• Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 3157475
    • Amount Involved: 525.00
    • Filed On: Mar 11, 2011
    • Posted On: Mar 26, 2011
    • Complaint(s):
      • Haven't gotten my security Deposit back, and I moved out in End of Sept, of 10. He is also trying to charge me for having the air ducts cleaned out at a cost of $200 plus, which is maintenance and not damage. He is also charging me for doors in which by putting tape on them it took the varnish off
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Statement of Claim
Complaint Involved (1) - View
Claimant timeline (7) - Hide
  • 02-14-2010 — Told landlord (Don Midthun) that we were moving end of September 2010 and that a moving van would be coming in the next couple weeks for a load to take down to Florida where we bought a house in March 2010.
  • 09-30-2010 — Had landlord come through for a walkthrough to make sure everything was OK. We even painted the back two bedrooms for him. Couldn't do much with the tub as there is no porcelin left on it with it being so old (as the house was). He pointed out the back of one door, in which some was on there already, but when we hung xmas cards with scotch tape, in taking the tape off the varnish came off, as I said the house was old. I asked about our security deposit at that time and he said that he would hold it in case of any damages that needed to be done. Wasn't happy about this.
  • 09-30-2010 — At 2:00 pm we were on our way to Florida being all moved out of the house. I swept the floors, cleaned out the window sills, moped the floors, wiped out the drawers, and we left in the house storage cabinets in the basement, almost brand new braided rug in the small bedroom, blinds that we put up, curtains in all rooms of the house, 3 ceiling fans, stove and refrigerator upstairs in the kitchen, and an old refrigerator in the basement, in which was old but kept things cold.
  • 01-06-2011 — Sent landlord letter stating it had been over 30 days since we vacated the premises locate at W7236 County Hwy K, Arlington, WI. According to Wisconsin law and Cahpter ATCP 134, you have 21 days after to send us either the full security deposit or an itemized list of deductions for damages above normal wear and tear and as you know, we have lived in the house for over 19 years. By law you can only withhold for damages amounts that are deemed reasonable for the damage claimed If a landlord violats Cahpter ATCP 134, by refusing to return or account for the security deposit, we may be able to start an action in Small Claims Court, Section 100.20(5), Wisconsin Statutes, enables us to recover twice the amount of any actual monetary loss, together with court costs and reasonable attorney fees. Therefore, we are hereby requesting you return to us the full amount of the security deposit in the amount of $525.00. If we do not here fromyou within 10 days from the date of this letter, we will have no other choice but to proceed with filing a complaint against you with the Wisconsin Department of Agriculture, Trade and Consumer Protection and file a Small Calims action against you. Sincerely Anna and Richard Jaterka 2336 Saginaw Road North Port, FL 34286 94-426-9101
  • 01-19-2011 — Got an email from him, stating that he had the air ducts cleaned out, (hadn't done this in 19 years that we lived there) and that the cost was $224 (this is maintenance an not damage to the house). And that he was still waiting on the doors. I said that I would pay for one (in which was my daughters bedroom) but that the other door had some tape strips on it when we moved in if this is what he is referring to. He sent me a copy of the bill for air duct cleaning.
  • 02-22-2011 — This was emailed back in answer to his letterl Donnie, It has been 5 months now since we have moved, well over the 21 days since we left and illegal as heck. I'm not going to be nasty on this but if it was your money due you, I'm sure you'd be doing the same. As you know you cannot charge me forthe air duct's being cleaned out. That isn't damage to your house it was maintenance. I also said that I would pay for 1 door but thaqt is it as the other door (if this is what we are talking aboutwhen you mention doors) had some damage done to it when we moved in. However taking 5 months is way too long. I would appreciate getting my money ASAP. We were always on time with the rent, lived there for 19 plus years and did our part, so to say. We also left the shades, curtains, ceiling fans and stove and refrigerator for the next tenancts. So as to why you are grapping at ropes to keep our money is beyond me. I don't want anything that we left in the house for the next tenants. Please send me our deposit NOW! I don't want to file against you but will if I feel need for. Sincerely Anna Jaterka
  • 03-11-2011 — To date haven't heard a word since.
What Claimant Wants Hide
1. All I want is my security deposit back. This is going on forever and its only supposed to be 21 days after moving out. They should pay interest on the money holding it this long. I really think he is hee hawing around as he can't find anything outside of his maintenance on the house. There was no damage done to the house. Mar 25, 2011 $525.00
Cash total : $525.00
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from Mr. Don Midthun. This claim will remain posted until resolved
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