Legal Question in Landlord & Tenant Law in Washington
Security Deposit
I moved into a rental home and made a $400 refundable security deposit. There was not a non-refundable fee required. After moving out, I received a bill for $535 as follows:
* Linoleum $250
* Blind Cleaning $60
* Cleaning $125
* Carpet $100
Under comments: Very stained carpet � needs extra cleaning. Nicks and tears through entire kitchen linoleum/needs to be replaced.
The contract states that the non-refundable fee covers usual cleaning. The security deposit covers damage in addition to what the non-refundable fee covers. I agree that the linoleum needed replacing due to the glue separating from the floor and being walked on. They overstated the damage. I reported it to the management. They said they would send �the maintenance guy over� but he never showed up. We cleaned the house from top to bottom: Isn�t cleaning standard maintenance? Is there any distinction between a non-refundable deposit and a security deposit?
1 Answer from Attorneys
Re: Security Deposit
Well, there is no such thing as a non-refundable deposit. That is called a fee. They can charge fees - as much as they want, but they cannot call it a deposit and then keep it without explanation.
I would be interested to know if the home was brand new when you moved in and how long you were there.
Here's why: flooring is an investment for a landlord, and has a useful life. The law figures that a product is passed its useful life after 12 years, max. After that it is a relic and any additional use is purely gratuitous.
If the linoleum needed to be replaced because it failed (glue separated) that isn't your fault, it is a manufacturing defect. The landlord should go after the manufacturer / retailer for defective linoleum, not blame it on the tenant.
You also do not tell me whether there was a walk through checklist attached to your written rental contract at the beginning of this tenancy. They cannot take any deposit money from you whatsoever without giving you that checklist.
Go read RCW 59.18. 260, .270 and .280, and see if it clears up anything for you.
I can't tell from the information you provided whether you have grounds to sue or not, but know that this is perfect for small claims and you can do it yourself if your facts fit the relevant law.
Best of luck with this - Powell