Landlord Security Deposit Return

Summary

In Wisconsin, landlords must return security deposits within 21 days of lease termination. If not returned, tenants can sue for double the amount withheld. Tenants should document all attempts to contact the landlord and may need to file a small claims case. The filing fee is around $94.50, and service can be done via certified mail, sheriff, or process server. If the landlord fails to provide an itemized list of deductions within 21 days, they forfeit the right to withhold any amount. Tenants can include court costs in their claim. For fee waivers, proof of financial hardship is required. Proper service of process is crucial for the case to proceed.

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Landlord has not returned my security deposit in 23 days. There has also been no notice of any deductions that they would have taken out of my security deposit.
What state are you located in, ****? Different states have different laws regarding the return of security deposits.
Wisconsin
In Wisconsin, landlords must return the security deposit within 21 days of lease termination. Have you contacted your landlord about this issue?
Yes, I have emailed and called them multiple times. I have also left voicemails but the management team seems to be unreachable.
Have you documented all your attempts to contact your landlord?

- In Wisconsin, if a landlord wrongfully withholds a security deposit, tenants may sue for double the amount withheld.
I have not but I can.
Have you considered seeking legal advice or representation to help you recover your security deposit?
Yes
What is the total amount of the security deposit that your landlord owes you?

In Wisconsin, you can sue your landlord in small claims court if the amount is $*,* or less.
$*
In Wisconsin, you can file a claim in small claims court for amounts up to $*,*. The nearest court to you is the Dane County Small Claims Court, contact: (*) *-*.
What is the process to filing a small claims court
To file a small claims case in Wisconsin:

- Fill out a summons and complaint form.
- Pay the filing fee.
- Serve the defendant.
- Attend the court hearing.
How much is the filing fee and how do I serve the defendant
The filing fee in Wisconsin small claims court is around $*.*. You can serve the defendant by certified mail, sheriff, or process server.
What is certified mail
Certified Mail is a service offered by the Post Office. It provides the sender with a mailing receipt and electronic verification that an article was delivered or that a delivery attempt was made.
What happens if the defendant also ignores it.
If the defendant ignores the summons, the court may allow you to request a default judgment, which means you could win your case by default.
How long until the court hearing
The time until the court hearing can vary, but it's typically within * to 60 days after filing your claim. Please check with Dane County Small Claims Court at (*) *-* for precise information.
Do I need a lawyer present at the court hearing
In Wisconsin small claims court, you are not required to have a lawyer. However, having one can help you navigate the legal process more effectively.
Is there a law about having a new management team taking over and not returning your security deposit
In Wisconsin, regardless of management changes, landlords are obligated to return security deposits within 21 days of lease termination, unless there are lawful deductions.
What if lawful deductions weren't provided
In Wisconsin, if lawful deductions aren't provided, landlords must return the full security deposit. If they don't, tenants can sue for double the amount withheld.
I tried calling the provided phone number but it only goes straight to voicemail what should i do
You can send a certified letter to your landlord outlining your issue. This provides a legal record of your attempt to contact them.
Is writing a letter sufficient
Yes, writing a certified letter is sufficient as it provides a legal record of your attempt to contact your landlord. It's important to keep a copy for your records.
Is writing an email sufficient
Yes, writing an email can be sufficient, but it's important to ensure you have a way to confirm it was received. Keep all correspondence for your records.
What happens if the security deposit did come in
If the security deposit is returned, you should check if the full amount is correct. If there are deductions, your landlord should provide an itemized list of what the deductions were for.
What happens if landlord did not provide an itemized list
In Wisconsin, if a landlord fails to provide an itemized list of deductions, the tenant can sue for double the amount of the security deposit withheld.
How long does a landlord have to provide an itemized list of deductions
In Wisconsin, landlords must provide an itemized list of deductions within 21 days of lease termination.
What happens if they do not
If your landlord in Wisconsin does not provide an itemized list of deductions within 21 days, you can sue for double the amount of the security deposit withheld.
Does that mean that even if there were damages they cannot take deductions after 21 days
Yes, in Wisconsin, if a landlord fails to provide an itemized list of deductions within 21 days, they forfeit the right to withhold any of the security deposit for damages.
Can I sue double the amount of the security deposit along with the filling fee
Yes, in Wisconsin, you can sue for double the amount of the security deposit withheld and include court costs, such as the filing fee, in your claim.
what law can i look under
You can refer to Wisconsin Statutes Section *.* which covers the rules for security deposits in Wisconsin.
where under *.* states that landlords only have 21 days to report any witholdings in secuirty deposit and returning that money
Under Wisconsin Statutes Section *.*(*), it states that landlords must return the security deposit, less any amounts that may be withheld, within 21 days after tenant vacates.
how can i be qualified to have my filling fees waivered
To qualify for a fee waiver in Wisconsin, you must demonstrate financial hardship. This typically involves filling out a form detailing your income, expenses, and assets.
How much do you have to make to waiver it
The income threshold for a fee waiver varies. It's typically based on federal poverty guidelines. You should check with Dane County Small Claims Court or a local legal aid organization for specific information.
Does being unemployed count as it
Yes, being unemployed can be considered as a financial hardship and may qualify you for a fee waiver. However, you'll need to provide proof of your unemployment status.
How do I provided proof of unemployment status
You can provide proof of unemployment status by showing unemployment benefit documents, a termination letter from your previous employer, or bank statements showing no income.
How many pages are normally the the filing, including the Summons
How many pages are normally with the filing pages and the summon pages
How many pages do you have to fill out to sue someone
The number of pages can vary, but typically, you'll need to fill out a summons and complaint form, which is usually around *-* pages. Always check with your local court for specific requirements.
What date do you put for the summons date
The summons date is usually set by the court after you file your claim. You should leave this section blank if you're unsure and the court clerk will fill it in for you.
what is the return date for a summons and complaint
The return date for a summons and complaint is typically set by the court and is the date by which the defendant must respond. Check with Dane County Small Claims Court at (*) *-* for specific information.
What if there is no address to where the defandent lives
If you don't have the defendant's address, you may need to hire a private investigator or use an online people search tool to locate them. It's crucial to serve the defendant properly for the case to proceed.
can I send the complaint to their leasing office
Yes, you can send the complaint to their leasing office if that's their official place of business. However, it's crucial to ensure they receive it. Certified mail is a good option for this.
What is certified mail
Certified Mail is a service provided by the USPS that gives you a proof of mailing via a receipt and an online record of delivery.
What happens if that is not their official place of business but is one of their headquaters that overlooks the property
If the leasing office is not their official place of business but is a headquarters that oversees the property, it may still be acceptable to send the complaint there. However, it's crucial to ensure they receive it.
What if it is sent but they claim that they did not receive it but they do not show up in court
If the defendant doesn't show up in court, you may request a default judgment. However, you must prove that the summons was properly served. Certified mail provides proof of delivery attempt.
Is sending it through Court mail also counts as certified mail
Court mail is not the same as certified mail. Certified mail is a service provided by USPS that gives proof of mailing and delivery. Court mail does not provide the same level of proof.
Would court mail also suffice
Court mail may not suffice as it doesn't provide the same level of proof as certified mail. It's crucial to have proof of delivery or attempted delivery when serving legal documents.
What happens if you get a police officer to send it but no was at the door
If a police officer attempts to serve the summons but no one is at the door, they may leave it at the premises. However, it's crucial to confirm the rules of service in your jurisdiction.
What is the rules of service in my jurisdiction
In Wisconsin, service of process can be done by a sheriff, a process server, or anyone over * who is not a party to the case. It can be done personally, or if the person is not home, by leaving a copy at their dwelling with someone of suitable age and discretion.
What if no one is there to answer the door
In Wisconsin, if no one is there to answer the door, the process server can leave the documents in a conspicuous place at the defendant's dwelling or usual place of abode.
Would their leasing office counts as that
In Wisconsin, a leasing office may not count as a suitable place for service of process if it's not the defendant's dwelling or usual place of abode. It's crucial to follow the rules for service of process to ensure your case can proceed.
What if the incorrect location is provided
If the incorrect location is provided for service of process, it could potentially invalidate the service. It's crucial to have the correct address to ensure the defendant receives the summons and complaint.
What if I can't find the correct address
If you can't find the correct address, you may need to hire a private investigator or use an online people search tool to locate the defendant. Proper service of process is crucial for your case to proceed.
Is leaving it at their office that is on the apartment ground sufficient
In Wisconsin, leaving the summons at the defendant's usual place of business with someone of suitable age and discretion may be considered sufficient. However, it's crucial to confirm this with a legal professional or your local court.
What if you don't serve the property managment team but put the defandant's name as the aprtment complest
If you serve the summons to the apartment complex under the defendant's name, it may not be considered valid. It's crucial to serve the defendant directly or someone authorized to receive service on their behalf.
What if you just serve the summons under the apartment complex name
Serving the summons under the apartment complex name may not be valid if the complex is not the legal entity you have a dispute with. It's crucial to serve the correct party to ensure your case can proceed.
What if finding out the correct party is not possible to track down. Would serving the summon under the apartment complex be okay
In Wisconsin, it's crucial to serve the correct party. If you can't locate them, you may need to seek a court order for alternate service. Consult with a legal professional for guidance.
Free connections with expert lawyers
Have you tried reaching out to the Wisconsin Department of Agriculture, Trade and Consumer Protection for assistance in locating the correct party? They may be able to help.
What is a circuit court
A circuit court is a court of general jurisdiction that hears cases ranging from civil to criminal matters. It's typically the main trial court in a state's judicial system.
Do we follow up small claims court under that
Yes, small claims court is a division of the circuit court system. It handles civil cases where the amount in dispute is $*,* or less.
Can you file a small court claim electronically for dane county
Yes, Dane County, Wisconsin, allows electronic filing for small claims cases. You can access the eFiling system through the Wisconsin Court System's website.
where can i get free legal advice
You can get free legal advice from legal aid organizations, law school clinics, or online platforms like FreeLawChat. In Wisconsin, you can contact Legal Action of Wisconsin or Wisconsin Judicare for free legal assistance.
Where can I get free legal advice for small claims court
In Wisconsin, you can contact the Wisconsin State Law Library or the Legal Action of Wisconsin for free legal advice regarding small claims court. They can guide you through the process.
can an Affidavit of Service be done by a friend who is a cop
Yes, an Affidavit of Service can be completed by anyone over *, not a party to the case. This includes police officers.
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While some police officers may serve papers as a courtesy, it's not a guaranteed service. It's best to check with your local police department.
Can police officers serve people for free
Police officers can serve papers voluntarily on their own time, but it's not their official duty. It depends on the individual officer and department policy.
What is the department policy for the madison police department for filing a affidavit of service
I'm sorry, but I don't have the specific policy for the Madison Police Department. I recommend contacting them directly at (*) *-* for accurate information.