deposit refund

[ajean]

Rented a house in WA for three years. We left the house clean and empty. We also filled and painted nail holes. When I received my deposit disposition statement from the rental company they had billed me my entire $700.00 deposit. I was billed for 12 hours of cleaning @ $15/hr, $150.00 for a bedroom door that had a dime size hole on the bottom, $100.00 for a closet door that had been scraped where it attaches to the slide rail, $50.00 for nail holes, $50.00 for a bent slider screen to an outside door, $50 for a scraped up outside door, and $50.00 for what they said was the balance owed on my water and sewer bill (I had already had my new address registered for my water bill to be forwarded. He said he called on the phone for the balance I owed, the water co. have no record of this). Do these charges seem a little high for a 6 year old house that we had been in for 3 years? What is normal wear and tear? I know that inside doors can be bought for $35-$55 can they charge $150? He says the payment is for the installation. My contract says $20.00 hr. for repairs. The rental agent has an answer for everything. The 12 hours were spent, he says, wiping down dust from lightbulbs,light fixtures and heater vents. His response is that the house was a mess! Wrote down every dust mote and splotch. What is reasonable wear and tear? My contract 3 years ago says $12.00 cleaning fee/hr., Can he increase to $15? We were the perfect tenents with no problems and always paid our rent on time. House looked better when we left then when we moved in. Do we have any rights here? Can I demand proof of repairs made? I don't know if I believe that they really made the repairs they said they did.

 

[David J. Miller]

To avoid these problems in the future, you should complete a walk-through with the L before handing over the keys. This way the L can identify problem areas and give you an opportunity to remedy them yourself. Once remedied, complete another walk-through and repeat the process if necessary. Don't leave the apartment until you have a signed agreement as to the amount of damages or in some cases an agreement indicating a full refund of damage deposit, depending on the circumstances.

I used to be a renter and I would insist on this closure. The L would almost always pass the inspection (They are less critical when you are present for the walk-through then they are if they are inspecting the home without your presence.) upon which I would have the L sign an agreement that all damage deposits would be returned or at least an agreed upon amount in cases where there were some damages - The key is there are no surprises later.

Furthermore, before you move into an apartment, you should complete a walk through with the landlord and identify damages that are present before you move in. Put these damages in writing. This way, these damages cannot be held against you when you move out.

I am not an attorney.

 

[Tracey]

Well, I'm always suspicious when a landlord just happens to use up the entire deposit on "cleaning". They can bill you for the bedroom door, but I think the closet door bill is excessive. If the door is scraped where it attaches to the rail, that's either normal wear for that type of installation or due to faulty installation. Either way, it's not your fault. Were the outside door's scrapes on the outside or inside of the door? If they were on the outside, L can't charge because L can't prove you caused the scrapes. It could have been the mailman.

Does the water company show a $50 payment made after you left? If it does, then you have no complaint. You were going to pay that money either way. It's not unreasonable for L to pay the bill, since the water company will come after L for payment if you skip (& many bad tenants do). If the water co doesn't show a payment from him, he improperly deducted an 'expense' he never incurred & owes you a refund.

Was the house dust free when you moved in? You are required to return the house in as good or better shape than when you moved in. You are not required to make it perfectly clean.

_Some_ nail holes is normal wear & tear resulting from ordinary use. Tenants are expected to hang pictures on the walls. Filling in those holes is a normal cost of doing business, not damages. Did you do a good job on the nail holes you repaired? fill them, sand them down, paint them so you couldn't tell where they were?

Did you bend the slider? If not, how did it get bent? Was it defective?


You said you had a year lease, but were there for 3 years. Did the year lease say it continued as a month-to-month lease after expiration? Did you sign new leases? This is important because L MUST have a written lease if L collects a deposit, and the lease MUST specify the terms & conditions under which the deposit will be withhheld. If L raised your rent after the lease expired, you can argue that there was no written lease (the old one no longer applies after a rent increase), and therefore L can't withhold ANY deposit. Also, if your lease states $12/hour L can only charge that much. The $3/hr was improperly withheld & you are entitled to a refund. Did you fill out a condition report at the beginning of the tenancy? Was it signed & dated by both of you? If not, L can't withhold any money.

Did L send the statement of deductions within 14 days of termination of tenancy? If not, L can't withhold any money. You can sue L for a refund, and if you win you get your attorney's fees and up to twice the wrongfully withheld amount of money.


Good luck,
Tracey

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RCW 59.18.260
Moneys paid as deposit or security for performance by tenant -- Written rental agreement to specify terms and conditions for retention by landlord -- Written checklist required.
If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the rental agreement shall be in writing and shall so specify. No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the premises.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!