This is part one of a two-part series examining tenants’ rights and landlord-tenant relations.

With close to 40,000 University of Wisconsin students returning back to school and the city of Madison, some tenants may soon share their discontents with landlords and property management companies in the city. A number of students say deductions from their security deposits and confusion over security deposit laws are a source of concern and stress.

City ordinance requires landlords to return either the full security deposit or an itemized list of deductions within 21 days of the tenant’s move out. The return, however, is not always met with open arms.

Laura Arnoldi, manager of LaCiel apartments, said she does not get paid more for collecting extra from tenants, so there is no reason for extra deductions. Taking more from tenants than necessary could give LaCiel a bad name in the future.

UW senior Sam Boebel takes a different stand than Arnoldi. He said that distrust, false claims and unbalanced power make the relationship one-sided.

“It seems like every time you talk to someone about their living situation, they complain about their landlords taking advantage of them,” Boebel said.

Boebel added that this time of the semester, he hears a number of stories from fellow students about their costly security deposit deductions.

Ald. Austin King, District 7, a member of the city Housing Committee, said security deposits are the number one issue for tenants, especially this time of year.

“Right around the 21st day after move out is when the complaints start flying in,” King said.

Arnoldi said the inspection and cleaning process preceding the return of security deposits is thorough.

“We hire contracted professionals to clean and paint each apartment,” Arnoldi said. “Each professional gives their report, then we double-check the apartments and assess the damages.”

Boebel said he had a particularly bad experience with his landlord regarding his security deposit in the fall of 2004. Boebel would not disclose the identity of the landlord, but said it was a large management corporation in Madison.

According to Boebel, his landlord charged him and his roommates for things that were undamaged in his apartment, and then provided pictures from a different apartment as evidence. Boebel and his roommates were also charged for the replacement of carpet that had “a number done to it.”

Under city ordinance, Boebel and others like him, who have damaged carpet, can be charged for carpet replacement. However, it is illegal for landlords to deduct money for routine carpet cleaning even if the signed lease says the tenant must pay for it.

According to King, tenants should know what their landlords can and cannot charge them to avoid confusion. Standard legal deductions from a security deposit include unpaid rent, unpaid utilities and damages caused by tenants beyond normal wear and tear.

It is illegal for landlords to deduct for anything that comes as a result of just living in the apartment or house, such as slight wear on carpets.

“The only option available to tenants if they think their landlord has screwed them is to go to small claims court,” King said. “Most students aren’t aware that if they win the claim, they can receive up to three times the reported damages.”

King pointed to a number of factors keeping tenants from suing their landlords, namely confusion surrounding security deposits and the time-consuming process surrounding small claims court.

Arnoldi said a tenant has never taken her to court because she believes most of her residents are satisfied. Tenants who complain about security account deposits seem to have a bad track record of damages and payments, she added.