Legal Question in Real Estate Law in Wisconsin

Rental Property

I own a home in wisconsin. I have hired a property manager to handle the lease. Un beknownst to us he told the tennants that their lease ended at the end of March 2009. The tennants said they were going to leave after the end of March. After we found out we told the property manager to look again, it ends at the end of April. The tennants were notified by the property amanager that they were liable for the month of April 2009. They are leaving at on March 15th, 2009 which breaks the lease and I am wnot paying them back the security deposit. Furthermore I found out that the tennants painted soem rooms that must be repainted in order to lease the house out again. I gave them a discount on rent for doing some work. However, the property manager states the whole inside of the hoouse needs painting. They have also done things in the house in which I never authorized, which I now must fix. The property manager is a bone head. I am looking for a new one. 1) What should the language state in the letter when I notify the tennants they are not getting their security deposit back for breaking the lease? 2) What action should I take against the property manager?


Asked on 3/13/09, 7:43 pm

1 Answer from Attorneys
James N. Graham Accession Law LLC

Re: Rental Property

A landlord should carefully review landlord-tenant law as relates to the proper procedures for with-holding security deposits and the prerequisites for doing so. A landlord's failure to strictly comply with the law may subject the landlord to a countersuit for double (or triple)the amount withheld plus actual attorney fees. Before I recommend sending or send a letter withholding security deposit, I insist upon reviewing the tenant file to make sure that the landlord complied with the law. For example, if the landlord can't prove that they used a written check-in form, they can't withold the security deposit for any reason. There are many similarly biased provisions in the law. Also, a landlord certainly can be bound by the statements of its agent (management company). To the extent that the management company made a mistake and caused damages, it would be liable.

This is not intended to and does not provide legal advice. Rather, we only offer general feedback which may not be applicable depending upon the totality of the facts. Please contact us directly if you have specific questions or concerns. http://www.Grahamlaw.biz

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Answered on 3/17/09, 2:46 pm


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