• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Landlord past 14 days for notice

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

deejay

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

I moved out on bad terms with my last landlord last month. He didn't contact me until the 18th to ask for my forwarding address. He then sent a bill along with a list of issues with my apartment to the old address. I didn't get it forwarded back to me until a week later. I no longer have the envelope, things have been chaotic due to the rapid move, I may be able to find it but think it was thrown out accidently. I do have his text asking for my forwarding address and my response on the 18th.

I think he is charging me excessively for several issues. One major one being is that I offered to clean the carpet professionally before I left. He said not to do that, he would take care of it. Then he charged me 800 for it's replacement saying it was pro-rated. The carpet was at least five years old, it was in and had stains before I moved in. It was a two bedroom apartment and it was pretty much a budget deal.

What are my options for contesting this if any? The bill totaled to over 1500. I would be willing to pay part of it, but not all. Some have said I don't have to pay him anything since it was a late notice.
 


BL

Senior Member
Do not rely on someone said.
Do not ignore the letter.
You should respond to the letter disputing the claims. ( ie: the carpet is over 5 yrs. old and already had stains ,etc. on it - I offered to have it professionally cleaned and you said don't worry about it ).

If taken to court show up to defend against the claims.

Try and find the post marked envelope -emails can be fudged with.

http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.280
 

deejay

Junior Member
I don't think that the envelope is recoverable. I went as far as to go through the recycle bins in front of the mailbox.

The request for my forwarding address wasn't by email, it was a text he sent me via cell. I still have it on my smartphone.
 

BL

Senior Member
I don't think that the envelope is recoverable. I went as far as to go through the recycle bins in front of the mailbox.

The request for my forwarding address wasn't by email, it was a text he sent me via cell. I still have it on my smartphone.
Read through the link's contents of what a Landlord is required to do about SDs.
 

STEPHAN

Senior Member
The request for my forwarding address wasn't by email, it was a text he sent me via cell. I still have it on my smartphone.
You can't really use this in court. Text messages are to easy to fake, too.

Also, if he would have been evil (or smart), he would have send the mail to your old address and you would have been out of luck if you did not give him a new address.
 

deejay

Junior Member
So If I understand this clearly. Since he didn't get my forwarding address he can state that he couldn't send it on time due to that reason and the fourteen day rule does not apply. The fact that I have a text will not convince the court as they are easily faked.

Since he told me not to clean the carpet, that he was probably going to replace it and then charged me 800 for it can be contested in court as well as some of the other charges due to the excessive nature of some of them. I.e. the drawer in the kitchen fell apart from dry-rot, he charged me for it. As well as any painting done despite it have been four years since we moved in.

Telling him that I will pay part of the charges but dispute several and the reasons why, I understand is the first step.

What would be the best way to go on this course? Aside from definitely showing to any court summons. I want to be as prepared as possible.
 

STEPHAN

Senior Member
I would just write him that you dispute the charges. Send via certified mail return receipt.

Tell him to send you receipts of the cost. See if he used depreciated values. Point out that you wanted to pay for the carpet cleaning. (It might be that carpet cleaning did not work.)
 

BL

Senior Member
AS was said , you dispute the charges.

5 yr. old carpet with existing stains or without most likely is worthless. Dispute the charge.

Rotted drawer dispute you damaged it and the charge.

If this as original paint , dispute the charge , as re-painting is part of doing business every few yrs., unless you painted it either off color or without permission or were suppose to paint it to original for something you done.

Not sure what these other charges are for.

If need be ,let the LL take you to court and let the court decide.

Is the letter itself of damages Signed and dated ?
 

BL

Senior Member
OP was there a deposit that you expect back?
My mistake. Poster might have to take LL to court .

Within fourteen days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW 59.18.310, within fourteen days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis ( for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement ).
 

Gail in Georgia

Senior Member
"I moved out on bad terms with my last landlord last month. He didn't contact me until the 18th to ask for my forwarding address. "

RCW 59.18.280
The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit UNLESS THE LANDLORD SHOWS THAT CIRCUMSTANCES BEYOND THE LANDLORD'S CONTROL PREVENTED THE LANDLORD FROM PROVIDING THE STATED WITHIN THE FOURTEEN DAYS or that the tenant abandoned the premises as defined in RCW 59.18.310. The court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorney's fee.

Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of the tenant's damage or security deposit for damage to the property for which the tenant is responsible together with reasonable attorney's fees.

[2010 c 8 § 19027; 1989 c 342 § 9; 1983 c 264 § 7; 1973 1st ex.s. c 207 § 28.]


The fact the OP never bothered to inform the landlord of his/her new address and simply waited around until the landlord contacted them for their address would be an excellent defense in court to the highlighted portion above.
 

BL

Senior Member
"I moved out on bad terms with my last landlord last month. He didn't contact me until the 18th to ask for my forwarding address. "

RCW 59.18.280
The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit UNLESS THE LANDLORD SHOWS THAT CIRCUMSTANCES BEYOND THE LANDLORD'S CONTROL PREVENTED THE LANDLORD FROM PROVIDING THE STATED WITHIN THE FOURTEEN DAYS or that the tenant abandoned the premises as defined in RCW 59.18.310. The court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorney's fee.

Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of the tenant's damage or security deposit for damage to the property for which the tenant is responsible together with reasonable attorney's fees.

[2010 c 8 § 19027; 1989 c 342 § 9; 1983 c 264 § 7; 1973 1st ex.s. c 207 § 28.]


The fact the OP never bothered to inform the landlord of his/her new address and simply waited around until the landlord contacted them for their address would be an excellent defense in court to the highlighted portion above.
Let's not overlook this section.

The notice shall be delivered to the tenant personally or by mail to his or her last known address. If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he or she shall be liable to the tenant for the full amount of the deposit.
Although tenant can not produce the envelope with the date stamped, the tenant should have changed USPS address and the LL should have mailed the breakdown to the rental address.

14 days should be sufficient for USPS to forward it.
 

deejay

Junior Member
OP was there a deposit that you expect back?
Wasn't really, there were some damages, some scratches on the door from the dogs, one of the sliding closet doors was broken during the rapid move. So I wasn't expecting any back and would have paid a little on top for the damages. The 1900 he was asking for including the deposit was unexpected especially since he said don't worry about the carpet.
 

deejay

Junior Member
Let's not overlook this section.



Although tenant can not produce the envelope with the date stamped, the tenant should have changed USPS address and the LL should have mailed the breakdown to the rental address.

14 days should be sufficient for USPS to forward it.
The USPS forwarding was in place before we moved, it started the 27th of October. The new address wasn't sent to the landlord mainly because we only had a 20 day notice to move a place we'd been living in for four years. We only had the new address on the 25th and had little time to get everything moved and do some cleaning. The move was very chaotic, few could help, one of our helpers pushed himself too hard an had a seizure requiring an ambulance, the elevator was broken and we lived on the third floor, we moved to a third floor apartment, I had the flu, and a very heavy load at work. I didn't receive the rundown until the 25th of November after he'd contacted me on the 18th asking for my address. In the statement is says that he mailed it to the old address. This is unlikely as we only moved about ten miles from our previous location and the forwarding was already in place to start the day we moved out on the 27th.

But if I can't prove it I won't bring that to court if necessary.

From what I have gathered, I should send him by certified mail him a very polite summary of what I will and won't pay, and why I dispute most of the charges including a check for the amount. If he takes me to court, show up and counter with the lateness of the deposit notice, how I had offered to clean the carpets professionally and he said he was going to replace them and not do go forward with that, how he is charging for a blind that was never installed, and other nonsense. I have to do some extensive dental work next week so I would like to type up a letter and send it off before, though I am still checking a few more avenues for advice. I have never been in court as an adult and admit it isn't my area of expertise, and I have never had this type of issue with a landlord. I don't know if there are any tricks he has available to him or if I am not interpreting the law correctly for my situation.
 

BL

Senior Member
Check with the post office to see if they can give you documentation of the mail delivery date to new address.

We usually receive confirmation from the USPS in the mail though.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top