Landlord withholding security deposit

[Arika.parks]

Jurisdiction

Wisconsin

Before my roommate and I moved in to our apartment, we had told the landlord (who lives out of state) that the carpet was awful and was in desperate need of being replaced. He declined to replace it before we moved it but said we would address it later. After 2 years of complaining about the carpet, there was now a small whole in the hallway, which then you could really see just how awfully thin the carpet was. Finally, after numerous times of complaining, he agreed to give us new carpet. But only in the living room and hallway, and only if we moved our belongings out so he wouldn't have to pay more for the carpet people to move out belongings. We did as he asked. Now that I've moved out and have been arguing with him about my security deposit, he finally sent the check to me which I received a solid 31 days after my lease ended (isn't it a law that he only has 21 days to send it to me?). He shorted me $125 for the small hole in the old carpet. After doing many Google searches before he even sent me the check, I told him I found that he could not charge me for that, especially since the carpet desperately needed to be replaced and since the hole in the carpet was no longer there. I've been having trouble finding official looking websites to send to him to get the rest of my money back. Now, I'm not sure what steps to take next. I don't know if I should continue to email with him in the hopes I can find an official site with this on it, or if I should take him to small claims court.
Please help me get my money back from this awful landlord!!

 

[adjusterjack]

Before my roommate and I moved in to our apartment, we had told the landlord (who lives out of state) that the carpet was awful and was in desperate need of being replaced. He declined to replace it before we moved it but said we would address it later.

You should have turned and walked away from that deal. Never rent a place unless it's turnkey. Never rent a place based on promises.

Now that I've moved out and have been arguing with him about my security deposit, he finally sent the check to me which I received a solid 31 days after my lease ended (isn't it a law that he only has 21 days to send it to me?).

Yes. It's 21 days. Unfortunately, I don't see anything in the laws that exact any additional penalty for the delay.

Wisconsin has two similar security deposit laws:

Statute 704.28

2015 Wisconsin Statutes & Annotations :: 704. Landlord and tenant. :: 704.28 Withholding from and return of security deposits.

Administrative Code 134.06

2015 Wisconsin Statutes & Annotations :: 704. Landlord and tenant. :: 704.28 Withholding from and return of security deposits.

I don't know if I should continue to email with him in the hopes I can find an official site with this on it, or if I should take him to small claims court.

You can try another email quoting the statute about wear and tear but if that doesn't work, your last resort is small claims court for the $125.

You could try sending him a demand letter in the mail with a copy of a completed (but not filed) small claims complaint and a deadline date to return the money or you will sue him.

Don't bluff. Be willing and able to file your lawsuit exactly on the day after the deadline date passes.

Here's the form:

https://www.wicourts.gov/formdispla...r=SC-500&formType=Form&formatId=2&language=en

Here's a small claims guide from the WI court system:

Wisconsin Court System - self-help law center - small claims