Routine Carpet Cleaning Wisconsin

[orangenerd]

In Wisconsin, the statutes state that the LL cannot deduct from the security deposit for ROUTINE carpet cleaning or "normal wear and tear" I have a friend who's landlord setup an appointment for cleaning the carpets BEFORE my friend moved. He moved out a few days early so he could clean the kitchen+toilet and get the carpets professionally cleaned(at cost to him). The same day the carpets were cleaned, the LL called and instructed him to either call a professional company to clean orelse the LL would. Because the LL had vexed him while he was living there, he didn't specifically tell the LL that he had already had the carpets professionally cleaned, but that he had cleaned the unit. The next day, while dropping off his keys into the rent box (lease instructions) he notices notices carpet cleaners in the apartment.

This is all BEFORE the LL did his checkout inspection (It was dated the day after the lease was over); the landlord refused to go through the apt with him citing "too busy" as the reason and that someone would come look at it "later". The LL refused his request to have them call him whenever they performed the checkout inspection as my friend was readily availible both days.(The unit already had the next tenant ready to move in within 2 days) I digress...

Anyways, a few weeks later he receives his deposit minus the charge for carpet cleaning (2nd carpet cleaning) citing stains on the carpets, and a few other things. I don't know if the carpet was indeed dirty or not, no stains that I saw (prior to first cleaning), but would the fact that the LL contracted someone to come in and clean before the LL did his inspection nullify his right to collect for cleaning "EVEN IF THERE WAS DAMAGE (to the point where the first cleaning was not sufficient)"?

The LL had not "legally" entered the premises for the past six months and therefore had no "reason to believe" that the carpets were damaged. IF the LL illegally entered the premises while my friend was still in possesion but was not home to "inspect" and therefore saw a stain, would that be enough justification for him to contract cleaning services? Or would that be along the lines of "a drug dealer getting away with drug possesion because the police didn't have a proper warrant when searching his home"

 

[Gail_in_Georgia]

Your friends landlord told them to get the carpets professionally cleaned or it would be done by the landlord.

Your friend never bothered to tell the landlord they did this.

Thus, the landlord had the carpets professionally cleaned and charged the tenant for this. All of this could have been avoided had your friend notified the landlord of the carpet cleaning.

If your friend disputes the amount kept for cleaning the carpet (and sues the landlord over this) it is hoped they can provided pictures showing the condition of the carpet after they had the cleaning done.

Gail

 

[orangenerd]

The cleanliness of the carpet is not in question.

My apologies on being vague, allow me to clarify the question at hand

Charging the tenant for routine carpet cleaning in Wisconsin is illegal. Since the landlord cleaned the carpet prior to their checkout inspection for damage, would that not constitute "routine" carpet cleaning? Wouldn't They then not be allowed to pass on this "routine" cleaning cost to the tenant?

P.S. My friend didn't feel obligated to tell the LL about the carpet cleaning since the LL refused to go through the checkout procedure with him (he knew he was going to get nickel and dimed for things he wouldn't be able/care to dispute)

 

[Gail_in_Georgia]

If your friend believes that the money from their security deposit should not be kept for "routine" carpet cleaning, they should:

1. Write a letter disputing this and demand the return of such within a certain time period (say, 2 weeks after the landlord receives the letter).

2. If no satisfaction is received, the next step is to consider whether it is worth it to file a lawsuit for this money in Small Claims.

At that point the court will decide the issue:

http://www.tenantresourcecenter.org/housing_counseling/security_deposits_wisconsin/

gail

 

[orangenerd]

Thanks Gail,

I also posted this to ask for the forum readers opinions...

 

[mightymoose]

Gail is telling you the same thing everyone else will.
It would have been a good idea to let the landlord know the cleaning had already been done when advised that a professional cleaner was coming.
However, in order for the tenant to be charged for the cleaning the landlord will have to show that the carpet was in a condition that was beyond normal wear and tear. Hopefully the tenant has pictures of the apartment after everything was moved out and will be able to show a receipt for the carpet cleaning paid for prior to the landlord doing it. The landlord likely will not be able to show that the cleaning was necessary, especially in the face of a receipt showing the same service immediately prior, and the money will probably be ordered to be returned to the tenant. The landlord clearly did this as a routine rather than a necessity, having arranged for the cleaning before the tenant was out and without having done an inspection.

It sounds like the landlord is unlikely to pay the money when demanded, but do write a demand letter and provide a copy of the cleaning receipt. The letter should also cite the appropriate statute that explains authorized deductions from the deposit and give a reasonable deadline for payment to avoid court.