Is it possible to keep your security deposit?

[mede]

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

 

[mede]

I can't get my original message to post due to some error. Here is my post:

Washington

Is it possible for a tenant to fight a landlord who is charging for damages that the tenant disputes? Or do the courts automatically favor the landlord?

I just got a letter from a collections company, and apparently my former landlord charged us several hundred dollars, mostly for preexisting wear and tear. What would it look like if I fought this? My landlord never gave us the opportunity to make a list of preexisting damages and nobody who works for that company ever set foot in the apartment before we lived there. So it is my word against nothing. Also, they told us they were remodeling the apartment anyway, so even if we had caused damages, it would have cost them nothing extra.

It is a common problem that everybody faces, but I've never heard a good answer about it. You often hear people say, "If there is preexisting damage, then take a picture of it." That sounds ridiculous to me. A photo doesn't prove anything; I could have kicked a hole in the wall and then taken a picture of it.

Thanks for any thoughts any body has. I'm thinking about paying the collections but then taking the landlord to small claims court. I'm also curious about how this stuff works in general. Although, hopefully I won't be renting for that much longer!

 

[Zigner]

If your LL hasn't returned your security deposit and you feel that you are entitled to it, then sue the LL in small claims court.

There is no way we can predict whether or not you will be successful.

 

[STEPHAN]

Did your LL send you a letter explaining that he will be using your deposit and what the damages are? Did he have your new address or did you have mail forwarding?

 

[Stephen1]

I am not a lawyer. You may need to speak with a real one. But I have opinions and recommendations based upon experience.

1. Don't pay the collection agency with the plan to sue the landlord. I don't believe you will win. What proof do you have that you didn't owe it? The judge will probably look at it from the viewpoint of "if he really didn't owe the debt then why did he pay it? I wouldn't."

2. If you really believe you don't owe this debt then immediately notify the collection agency in writing that you dispute the debt. There are some good example letters on the Consumer Financial Protection Bureau's website (it is a federal agency). I recommend sending the letter certified, return receipt requested.

3. If you may owe the debt then contact the landlord to see what you may negotiate.

From what you posted I cannot tell whether you paid a deposit or not. If you did I assume you received none of that deposit back. Also the landlord contends that you are responsible for damages greater than any deposit he held (if he had none then it would damages greater than $0 dollars).

If he collected a deposit then he has to comply with both Revised Code of Washington (RCW) sections 59.18.260 and 59.18.280.

Whether he collected a deposit or not, he still retains the right to proceed against you to recover sums exceeding the amount of your damage or security deposit for damage to the property for which you are responsible together with reasonable attorney's fees.

To proceed against you I, personally, would expect that it would be done by suing you in small claims court. Did you receive a summons to court? Did you ignore it?

 

[TigerD]

I tell every prospective tenant to fill out the move-in sheet and get it back to me within a week of moving in. No tenant ever has. Several have attempted to give it me within a month of their intend move out.

DC

 

[robinmathews]

Yes of-course you can fight for all this to your LL because all this damage is not adding up in your end its all comes under the owner's duty.