CHECK IN, CHECK OUT
A lot of people in the Tenney-Lapham neighborhood moved in and out of apartments on August 15. If you were lucky, your new apartment had been vacant for several weeks, and the landlord cleaned, painted, made repairs, and got it all ready for you. By far the more likely scenario is that you pulled up in your U-Haul while the former tenants were still loading theirs. And now, a month after moving, many tenants are still haggling with their landlords to get their security deposits back.
You may like to know that Madison city ordinances do not permit landlords to deduct from security deposits for normal wear and tear to the apartment. They may not deduct for the cost of carpet cleaning, repainting, reupholstering, or washing windows,unless there‚s been excessive damage. With the high renter turnover in our area, and practically everybody moving in and out on August 15, there is virtually no time to clean an apartment after moving out. And landlords may be pressed to make repairs in time, too. This leaves many incoming tenants dismayed at the condition of their new place, and many landlords deducting for the cost of cleaning that neither they nor the outgoing tenants had the opportunity to do.
Says Brenda Konkel, executive director of the Tenant Resource Center, "The law says you're supposed to leave an apartment in the same condition you found it. But rarely is an apartment downtown really clean on August 15." Despite its illegality, landlords commonly deduct cleaning costs from security deposits, and tenants often don't contest this. According to Konkel, the city is notoriously lax in enforcing its tenant protective ordinances. But you can take your landlord to small claims court, and sue for triple damages, plus court costs.
If your apartment wasn't in satisfactory condition when you moved in, you‚'ve probably resolved it by now. Talking to your landlord about the problem is the first thing you should do, but follow up the conversation with a polite letter. Also, your landlord should have given you a check-in form so you can document the state of the apartment when you moved in. If you didn'‚t get one, it‚s a good idea to pick one up at the Tenant Resource Center, and fill it out yourself. Taking pictures of existing damage can also be helpful.
If you are still working on getting your security deposit back, you might give the Tenant Resource Center a call. Your landlord should have given you a check-out form, and walked through the empty apartment with you.Your landlord should return your deposit, with 5 percent interest, within 21 days of your moving out. Deductions for cleaning are not legal, unless you‚'ve made some excessive mess beyond normal wear and tear. One former Gorham Street tenant told me her landlord deducted $50 from her security deposit because she had left dust behind the refrigerator. She shouldn't have fallen for that. Konkel recalls another tenant who protested at being charged for carpet cleaning˜she had hardwood floors throughout. Know your rights. Protect yourself.
The Tenant Resource Center is located at 122 State Street, Suite 310. It is open Monday through Friday from 9-6, and can be reached at 257-0006.
Angela Woodward