Legal Question in Landlord & Tenant Law in Wisconsin

Return of security deposit
On Sept. 3rd-5th my son gave verbal notice to the landlord of his intention to move. He had been at the apartment for over 1 year and is now on a month-month lease. He was moved out on Oct 2nd. The landlord now refuses to give back any of $750 dollar security deposit stating he was not given written notice of termination. However, he had shown the apartment to potential renters through the month of September and recently stated he had spent $175 in advertising. The contract does state a written notice must be given but the activity of the landlord led my son to believe he had accepted the verbal lease termination. Also, my son has received no written document from the landlord detailing why the deposit is not returned and it is now within several days of the 21 day limitaion to provide this information. Is it resonable for us to file a small claims against the landlord.

Asked on 10/22/05, 11:19 pm

David Anderson Anderson Business Law LLC

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Re: Return of security deposit

The notice was ineffective for an October 2nd move out. The notice is effective on the last day of the month in which given.

I would want to see the lease and review the deposit statute to advise you,but it appears the notice was improper for the move out date chosen.

Answered on 10/23/05, 8:29 am

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