Need Advice

[crusheroz]

What is the name of your state? Washington
We just recently moved out of an apartment to Post Housing. We recieved our settlement statement from the complex and there were a couple of errors on it. They fixed 1 of them. They are charging us for the replacement of formica in the master bedroom's bathroom. There was a small bleach spot on it, it was not even the size of a penny. We are finding it hard to believe that it was infact replaced. When we asked about it, all we got was well we have pictures of the damges, well so do we. I have learned to take pictures of everything. What can we do? If it wasnt for this cost, we would only owe for the last months water,sewer, and trash bill. I dont want to pay for something that was not replaced or fixed. My guess is they have no reciept for the replacement of it. We did ask if they did, and that is when they said they have pics.
Thanks!!

 

[CA. Landlady]

Your best recourse is to write them to challenge the deduction and if you all can not work something out you may want to sue them to possibly be awarded the refund for the deduction.

 

[crusheroz]

Thank you! But the deposit we gave was nonrefundable. They use it to paint, carpet cleaning, and any extra cleaning that may need to be done. They are already calling us asking when we plan to pay the bill. We just got the billl a week ago. It said we have 30 days to pay. We plan on sending money at the 1st, but I dont want to send all of it. Do I just enclose a letter explaining why?
Thank you!!

 

[CA. Landlady]

Ummm...does your lease state it's a nonrefundable "deposit" or "fee"?

http://tenant.net/Other_Areas/Washstat/lanten2.html#deposits and other fees

 

[crusheroz]

Hello! It has deposit on it and the reciept I have.

 

[CA. Landlady]

In other words, it states it's a nonrefundable deposit? If yes, I suggest you seek legal counsel to have your documents reviewed. They may have a huge problem making a deposit non-refundable. You may have good cause to write them and demand a return of your deposit and then, sue if they do not return it.

On the itemized statement they sent you, did they supply you with the cost of the painting, carpet cleaning, and housing cleaning or just the cost of the vinyl?

Note below what I'm referring to when they made a deposit nonrefundable. I'll look up the civil code and get back to you.

>>>Nonrefundable Fees.
These will not be returned to the tenant under any circumstances. If a nonrefundable fee is being charged, the rental agreement must be in writing and must state that the fee will not be returned. A nonrefundable fee cannot legally be called a "deposit."<<<

Here's the civil code.

RCW 59.18.285
Nonrefundable fees not to be designated as deposit -- Written rental agreement required.
No moneys paid to the landlord which are nonrefundable may be designated as a deposit or as part of any deposit. If any moneys are paid to the landlord as a nonrefundable fee, the rental agreement shall be in writing and shall clearly specify that the fee is nonrefundable.