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.
Question I am a cosigner. The tenant (no money) had a dog (not allowed) that trashed the carpet. They were evicted because of the animal and the landlord is charging for repairs. I have no issue with the damage claim other than the total cost of the carpet replacement. I owe $2,500 for damages and breaklease items. The carpet charge is $1,200.00 of which I have offered to pay $200 as the carpet was documented upon move in with stains and the general condition was checked as "deficient". We are facing small claims court soon and the landlord is claiming that they replaced the carpet the same year as the move in (which is bunk) but I don't have a leg to stand on other than to say "the carpet was bad when they moved in your Honor." That will be the sum of my testimony I suppose.
The tenants were bad and evicted, do I have a reasonable shot at this in front of a Judge, or should I just pay the extortion fee?
Thank you for your time. (I volunteer on this site as well)
Answer Hi Bruce:
How cool to meet a fellow volunteer on here!
While you do only have your word (I always advise that people do their move in inspection for this precise reason but hindsight is 20/20, right?)
Anyhow, you can request the following as the Landlord also has a certain burden of proof.
1) ask for a copy of the invoice proving they installed the carpeting the same year the tenants moved in
2) ask for a copy of the invoice proving it was installed this time (of course, presumably they did it this time but you want to see the invoice so you can see the actual cost)
I'm not sure where you live but in WI MOST landlords will charge for carpet replacement on a pro-rated basis and MOST use the same length of life that the IRS believes carpet should last.
In my opinion and I would hope that of most court officials a Landlord should NEVER charge for the full cost of replacement because regardless of damage, normal wear & tear will always happen. Therefore by seeing the invoice you will be able to see if they are trying to assess you full cost or a pro-rated cost.
If I were you, I would take my chances in front of a judge.
