Security deposits are a universal requirement in the world of rental housing; however, the full reimbursement of these \deposits"" is anything but a given.
While most tenants receive some portion of their security deposit following the end of the rental term, many are only returned a small percentage or none at all, according to Cynthia Campos, a third-year UW-Madison Law student and campus coordinator of the Tenant Resource Center.
The discrepancy between initial security deposits and the amount returned to the tenants is due to complex rules and laziness on the part of landlord and tenant, Campos said.
Nancy Jensen, executive director of the Apartment Association of South Central Wisconsin agreed that most problems related to security deposits were due to ignorance or laziness of both parties.
Many students are charged illegally for everyday wear and tear such as carpet cleaning, painting touch-ups and cleaning. Despite the abundance of technicalities that create easy miscalculations for security deposits, many instances of non-reimbursement are a result of landlord complacency, Campos said.
""I think they just become complacent and think, 'Oh well, I'll just keep charging for this because I feel like I am entitled to this and no one has ever taken me to issue with this problem so I'll just keep doing it',"" Campos said.
Although security deposits can be no more than one month's rent, the repayment of a security deposit must be within 21 days after the end of the lease and landlords are required to pay interest. Interest is rarely paid in some instances and students often receive late reimbursement, Campos said.
""[Landlords] are in the business, so they should know the laws that govern their business,"" Campos said.
The best way for landlords and tenants to protect themselves is to document with forms and photographs the condition of the property on the tenant's arrival, Jensen said. Without documentation, continued Jensen, security deposit disputes often turn into he-said she-said arguments and are difficult to resolve.
UW-Madison junior Chris May and his roommates made the mistake of not photographing their Madison Property Management-owned apartment before moving in last school year. May and his roommates received only $580 back out of a $1,300 security deposit, wrongfully accruing charges for painting, carpet cleaning and nail holes in the wall, he said.
""They tried to charge us for maintenance when it obviously hadn't been fixed the year before,"" May said.
May and his roommates had a meeting with their landlord to dispute deductions and are currently awaiting the results.
However, many deductions are legitimate, such as when tenants exert damage on the property that goes beyond ""normal wear and tear,"" Jensen said. Legitimate deductions include holes in walls, excessive filthiness and oil stains on carpets.
""I'm not aware of anyone charging for carpet cleaning anymore,"" Jensen said.
Because Wisconsin and Madison city housing codes are complex and ever-changing, it can be hard for both landlords and tenants to keep up, Campos said.
Campos recommends meeting with the landlord to resolve security deposit discrepancies. If unsuccessful, a tenant can take his or her landlord to small claims court, a relatively easy process that requires a $70 fee. For students who feel uncomfortable dealing with the court system, they should contact the Tenant Resources Center with any questions, Campos said.
