Photographic Evidence Required in Madison For Withholding From Security Deposits

 A recently adopted amendment to MGO 32.07 now requires that for a landlord to charge a tenant for a claim of damage, waste or neglect from the security deposit, the landlord must document the damage, waste or neglect with photographic evidence (if the item is able to be photographed) and the photographs must be retained for a specific period of time and provided to the tenant upon timely written request.  

 Additionally, this ordinance requires that before a landlord accepts a security deposit from a tenant, as part of the check-in procedures, the tenant must be informed of their right to view photographs documenting and damage, waste or neglect charged to the previous tenant, and the photos are required to be retained by the landlord. 

 AASCW will be revising our Non-Standard Provisions document to include acknowledgement of receipt of this information.  

 We recommend to members the use of videotape or digital cameras for photographing evidence of claims made against security deposit monies.  When videotaping, be sure to make audible mention of the date & apartment address/unit number. When using digital or Polaroid cameras or videotape without sound, be sure to place a placard or post-it note with the date & apartment address/unit number next to the damage, to be certain the date/address are included in verifying the claim. 

 The ordinance also states the length of time photos must be retained and the notification required by the residents to view the photos.  

 If you have any questions after reading the ordinance, please the Apartment Association offices at 608-826-6226.

 CLICK HERE to view the ordinance

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