Security Deposit
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Security Deposit (by Gail P [WI]) Jul 2, 2010 10:21 PM
       Security Deposit (by Steve [MA]) Jul 3, 2010 4:23 AM
       Security Deposit (by Gail P [WI]) Jul 3, 2010 5:46 AM
       Security Deposit (by X the Gypsy [WI]) Jul 3, 2010 6:04 AM
       Security Deposit (by Sue S. [IL]) Jul 3, 2010 6:34 AM
       Security Deposit (by Virden [OH]) Jul 3, 2010 7:11 AM
       Security Deposit (by Mike45 [NV]) Jul 3, 2010 1:18 PM

Security Deposit (by Gail P [WI]) Posted on: Jul 2, 2010 10:21 PM

State Specific Question About: WISCONSIN (WI)

I have a one year lease with my tenants (they moved here from South Dakota) expires July 31st, 2010.

My tenant said he has been screwed over by landlords in the past, not getting the deposit back. "The landlord said they didn't have the money to give back so he didn't get it" my tenant told me this...

The problem I have is my tenant doesn't believe he needs to pay me last months rent,(he told me repeatedly that he wants to move out west, doesn't like WI winters) he said he was told he could use the security deposit for the last months rent. He said he called the housing authority and the police dept and asked them about this, they said he could (news to me). My tenants is not with housing, he makes more then I do. He wants the money so he can use it on another place and doesn't want to wait the max 20 day for the return.

I told my tenant when he signed the rental application he agreed the S.D. couldn't be used for last months rent.

I am thinking of serving him a 5 day pay or leave.

Does anyone have feed back on this?

He is really trying to intimidate me. I have been dealing with tenants since 1985.

He says I should trust him in leaving the place nice...but he doesn't trust me because of past landlords, hmmm.

I told him thanks for making my birthday special, why do people have to be such jerks.

Security Deposit (by Steve [MA]) Posted on: Jul 3, 2010 4:23 AM

If they haven't paid July's rent you should immediately start WI's procedures for a non-payment of rent eviction.

Security Deposit (by Gail P [WI]) Posted on: Jul 3, 2010 5:46 AM

Pretty smart tenants though, timing it for a holiday weekend....not much I can do til Tuesday the 5th.

Security Deposit (by X the Gypsy [WI]) Posted on: Jul 3, 2010 6:04 AM

The landlord is in charge.

The tenant is not.

You need to remind them about the "lord" part of the landlord word.

Remind them that you do not CARE if they have a problem with your rules.

I agree with above, file at first opportunity.

I remember when I was a 20 something kid and I never expected to get back any deposit. I never did and I always tried to use deposit for last month rent. It's just a game played by those who do not want to follow the rules.

Security Deposit (by Sue S. [IL]) Posted on: Jul 3, 2010 6:34 AM

Is it written in your lease that he cannot use the SD for last month's rent? If so, post 5 day notice immediately - well as you noted, on Tuesday... Also remind him that he may need you as a reference.

Security Deposit (by Virden [OH]) Posted on: Jul 3, 2010 7:11 AM

I am with Sue, post and remind them this is not a good choice to lose in the courtroom where the law rides highest - the fact they lost a previous has nothing to do with the current deposit. I reviewed 3 moveouts and as I mentioned to each one - the cleaner it is gets you closer to total recovery - quicker than AA meetings.

Security Deposit (by Mike45 [NV]) Posted on: Jul 3, 2010 1:18 PM

I agree with the others, serve the __ Day Notice To Pay Or Quit immediately. (I can serve on a holiday. I can't file the eviction action on a holiday, but that doesn't stop me from serving the notice on a holiday.)

Although your T is moving out of state, I would emphasize to him that the unlawful detainer action will be on his credit report for 7 years.

I find that this is sometimes a way for a T to get out of paying the last month's rent, when the T wants to move early -- move out in accordance with the __ Day Notice To Pay Or Quit. But, I'm willing to let them win that game. If they do this, they will lose the security deposit game!

Subject: RE: Security Deposit
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