Landlord/Tenant Return of security deposit?

Question

I was given a 28 day notice to vacate. The 28th day actually fell on the 1st (which was a Friday). I advised the landlord that I will complete my move in the morning. When I came there, he changed the locks and had all of my stuff piled in one room. I took my belongings and left. Now, the landlord sent me a letter saying my deposit is being held for various reasons, mainly because I didn't clean up and didn't throw away stuff. Is this legal? He also charged me extra money for that Saturday, but I wasn't even allowed to go in the unit other than to grab my belongings. Can someone help me?

This is in the state of Wisconsin.

Answer 1

Totatly legal.

Answer 2

I've been a property manager for many years, including time as a government property manager. The procedures and laws vary from state to state.
Generally speaking, eviction can only take place if the landlord has petitioned the court to dispossess the tenant (i.e. order the tenant out) and restore possession of the property to the landlord. The process begins with notification to the tenant that they owe rent and need to pay it or vacate (non-payment) or that their tenancy has been terminated because the lease is not being renewed or they breached it and they have x amount of days to vacate (holdover). There are different types of legal actions depending on the situation, usually non-payment or holdover (meaning the landlord ended the tenancy but the tenant refused to leave). The legal action would result in a judgement and then, if the tenant refuses to leave, you can ask for a warrant of eviction. The eviction would be carried out by the marshal or sheriff or whoever is authorized to execute it in your jurisdiction.
FIRST: if you were still there after the 1st, you are a holdover.
SECOND: the landlord has no authority to evict you (that includes changing locks, putting your stuff in the street, etc.). Only an officer of the court can carry out an eviction. The penalty for illegal eviction varies from state to state but is often treble (triple) damages.
THIRD: A notice to vacate is a precursor to legal action. It is not the legal action itself. The landlord has to serve you a copy of the dispossess along with a notice to appear in court.
Consult a lawyer immediately. If you can't afford one, go to the landlord tenant court and get legal advice there. BTW, you forfeited your security deposit the minute you stayed one day longer unless the terms of your lease state otherwise (not likely).
Good luck.
Here's a resource for you:

Answer 3

First, please in "add details" type State where this occurred, and why were you not there preparing your belongings to be loaded? Did you retain copy of agreement/lease, and the Notice to vacate? Most Landlords use detailed agreement/lease forms. If you sign, you are very likely held to it, to the letter or penny! Did, Notice to vacate have reason for it included? If reason for notice was stated as a condition in agreement, and matched in writing before 28th day closed,..yes you are screwed out. If not, you might want to get a copy of Landlord/Tenant laws for your state, to weigh the amount lost, and how valid were charges. Unless stated, security, and cleaning deposits are separate. Damages you caused/ or allowed, fall under security. Including leaving trash behind. If you were charged a late payment fee on rent if late, or a storage fee for personal property was in the agreement, it can be charged/deducted accordingly from Security deposit. This is only some general rules, not ness... law.
When down on paper, 28 days means 28 days. Even if belongings were to be gotten on a later date, all other obligations of yours should have been completed by deadline.

Answer 4

People need to get their facts straight . The Federal code for Tenant/Land Lord are verious. In any state the Fed.Code will supersead State Code as long as the Code from any state has over regulated Fed Code. First If you cant aford a lawery then file a state tenant action suit against the landlord with the clerk of courts ( in your state it may fall to a small claim court) then notify the landlord of your intent by certified letter that way you are protected of any unlawful acton intent ( keep copies of all letters, resepts and legel documantions you aquire) 28 days to vacate a rental unit is not a legel action by any landlord/if you have a child, elderly person living with you, or someone who is disabled, the landlord can send you notice to vacate (28 or 30 day notice) dose not mean you have to vacate the landlord first has to give cause for such notice and a timely manner of time that you find other housing they cant just through you out to the elements. Each state, County, and City have a legel Tenant hot line for you to contact also seek help through the Social Services in your area.


I hope this helps you some.

By the way I've worked as an agent for landlords from 4 states and had to know some law pretaining to rental units and I've also been a tenant myself and had to file suit against landlords.

GOOD LUCK

P.S. I noticed that you are from the State of Wisconsin thats great (Im from Wis also) you need to quickly seek legel action of this landlord the state of Wisconsin has a lot of REGULATIONS against landlords that take unlawful actions against or toward tenants.

Again good luck

Answer 5

It all depends on what State you live in. All states have guidelines for what can and cannot be charged. California, for instance, does not allow for any charges for anything attributable to normal wear and tear. A slight cleaning charge might be ok.

In any event, we need more information before we can respond. How long were you living there? How much was your deposit? What condition did you leave the place in?

In California, if the landlord wrongfully withholds the deposit from you, or overcharges you, s/he can be held legally liable for the amount of the deposit and fined up to $7,500.

Answer 6

He legally served you a notice to vacate in 28 days. After the 28th day you were in violation of the notice. What he did was totally legal. Did you have a chance to go to court? Was this a court ordered eviction? If he gave you permission to complete your move and then they retracted it then they may be in violation of a verbal agreement but that is so hard to prove in court. Good Luck. I am sorry to say but unless your tenant laws are different in your state I do not see you winning or gaining anything.

Answer 7

He had no right to change the locks without a court order. You were a holdover tenant (assuming his 28 day notice was even proper to begin with), and he did what is called a self-help eviction. It's against the law, and here they arrest landlords who do that. The tenant is also entitled to hefty damages. For example, our office represented one tenant who was locked out for 1 hour. She got $1,000.00. Another tenant who was locked out over a weekend got over $7,000.00.

You need to see a lawyer who specializes in landlord/tenant matters in your area. You may be entitled to damages for being the victim of a self-help eviction, and may be entitled to double or triple your deposit back as it is being wrongfiully withheld.

Get a lawyer and go after him.

Answer 8

Yeah sorry....totally legal.
That's why he gave you notice, you know the 28 days you had to get it all done!
Laws vary from state to state, so maybe you'll find out some better news on this.
Good Luck

Answer 9

unless it was February, you did not receive proper notice; technically you owe a months rent and the deposit covers it. shut your mouth if you don't know the law!!!!!!!!!!

Answer 10

Unfortunately, I think he can. I had my Sec. Deposit not fully refunded myself.
I hope you can get your money back.