Rental Deposit Refund

[SabrinaR]

I had posted this topic before, but I was not specific enough. Here is what I really needed to know:
Can we deduct unpaid rent for the period of 14 months from the security deposit? We have a tenant currently vacating our home in Washington State. She originally signed a lease with our rental agent for the amount of $950.00 per month. A verbal agreement was made between her and our agent that she (the tenant) would provide lawn care and restore the landscaping. In return she would receive a $25.00 discount on her rent, bringing it to $925.00 per month. We returned to the state and found the yard in very bad condition. She got away with paying $25.00 less in rent for the period of 14 months and my question is that since she failed to comply with her part of the bargain, can I deduct the $350.00 that this discount adds up to from her security deposit? We had her sign a new lease in January of 2000, which stated her rent to be $935.00, which she has since then been paying.

 

[keeshy2]

Just a thought:
I had a tenant underpaying his rent, even though I specifically told him how much it was EVERY month. I never got the money so when he moved out after 8 months I withheld it from his damage deposit. He took me to court and won! I had to refund the $240 I had withheld.
My guess: you'd have to take her to court, and since you resigned her as a tenant over 6 months ago, the judge probably will dismiss it. Your other option would be to go after the agent since he/she didn't verify that the tenant was upholding her end of the bargain for 14 months. I'd say just take the loss and don't do it again. Sucks being screwed though...