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  1. #1
    Join Date
    Jul 2013
    Posts
    1

    Default Deductions from Deposit Based on an Estimate

    My question involves landlord-tenant law in the State of: Washington State (Not DC)

    Hi, thanks in advance. I just moved out of rental house in Washington State. The landlord changed halfway through the tenancy, not sure if that matters. Anyways, the refund letter I got today is removing $100 of my $800 deposit citing:

    1. "Painting" (with no specifics listed, and place wasn't painted when I moved in, lived there 2 years) and
    2. "Repairs and Maintenance: "estimated charges for re-installing window coverings left in closets and installing a missing towel rack." (window coverings are curtains that were actually in the closet at move in. I installed my own, never even removed the curtains from the closet).

    So the only legitimate charge seems to be the towel rack, which did break off the wall, and I ended up misplacing it.

    Washington law says that a landlord has to return the security deposit within 14 days, or mail it first class within 14 days. It was mailed within this window. Interestingly, the $100 cost is reported in the letter as an estimate of the charges, and that if it was over or under estimated, I might owe money back or receive a larger refund. That is very weird and has never happened to me.

    The landlord mailed me a check for $700 writing "hold questions regarding your deposit until you receive final charges." This seems like a ploy to circumvent the 14 day rule.

    The questions I have are these:
    1. Can the landlord estimate the amount of security deposit kept? Or does it have to be finalized and returned to tenant within 14 days?
    2. Can landlord leave vague charges like "painting", "hanging window coverings", and "replacing towel rack" without accounting for how much money each item will take?

    Thanks.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Deductions from Deposit Based on an Estimate

    It would appear that the landlord only has those 14 days to provide the final estimate of charges for damages above normal wear and tear taken out of the security deposit in the state of Washington.

    And no, a landlord does not need to provide more specific details on how much money each repair will take. For example, they do not need to provide you with receipts for the cost of replacement items.

    If you disagree with the amount kept out of your security deposit, you always can consider writing what is known as a "demand" letter, "demanding" what you believe you are fairly owed from your security deposit and giving the landlord a certain amount of time (say, two weeks after they receive the letter) to return what you believe you are fairly owed. If no satisfaction, then your next step is to consider whether it is worth your time and trouble to file a lawsuit over this matter. Such lawsuits are typically handled through Small Claims court as they involve relatively small amounts of money in dispute.

    Gail

  3. #3
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Deductions from Deposit Based on an Estimate

    If the final deduction is only $100 leave it alone, the towel rack alone could be more than that as the cost he can claim in court includes bringing in a contractor to do the work. $$$

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