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About Michelle Mangen
Expertise
Wisconsin Landlord/Tenant Questions.

Experience
Having been in the property management industry for over 13 years in Wisconsin and working quite closely with attorneys I have learned a great deal of information regarding landlord/tenant relationships. Additionally my previous experience included assuring that the company I worked for was compliant with regards to the law.

Education/Credentials
Attended several seminars regarding landlord/tenant laws. Over 13 years in the industry.

Past/Present Clients
New Land Enterprises, LLP - Milwaukee, WI. EA Properties - Green Bay, WI. Fox Valley Housing - Appleton, WI. Kevin Zimmerman, Wendy Scheels, Dave Anderson and other independent owners throughout the state of Wisconsin.

 
   

You are here:  Experts > Real Estate > Apartment Living/Rental > Real Estate Law (esp. Landlord-Tenant) > Security Deposit

Real Estate Law (esp. Landlord-Tenant) - Security Deposit


Expert: Michelle Mangen - 4/28/2009

Question
I rented a 3 bedroom, 2 bathroom house in California that was managed by a property manager from March 1993 - March 2009 (16 years. On January 29, 2009, I received a call from the Property Manager informing me that the owner wanted me to vacate the property in 60 days. A day or two later, I came home to find a notice posted that I needed to vacate the house on or before 60 days from the date of the notice (January 29, 2009). I also received a notice in the mail the next day. The Property Manager said March 29 was the move-out date, and that rent was due for 29 days. I calculated March 30 as the date to vacate. I heard nothing more from the Property Manager or owner until March 30, 2009 when I received a call from the Property Manager that the owner was upset that I had not brought the key and garage door opener to the Property Manager because she (the owner) had scheduled an appointment for the carpet to be cleaned. I responded that I was waiting to hear from her, and that Sunday (the 29th) was not a regular business day for the Property Manager. She asked me if I would meet her and the owner at the property at 3:30 p.m. that same day. I took the keys and garage door openers to the meting. the owner proceeded to find at least seven or eight things that she thought I had torn up, i.e. for example, the mini blinds were bent, the cheap tile floor had four or five nicks in it, etc. Neither the owner or the Property Manager had the original move-in checklist from March 1993. The Property Manager asked the owner's husband how old the carpet was, and he said it was over 30 years old and was the original carpet in the house. The inside of the house had not been painted in 16 years. The Property Manager told the owners that my security deposit could not be used for any costs associated with the carpet since it was definitely wear and tear. I was not allowed the opportunity to do general cleaning. My nephew and I removed all trash in the garage and refrigerator in the house and hauled it to the dump.
The owner sent a part of my deposit ($250.00)by certified mail approximately two weeks ago. She included a receipt from a cleaning agency stating that $425.00 of the deposit was used for general cleaning and $200.00 for cleaning windows. Total deposit was $875.00. Should I first send the owners a letter of demand or just proceed with filing in small claims court?

Answer
Seretha:

If I were you I would try to resolve prior to going to court and that way you can save yourself some time and money.

Should you be unable to rectify to your satisfaction, I would then proceed with filing a small claims action against them.

Michelle Mangen


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