Q: Can my landlord charge me for carpet cleaning? What about replacement if the carpet is 10 years or older?
I am currently under the impression that due to Act 10 in 2011, there is a provision that specifically prohibits these types of charges, however, I've been unable to find it while searching.
A: Under Wis Admin Code ATCP 134.06(3)(c) landlords cannot withhold from a tenant's security deposit for normal "wear & tear" even if included in a nonstandard rental provision. This means that a landlord cannot automatically deduct the cost of routine carpet cleaning from a tenant's security deposit unless the cleaning is necessary as a result of damage, waste or neglect and is, therefore, something more than normal wear & tear.
It is acceptable to indicated in the rental agreement that the tenant is responsible for providing and paying for routine carpet cleaning. See DOJ letter to DATCP dated 7/31/13. But, if the tenant fails to do so, a landlord still cannot deduct the cost of routine carpet cleaning from the tenant's security deposit.
Sarah Lynn Ruffi agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.