Legal Question in Landlord & Tenant Law in Washington
Security deposit not refunded after 14 weeks/no pre-move in check sheet complete
We had a one year lease that expired 12/31/02. No new lease was signed. In the lease the provision regarding the security deposit states ''$500 deposit is refundable with no damage at the rate of $100 per year of occupancy. We gave notice in mid 05/03 that we'd be vacating the house on 06/30/03. We did a walk through June 26th. No complaints from them. By law they had 14 days to return the deposit or provide us with a list of damages. 6 weeks later I sent them a reminder notice,6 weeks later I sent them another with notice of intent to sue. They sent us a letter listing a couple of minor repairs.In their letter they stated the clause about the security deposit..$100 a year and we were there 18 months so we get $150 minus the cost for the minor repairs.Since the lease expired does that statement about the security deposit still stand? They didn't notify us within 14 days as the law states. We plan on taking it to court but are not sure whether to sue for the $150 or $500
Also, I read that if no pre-check sheet is filled out then a security deposit is NOT to be collected. No pre-check sheet was completed. Are we entitled to get our deposit back since the landlord broke the law to begin with?
1 Answer from Attorneys
Re: Security deposit not refunded after 14 weeks/no pre-move in check sheet comp
It sounds like they didn't comply with the law, although I have not reviewed the lease agreement and typically the lease agreement supercedes the statute (but not always). You should sue for the larger amount -- worst case scenario is the judge only awards the lesser amount.
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