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Yet another security deposit problem (Real Estate & Property Law)

Tue, 21 Jun 2005 12:07:00 GMT

What is the name of your state?Wisconsin
I had a acrimonious relationship with my landlord and we together agreed I'd leave her apartment before my lease was up(this was HER personal home when she decided to leave state and rent it to me...she returned and wanted the place back and made my life a living hell until I agreed to leave...I could of stayed but it wasn't worth the aggravation)
We settled on a particular day and since I really wanted my security deposit back I insisted she be there once I completely moved out so we could go over any so called damages she might claim I caused...there was absolutely no damages and I knew it...I had pictures taken when I moved in showing any flaws so I couldn't be blamed for them after I was gone
My problem is she never showed up...I finished loading all my stuff onto a rented truck at about 4pm and I even waited until 12am before I left...I called all the numbers I had for her MANY MANY times but only got her answering machine...finally I had to leave
Now I'm gone and she still will not take my calls and I still have not received my security deposit back nor have I been given any reason why not
She knows where I live since she had my mail forwarded(I left my new address on table in kitchen of the apartment)...I looked into it and for WI it is 21 days before the landlord is supposed to return security deposit(assuming of course no damages)
I guess what I need to know is how long can she hold this money without giving any reason why she thinks I don't deserve any of it back? I also would like to know is her not showing up to go over the apartment on the day I moved a ploy so she can now make claims that I left a mess? Or worse...damages to her apartment?
How long do I have if I'm forced to go to small claims court(is that the right place?) before my right to the security deposit expires?
Thanks for any advice

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  • Tue, 21 Jun 2005 12:18:00 GMT(1)
  • Do you have anything in writing stating that she would release you from the remainder of your lease? If not, you may have more to worry about than your security deposit. With nothing in writing, she can claim that you are responsible for the remainder of the lease obligation (and have the signed lease as proof). Not sure how everything would shake out in court (if it comes to that), but it seems that without written evidence to the contrary that the lease would prevail.
    704.03
    (4) Termination of written lease prior to normal expiration date. An agreement to terminate a tenancy more than one year prior to the expiration date specified in a valid written lease is not enforceable unless it is in writing signed by both parties. Any other agreement between the landlord and tenant to terminate a lease prior to its normal expiration date, or to terminate a periodic tenancy or tenancy at will without the statutory notice required by s. 704.19 may be either oral or written. Nothing herein prevents surrender by operation of law.
  • Wed, 06 Jul 2005 02:17:00 GMT(2)
  • Quote:

    Originally Posted by scophreak

    Do you have anything in writing stating that she would release you from the remainder of your lease? If not, you may have more to worry about than your security deposit. With nothing in writing, she can claim that you are responsible for the remainder of the lease obligation (and have the signed lease as proof). Not sure how everything would shake out in court (if it comes to that), but it seems that without written evidence to the contrary that the lease would prevail.


    I didn't go into that part in detail in my OP but she attempted to get me officially evicted...just before we were to see the judge we had a meeting with a court mediator where we(she and I) decided on what day I would leave and both of us signed off on that specific date(with the mediator's signature on the document too) so there is NO way she can come back now and say I broke the lease
    I don't know if that is just Wisconsin that does the mediator thing or it's common(my first time with a landlord trying to kick me out)...I guess it's a way to keep the courts a little less clogged up
    I could of fought this but when I say she was making staying a living hell I'm not exaggerating(she'd come by the apartment almost every day for an "inspection"...she'd peek in my windows(bedroom included) and watch me walking about in the apartment...she even tried to get some of the other tenents to say I was doing illegal things in the apartment(they'd tell me about what she was saying about me)...every week it was something worse(I liked the apartment but not THAT much)
  • Tue, 21 Jun 2005 12:22:00 GMT(3)
  • Quote:

    Originally Posted by magi376

    What is the name of your state?Wisconsin
    How long do I have if I'm forced to go to small claims court(is that the right place?) before my right to the security deposit expires?
    Thanks for any advice

    Send your lovely landlord a Letter requesting your Security Deposit, tell her it has been over the 21 days (it has been over 21 days right?) and that you are allowed now to go to small claims court and sue her for double the amount of the Deposit. Send it CRRR (Certified return receipt requested.) You usually have a year, but I would say jump on this right away.Google up (or your favorite search engine) the small claims court for the county where she lives and get all the info you need on-line. They usually like to have some kind of papertrail showing you tried to take care of this outside the courts. So send that letter first before you file.
    Good luck
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