Legal Question in Landlord & Tenant Law in Washington

Liability for accidental damage

There was a fire in our apt. We did not have renters insurance. It was accidental but our fault. The landlord is charging us 3500 in addition to keeping our 300 deposit. I know we have to pay but how much is enough? He is claiming that the carpet was damaged (it was a kitchen fire-carpet not involved) and is charging us for it. I beleieve the carpet is at least 5 years old. I was under the impression that we are responsible for depreciation only. Further, it took them 1 month from the date of fire to begin repairs. We moved out on July 5 and from June 9 until then we were without stove or microwave. Is that considered livable? We have no prob paying but we believe that they are trying to ''get us back'' for the fact that their prop manager made a mistake on our lease and we ended up paying $125 less than what they originally wanted for the place. It was a typo on her part that we caught two months into it and they ended up owing us for back rent. They were angry then and we believe that these erroneous charges are a way to get it back. Please help. I am desperate and unable to get housing anywhere else because of it. I want to pay, just not what they are asking. Thanks in advance.


Asked on 12/03/06, 5:17 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Liability for accidental damage

Has your landlord provided you with invoices or statements regarding what he claims he needs to fix the place? Are there work orders or purchase orders from vendors (carpet people) or appliance stores? How do you know the charge is $3500?

How does your landlord calculate that $3500?

There is not a law, but a principle of equity that says you are not responsible for the entire cost of the entire lifetime of the carpet. If he got three years good use out of it, how is that your fault? The word is "amortize"; you want him to amortize the cost of the carpet.

I find it interesting that he wants you to pay for the carpet when the fire was in the kitchen.

Your landlord has a duty to provide you with livable housing, but if you did not move out it is hard to find him liable. There must be a paper trail to make this work, and documentary evidence, not just what you say v. what he says.

Hang onto a copy of your lease. That should show the discrepancy of the rent you were paying. Hang onto your payment receipts, too.

There should also be a walk-through checklist attached showing the condition of the place. That will help.

Also, your landlord probably has insurance to cover these costs. Why should he recover once from his insurance company and again from you directly?

Hope this helps. Powell

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Answered on 12/03/06, 5:32 pm


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