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February 17, 2011 at 3:26 am #597974
F16CrewChiefMemberPlease note before reading, I will be checking with the Tenants Union as soon as they are open next week for tenants rights questions.
Recently I moved out of a rental home into a house that I purchased. I gave my leasing company more than one months notice, with a final vacate date of December 31st, 2010. Upon that date, I notified the post office to forward all my mail from my old address to my new address.
Now, according to state law RCW 59.18.280, the leasing company has 14 days to refund my deposit and provide me with specific charges against my deposit. As of late January, I had not received any notification of anything, nor my deposit. I emailed the leasing company mananger on January 25th asking about my deposit and I gave him my new address.
Today, I received a letter from the leasing company manager postmarked Feb 15th, 2011 informing me that they were withholding my deposit for cleaning and repairs. He also enclosed pictures, but no specific details beyond that. Most of the pictures showed cracks in walls where the drywall sections meet one another. To me, that sounds more like a structural problem that is out of my hands. We did identify cracks in the ceiling when we first moved in. Another picture showed worn carpet. Keep in mind that the carpet was used when we moved in and my family and I lived there for 5 years. Another picture showed cracked paint in the bathroom. We actualy identified the crack paint on our walkthrough when we first moved in as well. The bathroom had no ventilation and it consistantly attracted mold as well. We still have our walkthrough checklist that they signed off on.
Now, from what I’m reading in RCW 59.18.280, I should of been notified within 14 days of vacating the house of any withholdings. However, it is now a month and half later and they are just now telling me that they are not refunding my deposit. Should I get Jesse Jones?
Like I said, I will be contacting the Tenants Union next week when they’re open.
February 17, 2011 at 3:46 am #717643
dyn99ParticipantCheck out Seattle landlord tenant law. It provides even more strict guidelines for landlords to follow, and **specifically forbids withholding a portion of a deposit for cleaning** unless you were notified of that in writing in advance of signing the lease.
http://www.seattle.gov/dpd/Publications/Landlord_Tenant/
I think you should post the landlord’s name on here too. That way future prospective tenants will know not to rent from these guys.
I am also a landlord, and wouldn’t try to pull this kind of crap with my tenants. I have had landlords try and do the same to me in the past, but typically, quoting Seattle’s codes kicks them into shape quickly.
February 17, 2011 at 3:52 am #717644
ZenguyParticipantGosh is this company RD House?
They cannot charge you for normal wear and tear like old carpeting or the fact that it has not been painted in five years and they want to freshen it up.
The landlord/tenants union is the way to go, then the state’s attorney general and then the media…do no threaten all at once, you lose credibility. Good luck!
February 17, 2011 at 3:56 am #717645
F16CrewChiefMemberdyn99,
Thank you for the link. As for posting the landlords name, I’d like to hold off on that until I fully understand my situation. I’m currently going over my lease agreement again, because I believe it does state a cleaning clause. I can’t imagine it cost my entire deposit to clean though. And I would think the landlord would have to provide me more specifics of what they had to clean? I just thought that even if I signed something about cleaning in the original lease, the landlord was still held to RCW 59.18.280?
February 17, 2011 at 4:01 am #717646
ZenguyParticipantSorry CrewChief, I was trying to be funny. I had some issues with mine.
February 17, 2011 at 4:06 am #717647
F16CrewChiefMemberZenguy, No worries. I’m keeping a good sense of humor through this. I actually liked the folks I rented from. I thought they were pretty cool. Of course, this situation of mine has definitely changed my feelings about them….LOL.
February 17, 2011 at 6:06 am #717648
JoBParticipanti went through this a couple of years ago
they have to provide you with a written list of repairs
and it can’t be anything that was already listed on the agreement…
it’s funny how it works though.
they can ding you for damage
but you don’t get any credit for improvements :(
February 17, 2011 at 2:30 pm #717649
anonymeParticipantI don’t think you need to wait for the Tenant’s Union, which I used to be a member of. Did you do a walk-through? This landlord is in violation of the law, and you have a right to your FULL refund at this point – even if you’d totally trashed the place. Unless the statutes have changed in the last 10 years, you also have the right to sue for double your deposit. All of this needs to occur in small claims court, the sooner the better. If you’d like to avoid court, you can notify the landlord in writing of your intent. Be sure to note the specific RCW, although I’m sure the landlord is well aware that they are in violation. That might spur them to do the right thing. Landlords are like insurance companies; they do this deliberately on a regular basis because they know darn well that only a small percentage of tenants will fight them. They pocket the results.
February 17, 2011 at 3:47 pm #717650
KenParticipantI had gotten so used to being victimized by Seattle Landlords that when I moved to WS from a First Hill Apt, I was shocked when they did not attempt to screw me out of the 1300 I had put up.
The place has another name now but the mgmt co was “Harsh investments” who’s name did not give me any confidence in the Sec deposits ever being returned. It was, with a detailed inspection report noting that I had lived there long enough for carpet damage and painting to be not my responsibility.
February 17, 2011 at 6:13 pm #717651
AlParticipantThis happened to me years ago. Was a move-out walk through completed? Was any of the damage they cited as reason to hold your deposit noted on the move-out walk through? If not – and this isn’t legal advice – but just what we did:
We wrote a rebuttal to the rental agency, quoting the lease agreement and a copy of the initial walk through along with a request for the proper deposit refund amount (less the acceptable non-refundable cleaning fee). The agency refused. So we filed in small claims court. The server showed up at the agency, received our summons and wrote us out a check. Case settled.
Make sure you have everything well documented. We were lucky enough to be able to get into the house we vacated with permission of the new renters to take our own photos too.
February 17, 2011 at 11:13 pm #717652
F16CrewChiefMemberTThank you everyone for the replies. We did a walkthrough checklist when we first moved in, but nothing when we moved out. Funny thing is, some of what they are pointing out now is stuff we pointed out and documented on the checklist when we first moved in. We still have that checklist. What I’m trying to figure out is if there was something I might of signed in the lease that voided my rights under RCW 59.18.280?
February 18, 2011 at 4:32 pm #717653
dyn99ParticipantI’m no attorney, but I find it highly unlikely that there was a clause in your lease that would have both waived your statutory rights and is enforceable.
On the cleaning fee, they have to disclose the amount that is non-refundable from the outset – i.e. they have to say that you owe $2000 for a deposit and $300 for a non-refundable cleaning fee. If they didn’t specify the cleaning fee amount in advance, then I don’t believe they can keep any of the amount.
February 18, 2011 at 6:11 pm #717654
F16CrewChiefMemberThe Tenants Union had a standard letter for tenants to send to their landlords to recover security deposits. I’ve sent my landlord the letter being that he didn’t notify me until 46 days after I moved out. Stand by for his response…
February 19, 2011 at 12:11 am #717655
jissyParticipantF16 — I am a landlord in King County but not Seattle and the rules are different for each, but anonyme has it right I believe. As a landlord, I have to address your deposit within 14 days and if I don’t, I owe it ALL back to you no matter what.
I would write a VERY firm letter, site the statutes (there is really great info. online that outlines everything), send it certified/return receipt requested & just say if they don’t pay within 5 business days (or whatever you like), you’ll file in Small Claims — which is really quite easy and if you have your walk-through documentation you’re golden.
Good Luck.
February 19, 2011 at 12:55 am #717656
itsmeParticipantDoes anyone know about getting refunded for oil (for heat) purchased for a rented apartment? It was sprang upon us by the management agency after we signed the contract — “oh, the heat is oil and you’ll owe the last tenant their refund and when you move out the next tenant will refund you for the amount of oil that is left in the tank.” So, we moved out two months ago, there is still no tenant, so we have not received the money for the oil left in the tank. It’s several hundred dollars — the oil company convinced us we needed far more than we really did (we were short term renters). Any one familiar with laws on this type of rental refund?
February 19, 2011 at 12:56 am #717657
itsmeParticipantSorry, hope that is not considered “hijacking” the thread… I don’t mean to… it just seemed to be related to the topic. I can start a new thread if need be. Thanks.
February 19, 2011 at 1:14 am #717658
ZenguyParticipantActually, you cannot sign away your legal rights. Even though companies have you sign stuff that says if you die and it is our fault, you will not hold us responsible…it does not hold up in court.
February 19, 2011 at 1:16 am #717659
ZenguyParticipantItsme…that is true. For example, you move in, the tank is empty you have to pay to fill it. When you move out and they just filled it and you get credit for what you left behind. Works the same way for houses at closing.
February 19, 2011 at 1:17 am #717660
F16CrewChiefMemberitsme,
No worries. I’d start with the Tenants Union. They have a website you can look at.
February 19, 2011 at 2:07 am #717661
itsmeParticipantThanks. I’m just wondering if there is a time limit for oil refunds as it was not a deposit.
February 19, 2011 at 5:07 pm #717662
jissyParticipantitsme: Call the oil company and have them come back and get the overage and give you a refund. I did that once with a VERY unethical company that filled my tank in a new house without authorization. They can suck it back out of the tank, then you don’t have to wait for new tenants. I’d leave them a token few gallons though.
February 22, 2011 at 2:43 am #717663
F16CrewChiefMemberAfter sending a letter to the leasing company manager stating RCW 59.18.280, I just received in the mail my entire security deposit.
Thank you everyone for your advice.
February 22, 2011 at 2:45 am #717664
Genesee HillParticipantSuper. Duper. Great things sometimes happen!
February 22, 2011 at 2:52 am #717665
F16CrewChiefMemberIt just sucks it comes down to this. I guess lots of landlords play this game because most people don’t dispute their claims. Sad that people try and take advantage of others.
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