Legal Question in Landlord & Tenant Law in Washington

tenat questions

Yes i moved from one apratment to another after renewing my lease. When i moved into the new apartment the deck was not finished but they said they would be getting it fixed asap. it has now been a whole month since i have lived in this new apartment no fixed deck. is this grounds to cancel any extra deposit they may want on apartment?

secondly i have still not recieved my deposit back from first apartment a month later. is there anyway to not pay rent till i recive said deposit and if so can i prorate till i recieve it?


Asked on 3/29/09, 6:16 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: tenat questions

I'd have to see both of your leases, but from what you write, I'd say regarding the deposit from the first unit, you may be entitled to all of it back if it has been more than 14 days since you moved out and no written statement has been mailed to you providing an account of what if any part of the deposit has been applied to repairs that are not part of ordinary wear and tear.

As for the new unit's defective deck, you need to protect yourself IN WRITING! To that end, write a letter and mail it certified mail to the manager or landlord and remind them of their promise to finish the deck ASAP and that a month has passed and that nothing's been done. Let them know that if they don't at least start working on fixing the deck this coming week, that you plan to withhold a portion of your future rent check to account for the diminished value of a unit with a defective deck. In other words, what is your unit worth with the deck as is versus what you are paying now?

Having said all that, before you start withholding rent money and risk an eviction process that may lead to your ultimate eviction, I highly recommend that you invest in an hour or two of an attorney's consultation time to have someone review the two leases and photos of your new unit and to allow that person to properly advise you. I cannot do that here, nor is what I've written about to be considered legal advise.

I am basing my statements above on the limited information you have provided which may not be everything there is to know about your situation.

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Answered on 3/30/09, 3:15 am


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