Pierce v. Norwick
In Pierce v. Norwick, 202 Wis. 2d 588, 596, 550 N.W.2d 451, 454-55 (Ct. App. 1996) the landlord's action to recover for unpaid rent and damages to the premises and the tenants' action alleging a fraudulent withholding of the security deposit in violation of Wis. Adm. Code ACTP 134.06(4)(b) were consolidated and tried.
The landlord had notified the tenant within twenty-one days that it was withholding the security deposit of $ 1,000 because $ 1,000 was owed in unpaid rent and $ 2,251.52 in additional damages.
The jury found the landlord intentionally misrepresented or falsified their claim against the security deposit and should have returned the entire security deposit and also found that the tenants caused damages to the apartment and owed $ 889 in unpaid rent and damages. See id. at 592, 550 N.W.2d at 453.
The Court concluded the proper application of Wis. Stat. 100.20(5) provides where the landlord complies with the notification requirement of Wis. Admin. Code ATCP 134.06(2) and (4)(a) and is later determined to have violated subsec. 4(b) by misrepresenting or falsifying damage claims is first to subtract the amount owed to the landlord from the amount owed by the landlord, and then double the difference.