Question Surrounding Security Deposit

[Andrew Dicks]

I recently purchased a property in Wisconsin and when I received all the paperwork I did not receive a damage checklist or condition document from the tenants. Now one of the tenants is leaving and left cigarette burn holes all over the floor and the walls are absolutely coated in tar/nicotine. Am I able to deduct the carpet replacement and wall cleaning as that is beyond normal wear and tear even though I do not have a checklist or property condition document due to obtaining the property from a seller and inheriting the tenants? Any help on this would be great, thanks.

[James Wise]

@Andrew Dicks

You could keep the deposit and the tenant could very well assume he has no case as they were his cigarette burns and simply walk away. The tenant could could be very upset with this as the tenant knows the cigarette burns were already there but still walk away as he feels he has no casy. 

On the other hand the tenant could be upset and then sue you for wrongfully withholding the security deposit. If this is the case the cost to defend yourself would likely be close to the amount of the security deposit assuming you even win the case. 

In my opinion winning the case is a long shot. Without any proof that the burns were not there prior to this tenant living there you have a big chance of loosing that case as the burden of proof would be on you.