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 QUESTION: I just moved out of a rental unit that I lived in for 15
months. During this time, my 2 dogs had multiple accidents
on the carpet in various locations. Some of this carpet I
would agree is probably best to be replaced. However, there
are rooms where there isn't much damage at all...maybe just
a couple spots. The landlord decided to replace the entire
carpet. I don't believe this is justified. By law, do they
have to show any proof that the carpet was not able to be
cleaned in this "iffy" spots? Also, with regards to the
fees they are charging, is the burden of proof on them with
respect to showing comparable replacement costs? They are
charging an extrordinarily high price and I feel they should
have to prove to me the cost and quality of the carpet that
they are replacing and also when it was purchased. This
seems necessary to determine replacement costs (it was not
new when I moved in). Does the law agree with me on this?
I live in Wa State and I understand you may not be
completely familiar with our RCW. Thanks
ANSWER: Jason:
Thank you for your question.
In WI a landlord does not have to try to clean before replacing, typically (I believe) it's because most landlords can tell if a spot will come out with cleaning or not.
However, landlords here must do the following:
1. only charge a pro-rated cost for replacement, normally this is based on the age of the carpet
2. indicate to the tenant prior to signing the lease what the replacement cost will be per square yard (and to protect themselves in case the actual cost is higher they will put in some verbage about that)
3. Yes, burden of proof is on the landlord, though they aren't required to get multiple quotes.
4. only charge for actual damaged areas UNLESS there is no way to only replace sections of damaged carpet - for example, if the carpeting flows from the living room to a den and would be very "weird" if only part of it was replaced, they could charge for replacing the entire area even if only one area was damaged.
I wish I knew who to refer you to in your area for further clarification? Maybe do a google search on "landlord tenant law for xxxx" (xxxx=your state)
QUESTION: Thank you for answering my questions. I do feel the need to clarify one thing. This is where I need the most help understanding the law.
Assuming we've agreed on replacing the carpet. How does the law determine replacement cost? Does the landlord need to show receipts for the old carpet? This would indicate age and price per square yard. If the landlord does not have an invoice or receipt of the old carpet, how is a fair replacement value calculated? Thanks
Answer In WI most landlords determine cost by using either the IRS length of life or some modified version of that.
So let's say the expected life of carpeting is 8 years.
First - deduct off the life that has passed prior to you moving in AND the time you lived there (let's use 4 years). That would mean that you would be responsible for 1/2 of the cost - the loss of 4 years of the expected 8 year life.
Most landlords will not base replacement cost off of what the cost was at the time of installation as frequently the cost has risen from the original date. (in this example 4 years ago)
Rather they will use cost from current installation to determine the fair cost to assess to the tenant.
So what you want to see from them is the most current invoice for replacing the carpeting. (meaning the one from when they replaced after you moved out).
Hope that helps, if not, feel free to ask for additional clarification from me, I'm more than happy to help!
