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  1. #1
    Join Date
    Oct 2013
    Posts
    22

    Default Landlord Keeping Entire Security Deposit and Asking for More

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

    First of all she has been a pain in the butt landlord! She wanted us out in June rather than October, because her lease was up and wanted back into HER house even though she approached us 3 years ago about signing a 3 year lease rather than a 1 year lease. Well we said we'd see. We ended up buying a house and getting out Aug. 15...a full 2 1/2 months early. Even then she was saying to us on Aug. 1 "is it really going to take THAT long for you to move out?" She had been irritating the entire 3 years we were there-popping in without notice or a 30 minute notice, having us pay for a half a door that the wind tore open even though it wasn't our fault.

    We move out and got a very nasty note from her saying that we did a horrible job cleaning. Granted it wasn't fantastic, but she said she was having the floors sanded, new cabinets put in so we weren't too worried about it being spic and span. She kept our entire $1100 security deposit and also asked for $315 extra for things she listed out like sink, tub, cabinets, driveway. No reasoning as to why she was charging us what she was just a list of the amount not WHY it was that amount.

    She got us that statement in 14 days but then said there may be more charges. Just last week (4 weeks later) we get another statement with receipts showing the different cleaners she had in there. This time the amount we were to owe was $230. Less than the first time, however she basically came up with charges originally for things that had nothing to do with the charges she was now asking us for. All the receipts this time were for cleaning the floors and carpet and deodorizing the house. They had nothing to do with the bathtub or sinks or cabinets or driveway and sidewalks she listed initially. We got this statement more than 14 days after moving out so we are wondering if we really do need to pay it since everything should be received from a landlord within 14 days. Granted we got the first one in 14 days but she said there may be more and these new charges had basically nothing to do with the first charges. Almost like she was making up numbers.

    Between her wanting us out early and us complying and now her being nasty about keeping our entire deposit and wanting even more we really want to take her to court, but do we have a leg to stand on?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Landlord Keeping Entire Security Deposit and Asking for More

    Here are the WA security deposit statutes:

    59.18.260 Moneys paid as deposit or security for performance by tenant -- Written rental agreement to specify terms and conditions for retention by landlord -- Written checklist required.
    59.18.270 Moneys paid as deposit or security for performance by tenant -- Deposit by landlord in trust account -- Receipt -- Remedies under foreclosure -- Claims.
    59.18.280 Moneys paid as deposit or security for performance by tenant -- Statement and notice of basis for retention -- Remedies for landlord's failure to make refund.

    See:

    http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18

    If you believe that she is wrongly keeping your security deposit and/or has failed to comply with any of the security deposit law requirements, you sue her in small claims court.

    That she's been a PITA for 3 years is irrelevant with regard to the security deposit.

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