Carpet Cleaning – Tenant Resource Center

GAH!!!! We are, yet again in April and May 2018, making updates to the website. We will work as quickly as we can. This is the 6th law change in 6.5 years and we are working as fast as we can (feel free to donate here). Until all the updates are made to the website AND our training guides AND our staff AND volunteers are re-trained, brochures will not be available.

For quick summaries of the law changes, see our Law Changes Page.

Unless something else is written in your lease, one of five new laws might change your rights.

Purple text applies to leases and events as of 12/21/11 (2011 Wis. Act 108)

Orange text applies to leases and events as of 3/31/12 (2011 Wis. Act 143)

Green text applies to leases and events as of 3/1/14 (2013 Wis. Act 76)

Blue text applies to leases and events as of 11/1/15 (CR 14-038)

Maroon text applies to leases and events as of 3/2/16 (2015 Wis. Act. 176)

Brown text applies to leases and events as of 4/18/18 (2017 Wis. Act 317)

On 4/16/18, Governor Walker signed AB771 into law. It was published today (4/17/18) as 2017 Wis. Act 317 and goes into effect tomorrow (4/18/18). We are in the process of getting the links to the new laws and updating our website this week. Please be patient with us as we make the needed revisions. A summary of these changes can be found here.

More information on law changes is available here. Have your lease available when calling the Tenant Resource Center so we can help you know what your rights and remedies are, including whether you can request double damages, court costs and reasonable attorney fees when you sue your landlord.

According to the Department of Agriculture, Trade and Consumer Protection, landlords CANNOT charge for routine carpet cleaning - during the lease or from a security deposit-no matter what your lease says. Your landlord cannot legally deduct from your security deposit, even if:

Requiring a tenant to pay for carpet cleaning in advance of moving also will not work, any payments in excess of rent are considered security deposits (ATCP 134.02) and so withholding that money would also be considered a withholding from a security deposit, and therefore illegal absent "unusual damage".

A landlord may only withhold from a tenant's security deposit for painting or carpet cleaning where there is "unusual damage" caused by "tenant abuse". ATCP 134.06(3)(c)

The Attorney General's opinion may be found here. The Attorney General was asked two questions which were answered as follows:

Answer: No. "Landlord's statuatory duty to keep premises in a "reasonable state of repair" does not encompass routine carpet cleaning.

Answer: No. Because routine carpet cleaning is not a statutorily-imposed obligation of a landlord, assigning this responsibility to a tenant through a contractual provision does not render a rental agreement void.

So, even though a rental provision regarding routine cleaning would not make the lease void and unenforceable under Wis. Stat. 704.44(8), it is still illegal to withhold money for carpet cleaning from the security deposit. The opinion notes:

Finally, I note thatthe permissibility of provisions requiring tenants to arrange or pay for carpet cleaning at the termination of their tenancy does not mean that landlords can deduct carpet cleaning charges from the security deposit of a tenant who has failed to comply with such a provision. Under your agency's present rule, ATCP 134.06(3)(c), landlords are expressly prohibited from withholding security deposits "for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible under applicable law." The accompanying note cites carpet cleaning as an example of an impermissible basis for withholding a portion of a security deposit. My conclusion that carpet cleaning provisions are valid does not affect the prohibition against deducting carpet cleaning expenses from a tenant's security deposit as a means of enforcing such provisions.

As of 11/1/15: A new note in ATCP 134.06(3)(c) makes it clear that even though a landlord is allowed to write a lease saying the tenant has to pay for routine carpet cleaning, they may not take this out of the security deposit. Any carpet cleaning charges they collect in advance must be treated as part of a security deposit, which must be subject to a refund. Deductions cannot include "normal wear and tear." Essentially, a landlord would have to sue a tenant as a separate matter if they did not pay for routine carpet cleaning required by the lease.CR 14-038, Sec. 10,Eff. 11/1/15.

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Carpet Cleaning - Tenant Resource Center