Legal Question in Landlord & Tenant Law in Washington

Cleaning fees and collection

I received a collection letter on 8/2006 for a remaining cleaning balance from house I rented and left in 2/2001. The last previous attempt to collect was 1/2003. The amount indicated is wrong and they added $240.09 in interest on a $525 balance (incorrect). It was difficult to pay if for no other reason then they were passing on routine repairs to me and hiding it. I was charged $50 to clean a toilet that I bleached clean for example. I didn�t take pictures. Do I have any recourse or is it too late. Would it cause more damage then just paying them.


Asked on 8/11/06, 10:35 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Cleaning fees and collection

Hello: The answer to your question depends on whether your rental agreement was in writing or whether it was verbal only. Statute of repose on verbal agreements is three years, but written is six.

Assuming your contract was in writing, yes, they can still come after you.

But if they do not have a judgment yet, you can argue about it. If you don't have records, it is quite likely they don't either (think about it)

Write back to the collection company on your letterhead. Acknowledge receiving their demand, and demand that they verify the debt. That means to provide you proof that they are entitled to collect it.

If they have a judgment, read it.

If they don't, they need to provide you with a copy of the contract, the move in checklist, the move out checklist, and proof of the landlord's costs incurred.

You are right that $50 to clean a toilet sounds a bit much - you can buy a new one for $100.

Highly unlikely that your contract provides for payment of pre-judgment interest, by the way.

If they want to argue, you can make them work for it.

You can demand that the landlord - the original creditor - prove their case or dismiss the matter all together and get it off your credit report and quit chasing you for the debt.

Debt that old is sold in batches to bottom feeders. They pay pennies on the dollar for these portfolios of collectables and then work the fears of the debtors into a recovery for the junk debt owner. They could pay $5 for the right to collect that $525. It carries a lot of risk which is why they pay so little for the right.

But don't ignore them, that's how they win. Write back, and keep copies.

Best of luck with this. Powell

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Answered on 8/12/06, 11:28 am


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