Legal Question in Landlord & Tenant Law in Washington
Billing for cat
My finance moved into an apartment in 06/2006 and moved out 05/2007, because we purchased a condo together. After he moved out, he recieved a bill and a $190 refund from a $600 deposit that was made (which he never cashed because he lost the check while unpacking). We assumed it was for general cleaning and maintenence. Just recently on 11/15/07 he recieved a bill stating he owes them $1200 due to carpet replacement, and that the current tenants had to move out due to fleas. My fiance is highly allergic to cats, and they claimed that the place smelled of cats. Can they legally charge him the $1200 6 1/2 months after move out, after already recieving a bill for things that were wrong with the apartment, and after they let someone else move into the apartment after he had left?
1 Answer from Attorneys
Re: Billing for cat
No, unless he is willing to pay the bill they are presenting on the strength of the bill itself. Go read RCW 59.18.280. It says that the landlord has to tell the tenant, in writing, why they are keeping any amount of the tenant's deposit, and refund the balance immediately.
You need to review the contract and see what the deposit was for. Also, to take a deposit, the landlord has to create and share a walk through checklist detailing the condition of every surface - the walls, the floors, the carpets, etc. That way there is a record about the condition of the property at the beginning of the tenancy. The tenant is not responsible for normal wear and tear (an admittedly vague term).
But there is no basis for the landlord to decide to bill a tenant six months later and reasonably expect the tenant to pay the bill. You have had no control over the place since May; the subsequent tenants could have had the flea problem - you can't tell.
If your fiance can provide independent evidence of his cat allergy and lack of cat ownership, that is going to help.
Don't hesitate to call if you need more help. Elizabeth Powell
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