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Tristan’s Landlord-Tenant Law Blog

Archive of: Security Deposits

Attorney General States That A Tenant Can Be Required To Pay For Carpet Cleaning Upon Vacating

Posted by Tristan R. Pettit, Esq. in ATCP 134, State of Wisconsin, Carpet Cleaning / Comments

It is not often that I get to report good news for landlords, so when the opportunity arises I am especially happy to do so.  Today is one of those times.  Earlier today the Wisconsin Attorney General issued a formal legal opinion that states that it is legal for a residential landlord in Wisconsin to require an outgoing tenant to pay to have the carpet in the unit professionally cleaned ...

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2011 Wisconsin Act 143 (Landlord Omnibus Law) Also Applies To Commercial Landlord-Tenant Law

Posted by Tristan R. Pettit, Esq. in ATCP 134, Legislation, Rental Agreements, Rental Documents, Security Deposit, Property Management, State of Wisconsin, Landlord Liability, Holdover Damages, Attorney's Fees, Act 143 (Landlord's Omnibus Law), Commercial L-T Law / Comments

While this blog primarily focuses on residential landlord-tenant law, on occasion I also touch on issues applicable to commercial landlord-tenant law.  This is one such instance.Commercial landlord-tenant is more straightforward than residential in my opinion because commercial tenancies are less regulated than residential.  Typically what a commercial landlord and tenant agreed to and placed into their lease agreement is what governs.  The Wisconsin Administrative Code's ATCP 134 does not ...

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The Ever Important Security Deposit Transmittal Letter (or "21 Day Letter")

Posted by admin in Seminars, Security Deposit / Comments

Aside from evictions, issues regarding the failure to properly return a tenant's security deposit are, in my opinion, the single most litigated area in landlord-tenant law.In Wisconsin, if a tenant has deposited a security deposit to his/her landlord as part of a residential tenancy, the  landlord must comply with one of two options within 21 days after the tenant "surrenders" the landlord's rental unit:1.   Return the tenant's security deposit, or2.   Send ...

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Posted by Tristan R. Pettit, Esq. in ATCP 134, Security Deposit / Comments

Security deposit withholding issues are the second most litigated area in landlord tenant law after evictions.  If a landlord makes improper deduction from a tenant’s security deposit, pursuant to ATCP 134 and §100.20, Wis. Stats., the tenant may sue the landlord for double damages and attorney’s fees.  There are numerous published Court of Appeals decisions in Wisconsin dealing with this exact issue.  I would like to offer a ...

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