For many tenants in Madison and the greater Dane County area, renting and leasing a property serves as a complicated and confusing process that can leave them feeling helpless. Whether it be a lengthy and wordy lease agreement or vague instructions on how to maintain the property, tenants may find themselves unsure how to proceed through a rental.
In order to aid tenants, an abundance of resources are available to Madison residents, both on and off campus. One of these organizations is the Tenant Resource Center, a nonprofit that advocates for housing justice and provides education to empower individuals to make fully informed decisions, according to their mission statement.
The TRC provides a variety of services to both tenants and landlords. They work on mediating disputes between the two groups, aiding in eviction prevention and familiarizing tenants with their rights.
With the end of the 2023-24 renting cycle in August, many may find themselves with questions about the end of their tenancy, including the retrieval of their security deposit. The Daily Cardinal spoke with TRC Executive Director Hannah Renfro about how tenants can get their security deposits back and how to navigate a rental period.
This interview has been edited for clarity and brevity.
When signing the lease agreement, what should tenants be looking for when it comes to security deposits?
The tenant should always complete a check in form, and they should take pictures at the same time. So going through the unit, and marking if the bedroom window has a crack in it and taking a picture of that. If there's a dent in the refrigerator, taking a picture of that. Filling out that check in form, giving it to the landlord and then also keeping a copy for themselves.
Taking it just chronologically, also at the beginning of the lease period, making sure that there's an understanding of what can be deducted from the security deposit. Under the statutes, the landlord can deduct if there's unpaid rent, unpaid fees, damage that was caused by the tenant.
The landlord can also charge for other things, but only if it is included in what's called a non standard rental provision. That non standard rental provision has certain requirements and if those things are listed, then the landlord can also deduct those from a security deposit.
However, a big exception is that the landlord cannot deduct from a security deposit, whether they write it in a non standard rental provision or in the lease agreement itself, for normal wear and tear. Now, if there is a stain on the carpet when the tenant moves in, and they don't take a picture of it, if the landlord comes in at the end of the lease and didn't notice it after the last tenant moved out and they say, ‘now we have to replace this carpet,’ they're going to charge the tenant for it.
What does the end of the rental period look like? What sort of laws are landlords following when it comes to deducting from or taking money from your security deposit?
If the lease runs its normal course and ends on Aug. 14, the landlord has 21 days from that date to return the security deposit and include a withholding statement if they are withholding any amount. They are required to send that to the last known address of the tenant, so it's really important for tenants to provide their forwarding address. The landlord is not required to investigate where the person has moved to or to even make a phone call about it.
If a tenant gets that withholding statement, ‘We deducted $500 to replace the carpet because there’s a stain,’ that's when they can respond again in writing to the landlord. ‘I have pictures. The stains on the carpet were there when I moved in. That $500 needs to be returned to me immediately.’
What if a landlord doesn’t comply with the tenants’ response?
If the landlord doesn't comply, the tenant can file a complaint with the Department of Agriculture, Trade and Consumer Protection. They have a landlord tenant complaint line. Tenants can also file a lawsuit against the landlord in small claims [court]. They might be able to receive double damages. If the landlord withheld $500 unlawfully, then the tenant may be able to receive $1,000 of double damages for any amounts that were unlawfully withheld.
Nobody wants to go through that process. It's painful, it's long, but there are remedies available if a tenant can say, ‘I have pictures. I didn't make those stains. I showed those to the landlord. I told the landlord that I didn't do this, and they just ignored me.’
Is the TRC able to help with any of the small claims processes? Where could one find resources?
There are a couple places. The TRC can talk through the statute and some of the steps that tenants can take.
There's also a really great group of attorneys who volunteer at the courthouse, the Small Claims Assistance Program. They are volunteer attorneys who work with folks coming in, and they don't represent them at court, but they can tell them, ‘When you go to court, this is the kind of thing you want to say.’
Does the TRC help tenants navigate their relationship with their landlord?
We absolutely work with a lot of folks on how to kind of navigate that relationship with their landlord. That's the goal, [being] able to support long term housing stability, and that really relies on really positive relationships between the landlord and tenant. The best way for that to happen is for both sides to be able to work through something together.
We also have mediation services that are available where we can, in a more formal setting if a landlord and a tenant are interested, mediate a dispute between the landlord and the tenant.
What kind of tips would you give tenants about the renting process, from searching for a place, signing a lease, moving out and trying to get your security deposit back?
First is making sure they read the lease agreement. I know some of them are really long and really boring, but it is really important to have an understanding of the policies. Having an understanding that is just really important from the get go, this is a contract. Whether it's a week, six months or a year, you're signing and there might be really serious financial consequences to walking away.
Come talk to the TRC or the other places if you've talked to your landlord six times about this issue, and they haven't gotten back to you. There are things that you can do to try to address that.
The TRC is located at 2510 Winnebago St., Madison, WI 53704, with additional offices in east Madison and Sun Prairie, as well as on the UW-Madison campus. You can find more information about their services on their website.
