Damage Deposit Being Withheld

My question involves landlord-tenant law in the State of: Washington.

I gave a 30 day notice to move. Paid 1st/last and deposit when I moved in. I had to move because owner was letting condo go into foreclosure. Notice given end of Feb 2011. Moved out last day of March 2011. Turned in the keys to landlord, gave them forwarding address, and was told that I would get my deposit back because of circumstances. Unfortunately, not in writing. It is now Sept 2011, and no deposit. Sent a letter to landlord on August 15th 2011 requesting my deposit. Received a letter today Sept 7, 2011, from the landlord stating that my deposit was being kept because of condo needing paint, carpets needing cleaning, and lack of general cleaning. 1st off, the condo needed painting when I moved in, carpets were in above average condition when I moved in. The lack of cleaning was due to the fact that it was not cleaned when I moved in. Stove/oven was dirty, fridge was not sanitized upon move-in. I actually cleaned the carpets when I moved in and the landlord commented on how nice they now looked. My question after this long description is, since I did not receive any notice from landlord to with-hold my deposit until I sent them a letter to get my deposit back, do I have any recourse to get my deposit back? Other issues during my time living there was a leak in the unit above, and 2 gaping holes cut in the ceiling to find the leak, and the holes were never repaired during the last 2 years of rental. Also, 1 bedroom carpet had to be pulled up because of the water damage, and it was never fixed while I lived there, even tho promises were made to do so. Help...It is only 300.00, but it is my money unless I am in the wrong here. I appreciate any help with this.

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Quoting atigus

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My question involves landlord-tenant law in the State of: Washington.

I gave a 30 day notice to move. Paid 1st/last and deposit when I moved in. I had to move because owner was letting condo go into foreclosure. Notice given end of Feb 2011. Moved out last day of March 2011. Turned in the keys to landlord, gave them forwarding address, and was told that I would get my deposit back because of circumstances. Unfortunately, not in writing. It is now Sept 2011, and no deposit. Sent a letter to landlord on August 15th 2011 requesting my deposit. Received a letter today Sept 7, 2011, from the landlord stating that my deposit was being kept because of condo needing paint, carpets needing cleaning, and lack of general cleaning. 1st off, the condo needed painting when I moved in, carpets were in above average condition when I moved in. The lack of cleaning was due to the fact that it was not cleaned when I moved in. Stove/oven was dirty, fridge was not sanitized upon move-in. I actually cleaned the carpets when I moved in and the landlord commented on how nice they now looked. My question after this long description is, since I did not receive any notice from landlord to with-hold my deposit until I sent them a letter to get my deposit back, do I have any recourse to get my deposit back? Other issues during my time living there was a leak in the unit above, and 2 gaping holes cut in the ceiling to find the leak, and the holes were never repaired during the last 2 years of rental. Also, 1 bedroom carpet had to be pulled up because of the water damage, and it was never fixed while I lived there, even tho promises were made to do so. Help...It is only 300.00, but it is my money unless I am in the wrong here. I appreciate any help with this.

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This is the WA law regarding the return of deposit by the landlord, see:

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

He must notify you in writing within 14 days of your moveout, reasons for keeping the deposit, or he is liable for the full refund of the deposit. Your best bet is take him to small claims and get a judgement. Based on your narrative, he has passed the 14 day limit. You may be awarded up to twice the amount of the deposit, and court costs.

See recent amendments in year 2011, Sec. 13, (pages 22 - 23):

http://apps.leg.wa.gov/documents/bil.../1266-S.SL.pdf

Apparently, the LL is also required to keep the deposit in a trust account, and if he didn't he violated the law, and your rights supercedes others in bankruptcy situations. This points to your situation, as you say he is in foreclosure which the amendment particularly addresses, his failure to follow the laws makes him liable up to 2 times the amount of the deposit.

I appreciate the reply, and did find this Wa St. landlord/tenant law in my own search. Apparently, my ex-landlord doesnt feel that this law applies to her. It is reassuring to know that this law is binding and now I have left the ball in her court, giving her 1 last chance to refund my deposit before taking her to small claims court.

Thank you again