Roommate won't Return Security Deposit

[kbarr7]

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

Hi, this is in Washington, and the lease ended about a month and a half ago.

I sub-leased my room about 3 months before I moved out, our lease has ended and my roommate isn't returning all of my security deposit.

The landlord returned our entire deposit and my roommate was given a single check although she removed nearly all of my portion ($600) for failing to show up to a "cleaning party". She told me about this via text and I said I wasn't feeling well so I coudn't attend although I came by later to clean and make sure my old room was clean. She took off $500 from only my deposit for cleaning fees (she and her friends cleaned) and dispersed it to herself, her friends, and our other roommate (at $20/hr).

Is she legally able to divide my part of deposit like this? Without a formal agreement?

I cleaned my room as well as parts of the house when I moved out before the subletor moved in and I have pictures of the clean room.

Note: the single check is part of the lease agreement. The agreement says the landlord gives back one check to the roommate and then they are to "proportion" this amount to the other roommates.

 

[Banned_Princess]

Do you have a receipt or something that shows how much you paid into the security deposit?

Well, what you have to do is certified mail her a notice for her to account for all the money she held from your deposit, with receipts or good faith estimates. If she estimated 500.00 for paint and cleaning, that is not in good faith, and tell her you are going to sue her.

Then sue her.

Any more questions?

 

[Banned_Princess]

If a deposit or nonrefundable fee is charged, the lease or rental agreement must be in writing, and must include the terms and conditions under which any deposit will be returned.

Is your deposit terms and conditions written in your rental agreement? (as required.)

A deposit cannot be withheld for normal wear and tear. If a tenant pays a deposit, the landlord must provide a document describing the condition of the rental unit.

Did the LL with hold any of the deposit?

The landlord is required to keep deposits in a trust account, and must also provide the tenant with a receipt and the name and address of the depository. Any interest earned on a deposit belongs to the landlord.

Not applicable.

The landlord has 14 days after a tenant moves out to return a deposit, or give a written explanation of why it (or any part of it) was not refunded. If a landlord does not comply, the full amount of the deposit must be refunded to the tenant, regardless of any claims by the landlord that the tenant is not entitled to a refund.

If the LL didn't with hold any of the security I don't think the sub-letter can charge anything on the deposit.

And even if she could, she would have to follow the 14 day rule above. And 500. for cleaning and painting is out of control, and I would bring her to court over it, if it were me. It has been a month and a half you say,... so according to the above quotes from http://www.wsba.org/media/publications/pamphlets/landlord-tenant.htm
She owes you the whole deposit no matter what.

 

[kbarr7]

EDIT: the deposit terms are part of the agreement and the landlord did not withhold any of the deposit.

Thanks for your most recent post, that's very reassuring.

She gave me a breakdown of her math but no receipt of costs. Essentially she showed 5 people working at $20/hr for 5 hours. She didn't explain before-hand or make an estimate. Also this was just cleaning. no painting, no carpet-cleaning, no fixing, etc.

People came and cleaned before the lease ended, she got the deposit back just recently and wrote them checks using my deposit. I'm not sure if this matters but she didn't pay everyone there, just 5 people who "did the most" (i.e. herself and her friends)

I'm just wondering if it's legally justifiable to use my deposit like this without clearing it with me? I thought only the landlord could do anything like this..

 

[Banned_Princess]

EDIT: the deposit terms are part of the agreement and the landlord did not withhold any of the deposit.

Thanks for your most recent post, that's very reassuring.

She gave me a breakdown of her math but no receipt of costs. Essentially she showed 5 people working at $20/hr for 5 hours. She didn't explain before-hand or make an estimate. Also this was just cleaning. no painting, no carpet-cleaning, no fixing, etc.

People came and cleaned before the lease ended, she got the deposit back just recently and wrote them checks using my deposit. I'm not sure if this matters but she didn't pay everyone there, just 5 people who "did the most" (i.e. herself and her friends)

I'm just wondering if it's legally justifiable to use my deposit like this without clearing it with me? I thought only the landlord could do anything like this..

That bold is rediculous. I would contest it, and make her justify herself in court for sure.

 

[kbarr7]

I agree, it's ridiculous, I'm going to try mediation with a third-party then proceed to small claims.

Also, this person is another roommate, not the one I subleased to. If that makes any difference.

I'm still not sure if she can legally take any amount of money from my deposit? The landlord already agreed to give the entire deposit back, does she have any authority?

 

[Banned_Princess]

I agree, it's ridiculous, I'm going to try mediation with a third-party then proceed to small claims.

Also, this person is another roommate, not the one I subleased to. If that makes any difference.

I'm still not sure if she can legally take any amount of money from my deposit? The landlord already agreed to give the entire deposit back, does she have any authority?[/

That is a very good question that was not addressed in the places I looked for that rule. and to tell you the truth I dont really know.. I dont think she can litterally pay herself for work, she had to do anyway. ESPECIALLY not 20.00 an hour.

I guess you will find out then. let me know.




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[sandyclaus]

Charging for the work of 5 people?

I can see the roommate charging you a REASONABLE amount for your share of cleaning efforts that were expended. But to charge you for EVERYONE's efforts? No way!

You would have been 1 of 6 persons who were doing the cleaning. Each of the remaining 5 people took on part of your work, so it seems only fair to charge you 1/5 of the total, or $100 for doing your share of the cleaning (assuming $20/hr is found to be a reasonable rate).