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  1. #1

    Default Landlord Refuses to Return Part of Deposit

    i moved out of a duplex that i rented 8 months ago when i did i asked the landlord to meet me at the unit to deliver keys and go over anything that needed additional cleaning. they refused and told me to leave keys in the unit. i did so. upon receiving my refund i discovered that they had charged me for cleaning ; the stove, fridge, freezer, blinds, bathrooms.
    well this is a problem. Number one in washington no part of deposit may be kept for normal wear and tear items.
    the fridge and freezer were the old kind that ice up and they were iced up when i moved in so this is not a charge that i feel that can be leveled against my deposit. ths next problem was the stove it was wiped down when i moved out so there was no excess dirt build up again a charge that should not be allowed. the blinds were also supposedely cleaned. well if they were cleaned 8 months before when i moved in and i am not a smoker there was no way that they needed cleaned in that short amount of time. the last item was the bathroom. the only item that needed attention was the mineral deposits from the hard water in our area surely i can not be expected to make sure there are not hard water deposits. other than that the floors might have needed light mopping but that should be part of their cleaning not mine.
    what do you think? should i sue for the two times the original deposit that the law allows? should i see an attorney/ or is it even worth my trouble?

  2. #2

    Default

    I don't know about Washington State law, but most states require that an apartment be in the same condition you got it, less normal wear and tear. I know of only 1 state that allows the tenants to leave the unit "broom clean". Normal wear and tear doesn't normally include cleaning issues, unless Washington State does. I would research Washington State law and then decide what to do.

  3. #3

    Default

    fine then i guess they can charge 100 dollars for mopping 2 small bathrooms. i don't think so.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Pursuant to Washington State law:
    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.
    So what does your lease say?

  5. #5

    Default lease agrement

    "SECURITY DEPOSIT" shall be held for the fulfillment of tenant's obligations to this contract inclusive of but not limited to rent owed, late fees, cleaning,damage, etc. as provided by RCW 59.18.

    so does mean that they can withhold money for cleaning the fridge, freezer, and toilets? the fridge and freezer were already iced up when i moved in and the toilets only hard hard water mineral build up.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    What does the rental agreement say?

  7. #7

    Default rental agrrement

    just like i typed it in above

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Lease Agreement

    Ah. I see what you meant now.

    The focus, then, is on the remainder of the statute - did the landlord comply fully with the statute, so as to be able to make a claim for "cleaning" expenses against your security deposit in the amount claimed.

  9. #9
    Join Date
    Sep 2006
    Posts
    4

    Default Re: Lease Agreement

    It sounds like you know that the apertment had to be cleaned before you left. It also sounds like you never cleaned your "blinds" for the length of time you lived there. But, none of that really matters since you never stayed or made sure the landlord "saw" the apartment was the same as when you moved in. You should never go without your deposit, AND, without cleaning to the point of when you arrived AND making sure the landlord has personally looked and hands you your deposit. Of course you know all that now. So many people duck out on landlords. Landlords know when they can keep the money and when they can't, contract or no contract, you can't wreck a persons property even if it was trusted to you. I'm not saying you did, I'm saying the landlord knows this and you will probably lose far more money trying to collect that which is not recoverable.

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