Legal Question in Landlord & Tenant Law in Washington

Property manager and deposit.

We're a bit concerned about receiving our refundable deposit. Within the last 6 mo. (the length of our lease) there has been 3 different property managers. In between the original person who we rented from and the one now our lease and aggrements have been lost. Except for the copy which we have. There was no walk through, originally, but obvious damage to the apartment was present before we moved in. I have pictures! So now, after I have stated my concerns with the new property manager she tells me it is my responsibility as a tenant to make up my own checklist, because they didn't (though on the lease ''Property Condition Report'' was checked off), and because there wasn't an offical checklist provided the refund of the deposit doesn't seem in my favor. What should I do?


Asked on 8/16/06, 7:42 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Property manager and deposit.

First rule of being a consumer: Do not take legal advice from people who do not have your best interests at heart. If she can get you to believe this snow job, she does not have to account for your money! How sweet for her.

Don't buy it for a minute, and don't argue with her.

Likely you will get your deposit back because there has to be a walk throug checklist at the beginning of the tenancy, and if there is not it isn't your fault.

GO read RCW 59.18.260. .270 and .280. There isn't a lot of caselaw but there is a lot of litigation in small claims over this. Bottom line it is their responsibility to prove they are entitled to keep it, as the presumption is you get it back.

"Normal wear and tear" is wide open for interpretation. Carpet that gets matted in traffic areas is normal; spilling ink is damage.

Best practice is to pay a professional to clean your apt. On Craigslist I am sure you can find somebody who will cheerfully scrub the place for $150 - $200. WHAT a great use of funds.

Best of luck. Call if you have any more great lines from your manager! Powell

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Answered on 8/16/06, 10:22 pm


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