Legal Question in Consumer Law in Wisconsin

Security Deposit over what you paid.

We paid $399 for a security deposit.

We are told we have to pay $639.04

above that for new carpet. They

claim all carpet was damaged due to

our dog, urine damage. She was

authorized, there were no visible

stains, they claim it was the pad.

They replaced all carpet without

telling me when, and destroyed all

carpet so they have no proof all

carpet was damaged/stained. I know

it was not in all room, I will admit

the living room carpet had potty

stains on the pad only, but the

bedrooms and hall did not. Whey

should we have to pay for something

that isn't wrecked because they

want all carpet to match. There is

nothing is the lease stating we are

responisble for anything over the

security deposit. We already filed a

claim with department of agricultre

and consumer protection, the

apartment complex doens't seem to

care. I want to know if you think we

would win given they have no proof,i

know it was not in all rooms. They

can keep our security deposit but we

don't want to pay over that because

it isn't worth that much money. We

want to take them to small claims

court, do you think we'll win? What

fees would we responisble for if we

don't win?


Asked on 7/22/07, 7:49 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Security Deposit Recovery from Landlord

In WI, tenants who lose their security deposit to their landlord can sue in small claims court. They generally win to the extent that the landlord cannot prove that the tenant actually owed them the money, and provided that they have given the tenant an accounting within a few weeks from the time the tenant left. Judges consider such factors as business records, check in/check out forms, credibility of testimony, physical evidence and expert opinions in determining who wins. Landlords may not charge the tenant for ordinary wear and tear, but can charge them for damages. Urine soaked carpet would generally need to be disposed of for health reasons and in order to eliminate odors. Therefore, if the landlord can prove this occurred he will probably win on reasonable carpet/pad replacement charges, so long as the carpet was not that way before the tenant moved in. Tenants who recover money can sometimes also recover actual reasonable attorney fees for the litigation expenses attributable to the legal issue upon which they won.

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Answered on 7/30/07, 6:55 am


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