Illustrative Example
This story is based on typical security deposit disputes in Milwaukee. It illustrates common scenarios and outcomes under WI Stat §704.28. It is not a real client case.
The Situation
This is an illustrative example based on typical security deposit disputes in Milwaukee. A renter with an approved subletter moved out at lease end. The subletter had caused damage to the unit. The landlord charged the original tenant's deposit for the subletter's damage. The original tenant returned the deposit to the landlord (after recovering from the subletter in small claims) and navigated a complex two-step process under Wisconsin Statute §704.28.
What Happened
Receive damage charge attributable to subletter
The landlord's itemization charged $600 for damage the subletter caused in the last two months of the tenancy. Under Wisconsin law, the original tenant on the lease bears responsibility to the landlord for all tenancy-related damage, including subletter damage. The original tenant faced a legitimate charge.
Assess legitimate vs inflated charges
The tenant reviewed the itemization and photos. The $600 included $380 in legitimate subletter damage (confirmed by photos) and $220 in charges the tenant disputed as pre-existing or normal wear. The tenant paid the $380 and disputed the $220 through Wisconsin's process.
File small claims against subletter for $380
Simultaneously, the original tenant filed a small claims case against the subletter in Milwaukee County for the $380 the subletter's conduct caused, plus the subletter's proportional share of the disputed $220. The sublease agreement's damage clause supported the claim.
Dispute $220 of landlord's charges
The tenant sent a dispute letter to the landlord for the $220 in disputed charges (pre-existing wear), attaching move-in photos showing those conditions pre-existed the tenancy. Wisconsin §704.28 requires landlords to prove damage occurred during the tenancy.
Recover $220 from landlord
The landlord returned the $220 in disputed charges after reviewing the pre-existing condition photos. The tenant's total recovery from the landlord reached $1,050 (full deposit minus the $380 legitimately owed to the landlord for subletter damage, which the subletter then had to pay).
Recover from subletter in small claims
The small claims court entered judgment for $380 against the subletter. The original tenant was fully made whole - the landlord received the $380, the subletter paid the tenant $380, and the $220 in pre-existing charges was returned by the landlord.
The Outcome
A subletter situation requires two simultaneous processes: disputing any illegitimate charges with the landlord while pursuing the subletter for any legitimate ones. The $1,050 deposit was fully recovered through the two-track approach. Wisconsin's §704.28 provided the framework for both disputes.
Key Lesson
If a subletter causes damage, you are responsible to the landlord but the subletter is responsible to you - file simultaneously against both rather than waiting for one dispute to resolve before starting the other.
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