Are miniblind dirt normal wear+ tear (just dust)

Someone please help me! I have had a long going situation with my landlord, that has included me calling the city tons of times including an Emergency order (city) for landlord to do repairs. My landlord figured he could'nt evict me, so we agreed I would move out asap, and he would not require any notice. OK. We gave him 3 days notice on Aug. 17 that we would be gone by Aug 21. they came and did walk thru on Aug 24, and took KEYS. I gave them letter on Sept 9th that they needed to return my deposit (14 days) On Sept 15th, I received 217 of my 500 deposit. They took out 80+ for miniblind cleaning (there was no dirt, just normal dust accumulations.) They also took out 60 for carpet cleaning, even though I had them professionally cleaned, provided them with a receipt, and they had the company
(same one I did) come and re clean, but still charged me for a second company to clean (3rd cleaning) I know the carpet charge was bogus, but can they charge me for normal dust falling on blinds? Is there some law that determined normal wear and tear?
Also, How should I determine how much I should sue him for with regards to the emergency order (we had our Upstairs neighboors waste water dripping into our tub, toilet and on the floor for almost 3 weeks, and then it reoccured for 2 weeks.)
I have a sm. claims suit ready, but have not determined how much its worth ANY IDEAS!!?

Soaked in Seattle (literally)

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by shortyevans:
Someone please help me! I have had a long going situation with my landlord, that has included me calling the city tons of times including an Emergency order (city) for landlord to do repairs. My landlord figured he could'nt evict me, so we agreed I would move out asap, and he would not require any notice. OK. We gave him 3 days notice on Aug. 17 that we would be gone by Aug 21. they came and did walk thru on Aug 24, and took KEYS. I gave them letter on Sept 9th that they needed to return my deposit (14 days) On Sept 15th, I received 217 of my 500 deposit. They took out 80+ for miniblind cleaning (there was no dirt, just normal dust accumulations.) They also took out 60 for carpet cleaning, even though I had them professionally cleaned, provided them with a receipt, and they had the company
(same one I did) come and re clean, but still charged me for a second company to clean (3rd cleaning) I know the carpet charge was bogus, but can they charge me for normal dust falling on blinds? Is there some law that determined normal wear and tear?
Also, How should I determine how much I should sue him for with regards to the emergency order (we had our Upstairs neighboors waste water dripping into our tub, toilet and on the floor for almost 3 weeks, and then it reoccured for 2 weeks.)
I have a sm. claims suit ready, but have not determined how much its worth ANY IDEAS!!?

Soaked in Seattle (literally)<HR></BLOCKQUOTE>

I'll defer to Tracey on this one. My opinion is that dust on miniblinds is not normal wear and tear.

Go read RCW 59.18. You can find it at the library, or here: [url="http://www.leg.wa.gov/pub/rcw/rcw%20%2059%20%20TITLE/rcw%20%2059%20%20%20TITLE/rcw%20%2059%20%20%20TITLE.htm"]http://www.leg.wa.gov/pub/rcw/rcw%20%2059%20%20TITLE/rcw%20%2059%2 0%20%20TITLE/rcw%20%2059%20%20%20TITLE.htm[/url]
You'll also need to check Seattle city ordinances regarding residential tenancies.

L can't charge you for the carpet cleaning. First, carpets get dirty as a part of normal wear & tear. Only if there is extra-ordinary dirt or stains can L charge you. Second, you'd had the carpets cleaned & L knew this because you gave him a copy of the receipt! You didn't have to have this done, but since you did, you're out the money.

A mini-blind cleaning charge is reasonable, if the blinds were clean when you moved in. It's like the grime that accumulates in kitchen cabinets -- you're supposed to get out the Mr. Clean & get rid of it. However, since vinyl blinds cost about $6 each at Home Base, you can argue that it was unreasonable for L to clean them at all. He should have just bought new blinds & stuck them into the old mounting blocks. 2 minutes per blind max. L can only charge you a REASONABLE cleaning fee. If blind cleaning should only take a few minutes, he can't charge you for a few hours. This is true even if he paid someone else to do the cleaning! It's not reasonable to spend $10 cleaning a blind that can be replaced with new for $6. Pound this idea a lot in court. You'll sound like a lawyer & the judge will listen to you (maybe).

Depending on facts I don't know yet, you may be able to sue L under 59.18.110 for L's failure to fix the plumbing problem & ask for a reduced rent rate. This will be credited against any damages you owe L. The diminution in rent is determined by asking, "How much would this apt rent for with this defect?" The difference between the fair rent & what you paid is what you should get. I don't know if the judge will also award you damages for having to clean up the bathroom constantly. That's probably a part of the diminution award.

Read the laws on security deposits carefully. 59.18.230 Says that L can't withhold ANY of the deposit unless L provided you with a written lease & checklist giving the condition of walls, floors, *drapes*, etc. If the list doesn't mention the blinds, you can argue that they were dirty when you moved in, & cleaner when you moved out. 59.18.280 says that L has to send you the damage list within 14 days of termination of the tenancy. (8/21) Did you save the envelope your check came in? L has to mail the refund within 14 days. If L missed the 14 day deadline, L owes you the entire $500. Period. If you prevail on the deposit suit, you are entitled to costs & attorney fees (send me a check! just kidding ). Ask the court to award you twice the amount wrongfully withheld - $566.

Since you mutually agreed to terminate the tenancy on 8/21, L can't retain rent from 8/22 - 8/31, or charge you for September. Demand a pro-rated rent refund for August. L has to refund the rent because he wanted you gone but couldn't touch you for 6 months, so he bribed you into leaving by waiving ANY notice requirement. This is supported by the facts, and a judge should believe you.


There are lots of requirements before you can claim these remedies. Read the laws carefully. Take xeroxes of the laws into court with you, with the pertinant parts highlighted for the court. (Washington judges are notorious for ignoring the statutes & "doing justice". If you have the laws right there & hand them up to the judge, s/he'll be more likely to follow the law. After all, the legislature created
a comprehensive statutory scheme that balanced the rights & responibilities of both landlords and tenants, and it is not a court's place to substitute its judgment for the legislature's. You can use that quote if you want. )

When you file suit, name multiple causes of action: wrongful retention of security deposit, landlord's failure to repair, damage to property, wrongful retention of rent, etc. Your suit is worth $566 + diminished rent + pro-rated rent refund for August + damages for having to drag the city inspectors in over & over & over + costs + attorney fees actually paid (or due). Get out your calculator. Don't forget to add in any damages to your stuff from the dripping water. (Your bath mat, bathroom magazine rack, etc.)

You can read more about small claims court on the FreeAdvice pages or in "How to Win in Small Claims Court" by Nolo Press (try your library).

Good luck.


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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.


[This message has been edited by Tracey (edited September 27, 2000).]