Legal Question in Landlord & Tenant Law in Washington
Tenant rights
I live in WA and just recently vacated a rental. The landlord is trying to charge me 1200 dollars additional from my deposit for cleaning the carpets and a leak in the sink ( which I knew nothing about) and crayon on the wall. He sent me a registered letter 17 days after the last day of occupation. I know in WA you have 14 days to return the deposit or inform the tenant what you are using it for, with receipts and invoices included. Can he legally charge me that money??
1 Answer from Attorneys
Re: Tenant rights
A court may well find that a 3 day time lag is a minimal violation - or the court could find he notified you too late.
RCW 59.18.280 says that a landlord is not limited to just the amount of the deposit in what he can ask a court to award him for damage to the premises.
However, it also says that you cannot be charged for normal wear and tear. The carpet getting matted over time is normal wear and tear. Spilling ink on the carpet is damage. You can be charged for damage, but not normal wear and tear. Crayon marks on the walls is not normal wear and tear, but damage.
The leak in the sink depends on what caused the leak. If you created a hole in the sink, then it would be your issue, but if he failed to maintain the plumbing it is hard to see how that is your fault.
Landlord - tenant law has a fee shifting mechanism - the prevailing party is entitled to their attorney fees and costs of suit to be paid by the losing party, so please proceed carefully, as this can get very expensive.
He can allege anything he wants, the issue is what he can prove. I wish you the best with this, and I hope this helps - Elizabeth Powell