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  1. #1
    Join Date
    Feb 2008
    Location
    Oregon
    Posts
    14

    Default Falsifying Documents After Moveout

    I was just curious in the state of Washington if anyone knew what the laws are for renting and terminating a unit. The reason I ask is this...we used to rent an apartment that we subleased for 9 months and the previous renters were there 9 months also. When we moved out we gave notice and paid rent in full so we did not break our lease. When it was time for the walk thru for our final inspection the assistant manager didn't want to do the walk thru so she had another office person do the walk thru. Everything went fine the papers were signed we were given a copy and they said they would send us the check in the mail. About 2 weeks later we get the refund and a letter stating that there were some issues and they had added those to the paper which was already signed by us in the final walk thru but the assistant manager added things like walls needed to be painted and carpet needed replaced due to pet stains which was false because we washed and cleaned all the walls scrubbed them and got all the scuff marks off and it looked better when we left than when we moved in but my question is can they go back and alter documents that have already been signed? The same assistant manager also signed for a cell phone for our household and never gave the cell phone to us and has since misplaced the phone. I was charged $400 by the cell phone company because she signed for the package and I am now fighting with her and the management company over paying the costs for this package they signed for and then lost! Am I going to get reimbursed for the $400 that my parents paid to keep my cell phone on or is the company not responsible to cover that even though they signed for the phone and never gave it to me? Can rental documents be altered upon a final walk thru as well by the assistant manager once they have been signed by both parties?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Falsifying Documents After Moveout

    Take a look at the following statutes:
    Quote Quoting RCW 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.]Within fourteen days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW 59.18.310, within fourteen days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement. No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises. The landlord complies with this section if the required statement or payment, or both, are deposited in the United States mail properly addressed with first-class postage prepaid within the fourteen days.

    The notice shall be delivered to the tenant personally or by mail to his last known address. If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he shall be liable to the tenant for the full amount of the deposit. The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the fourteen days or that the tenant abandoned the premises as defined in RCW 59.18.310. The court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorney's fee.

    Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of the tenant's damage or security deposit for damage to the property for which the tenant is responsible together with reasonable attorney's fees.
    Quote Quoting RCW 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.
    If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the rental agreement shall be in writing and shall so specify. No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the premises.
    If they don't voluntarily reimburse you for the value of the lost package, you will probably have to make a claim in small claims court in order to try to recover the money.

  3. #3
    Join Date
    Mar 2008
    Posts
    6

    Default Re: Falsifying Documents After Moveout

    Thanks, again Aaron, took ya long enought to delete that! Thanks again for your help.

  4. #4
    Join Date
    Feb 2008
    Location
    Oregon
    Posts
    14

    Default Re: Falsifying Documents After Moveout

    OK thank you so much for your help! I greatly appreciate it.

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