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Updated over 9 years ago,
Move-out Inspection with hostile tenant Wisconsin
I'm in Wisconsin and I have a tenant that will be moving out of apartment in a few days. As we get closer to them leaving they are getting more hostile and keep threating legal action unless they get 100% of security deposit refunded. They damaged a window total coast was $100 so not a lot. At first accepted responsibility but no longer feel that way now (see number 2 below). The topic of discussion that seemed to push the relationship to a higher level of hostility was getting the carpet cleaned. They refuse to do so and in the lease I have a non-standard rental provision that I read with them before they signed asking for tenant to clean carpet so they are aware of this provision. I have read ATCP 134 and WI 704 for guidance and I'm interested in this boards opinions / interpretations of some points below.
1. Tenant is requesting to be present during inspection. I do not want this because they are hostile and do not feel comfortable with them and would prefer to avoid a conflict verbally or physically. I do not see anything that requires them to be present.
2. They broke a window on a door and have now refuse to pay for damage because they feel the door was not installed correctly allowing them to damage it. Their toddler slammed the door into a coat hanger that is installed in the wall behind the door causing glass to break. They felt the door stopper should have prevented the child from doing this and since it didn't they are not liable.
3. They are requesting 100% payment to them on the day of inspection. In WI landlord has 21 days post inspection to refund deposit and need to itemize any deductions if any with refund. I do not plan to honor this request (as far as payment timing) but once new tenant gives deposit (schedule for 5 days after they move out) I will refund their deposit.
Part of me wants to give them the deposit to get them out of my life and move on but on the other hand I don't like being walked on. Please let me know your thoughts thanks!