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What to do with tenant won't pay for damages

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xbox409

Junior Member
What is the name of your state (only U.S. law)? California

I live in CA and have a house in WA that rented to this mom and her daughter. They lived there for 10 months then moved out. In the rental agreement, I have a non-refundable carpet cleaning fee. When I get the house back, the carpet was trashed. When the house was rented, the mom and daughter were the only people on the lease. However after they moved in, there were at least 6 more people also moved in (her 2 other daughters and the son-in-law, along with 3 babies) - all her families. This is without my agreement or even notify me. I felt this is why the carpet was trashed. I had professional carpet cleaning company came over and they told me they could probably clean upstairs minus few spots, but downstairs is def. not salvageable. The carpet is 10 yrs old but in great condition. Before they moved in, the carpet was professionally cleaned. I had to replace the carpet downstairs and therefore I charged them half of what it cost me, since I felt the carpet is not brand new and can't justify to ask them to pay for all. There are other damages to the house as well - busted door lock, broken garbage disposal, broken screen door. Also she claimed that the house was cleaned but there are many places (oven, bathrooms and garage) are left uncleaned. Therefore I had to hire a professional cleaner to clean it again. The total exceeds their deposit (over by $1200). When I wrote them a letter to let them know what I am charging them, they refused to pay for the damage and threaten to sue. What can I do at this point? Do I have to go back to WA to sue them?
 
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sandyclaus

Senior Member
What is the name of your state (only U.S. law)? California

I live in CA and have a house in WA that rented to this mom and her daughter. They lived there for 10 months then moved out. In the rental agreement, I have a non-refundable carpet cleaning fee. When I get the house back, the carpet was trashed. When the house was rented, the mom and daughter were the only people on the lease. However after they moved in, there were at least 6 more people also moved in (her 2 other daughters and the son-in-law, along with 3 babies) - all her families. This is without my agreement or even notify me. I felt this is why the carpet was trashed. I had professional carpet cleaning company came over and they told me they could probably clean upstairs minus few spots, but downstairs is def. not salvageable. The carpet is 10 yrs old but in great condition. Before they moved in, the carpet was professionally cleaned. I had to replace the carpet downstairs and therefore I charged them half of what it cost me, since I felt the carpet is not brand new and can't justify to ask them to pay for all. There are other damages to the house as well - busted door lock, broken garbage disposal, broken screen door. Also she claimed that the house was cleaned but there are many places (oven, bathrooms and garage) are left uncleaned. Therefore I had to hire a professional cleaner to clean it again. The total exceeds their deposit (over by $1200). When I wrote them a letter to let them know what I am charging them, they refused to pay for the damage and threaten to sue. What can I do at this point? Do I have to go back to WA to sue them?
In WA state, the law allows you, as a LL, to charge a specific fee for carpet cleaning. You did, and you hired a professional carpet cleaning outfit to perform the service.

The law recognizes a LL's right to charge tenant for only the DEPRECIATED value of replacing carpet that is damaged as a result of tenant's actions. However, the depreciated value is based upon the reasonable useful life of the carpeting, which is on average 5-7 years. At 10 years, most carpets have outlived there useful life and are beyond depreciation. It doesn't matter how great YOU think the condition was, it's all about the true useful life of that carpet. That means if you need to replace the carpet at this point, it's a good bet that YOU will bear the full cost of replacement and CANNOT charge your tenant for any part of it.

As far as the remaining damages and cleaning charges, if you can provide proof of your actual costs for repairs and the cleaning service, you can certainly charge your tenant for these costs. While you do not have to provide your receipts and cost evidence now, you will when it comes to taking it to court.

If you do choose to pursue a lawsuit to recover your damages, you will need to file in WA state, where the property is and where your former tenants are.
 

xbox409

Junior Member
In WA state, the law allows you, as a LL, to charge a specific fee for carpet cleaning. You did, and you hired a professional carpet cleaning outfit to perform the service.

The law recognizes a LL's right to charge tenant for only the DEPRECIATED value of replacing carpet that is damaged as a result of tenant's actions. However, the depreciated value is based upon the reasonable useful life of the carpeting, which is on average 5-7 years. At 10 years, most carpets have outlived there useful life and are beyond depreciation. It doesn't matter how great YOU think the condition was, it's all about the true useful life of that carpet. That means if you need to replace the carpet at this point, it's a good bet that YOU will bear the full cost of replacement and CANNOT charge your tenant for any part of it.

As far as the remaining damages and cleaning charges, if you can provide proof of your actual costs for repairs and the cleaning service, you can certainly charge your tenant for these costs. While you do not have to provide your receipts and cost evidence now, you will when it comes to taking it to court.

If you do choose to pursue a lawsuit to recover your damages, you will need to file in WA state, where the property is and where your former tenants are.
Thank you very much. I would prepare the receipts and invoices.
 

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