Legal Question in Landlord & Tenant Law in Wisconsin

Only a judge can decide whether or not replacement of carpet and vinyl was required due to ordinary wear and tear, vs. premature damage by the tenant. To assist them in proving this in court later, all tenants should prepare check in sheets any time they move into a new apartment, as well as take photos of the condition of all carpets (particularly of stains) . If your mother did not do this, she may have trouble proving that the stains were there when she moved in. The length of time that she occupied the apartment is also critical, since the useful life of both carpet and vinyl is limited. For example, most grades of carpet could be expected to wear out after 10-15 years, so some degree of wear over that period might qualify as normal wear and tear, helping the tenant to win the case if they later sue to recover their security deposit. The fact that the carpet was used might not matter, if its total life was still less than its normal useful life when your mother moved out.

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