord is a corporation/LLC.)

3. Look up Wisconsin Administrative Code section ATCP 134.06. Look at section (2)(b). That defines the timing of "surrender" of the premises. Generally speaking, surrender occurs on the last day of tenancy as set forth in the lease, but there can be other situations such as moving out early or late. This section controls when the 21 day clock begins to run, which is critical in these types of cases.

4. Did you give your old landlord your new address? If not, all the landlord is required to is send the accounting to your "last known address," i.e., to the address you just moved out of. If you did not forward your mail through USPS, or if USPS did not forward it to you, the landlord is off the hook (assuming the landlord can prove it was sent within the 21 day limit.)

5. Assuming that the landlord has not complied as set forth above, you are entitled to damages in the amount of double your security deposit, plus costs and reasonable attorney's fees. Costs are items you pay for out of pocket such as the small claims filing fee and process service. You don't get attorney's fees unless you actually hire a lawyer; if you represent yourself, you can't argue "well I took 2 hours off of work to come to court and I lost $xxx in wages...". Doesn't work that way. Courts absolutely do not "look down" on these types of suits, so long as they are presented properly and you have the information to back up your claim.

6. The landlord would still be able to counterclaim against you for unpaid rent, utilities, damage exceeding normal wear & tear, or anything else related to your tenancy. Let's assume your security deposit was $1000. You would still be entitled to a judgment of $2000 plus costs, but that could be reduced by the landlord's claims against you. In other words, you don't completely escape responsibility for rent/damages/etc just because the landlord blew the 21 day accounting deadline.

7. Although perhaps unlikely, you need to check to make sure your landlord has not filed for bankruptcy. If your landlord has filed for bankruptcy, the automatic bankruptcy stay protects landlords from any type of collection activity (even just a letter), and, YOU could then be on the hook for a penalty for violating the bankruptcy stay. You would then need to seek remedies in the bankruptcy court regarding your security deposit.

I would encourage anyone in this type of situation to consult with an attorney, especially because if you win, you are entitled to recover your reasonable attorney's fees from the landlord as part of the judgment.
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Old 07-02-2015, 06:28 AM
 
Location: RI, MA, VT, WI, IL, CA, IN (that one sucked), KY
41,938 posts, read 36,777,503 times
Reputation: 40634
OP, your first call should be to the tenant resource center:

Tenant Resource Center

This is all they do, help you navigate the steps to protect yourself. It's an incredible group.
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