Legal Question in Landlord & Tenant Law in Washington

Security deposit and more

I rented a home for 6 years. After vacating, the property manager used all the deposit ($1200)and is also charging me 700 more. Question: can he charge more than the deposit and how is soilage vs. wear and tear determined? It seems to be very subjective way to determine if you get any money back. As an example of one of the move out stipulations is clean windows. I had them cleaned (cost $85), told them and they had them cleaned again and are charging me. I feel I've been scammed by these people who seemed to have ''very high standards''.


Asked on 9/10/05, 2:59 am

2 Answers from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Security deposit and more

In general, your landlord must produce a written statement of costs that were needed to repair the unit and put it back into rentable shape.

Regarding the windows, if you did spend $85 to clean them, hopefully you took some shots of the place before turning it over, and can show they were very clean. I suggest you get documentation from the window cleaner proving you paid this cost to do the windows.

Soilage vs. ordinary wear and tear is a little more complicated. If the carpet is generally faded or worn out, that constitutes normal wear and tear. On the other hand, if the carpet is fine in most places, but has a burnt spot from a cigarette, or has a hug stain from a spill, that is damage and he can charge to have it professionally cleaned.

I have to admit, I am not 100% sure on this, but considering that you have been in there for 6 years, I'd say in most units, landlords would have to replace the carpet before renting, unless you hardly ever walked on it. Most carpeting just isn't meant to last that long and look to be in top shape. I'd want to look into the law on that point if it were my case.

I hope that helps a little. Good luck!

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Answered on 9/10/05, 6:27 am
Elizabeth Powell ELizabeth Powell PS Inc

Re: Security deposit and more

The landlord has to provide you with a copy of a move in checklist at the beginning of the tenancy which details the condition of the place. At the end of the tenancy, you are supposed to walk through the property again. They can keep deposit money or come after you for more for damage to the property that is beyond normal wear and tear.

Almost invariably, they will turn into neat freaks with impeccable standards rather than return deposit money.

It is not your job to clean the place beyond clearing out your own dirt and belongings. If you had the windows professionally washed, there is no reason why they had to withhold funds to do it again. Same with the carpets. I have however seen move-out advice from landlords to 'replace all lightbulbs' and 'clean refrigerator coils' Hah.

They are also required to send you a letter within two weeks after you move out to inform you of the disposition of your deposit.

This is why I advise my clients to take pictures the day they move out - so there is no question about the condition of the place.

If you know that you left the place clean - and have the receipts to prove it - take them to small claims and get your money back.

If you need more help with this, write to me privately. Elizabeth Powell

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Answered on 9/11/05, 5:49 pm


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