Saint Louis, MO asked in Real Estate Law for Wisconsin

Q: My security deposit was witheld for carpet damages. The damages were not significant enough to replace the entire carpet

Doed the landlord have the right to charge for the replacement of the entire carpet?

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1 Lawyer Answer
Jason Anthony Greller
Jason Anthony Greller
Answered
  • Madison, WI
  • Licensed in Wisconsin

A: You raise the relevant issue in the form of your question wherein you state that "the damages were not significant enough to replace the entire carpet." If that statement is true, then the landlord may not be entitled to withhold security deposits for this purpose. Security deposits may not be withheld for normal wear and tear. If a court concludes that the damage is beyond normal wear and tear AND that the damages were significant enough to replace the entire carpet, then the landlord would be within landlord's rights to withhold damages from the security deposit.

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