Dirty House Wives

By Becky D on May 15, 2010 | Reply

No matter who caused the damage you or your old roommate, you were the new tenant and didn’t speak up. Can you prove that it was done by your old roommate? Probably not. It is your responsibility that the apartment looks like it did when you moved in originally. You should of gotten the carpet cleaned once or twice a year, if not now you have to pay for it.
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By chatsplas on May 15, 2010 | Reply

READ your lease–carefully. Check out your state’s LL/Tenant law online.
Send LL a Demand letter that she return your deposit. State that you accomodated her request to move out before your lease expired, that you did intensive cleaning (details), that she did NOT send you a detailed list of damages within time period required by state law, and that you require your deposit within one week. At that time, go file suit in small claims court. Use Standard Business English–get some one to proof it for you–in letter and in lawsuit.
References :
real estate attorney

By sun1flower11 on May 15, 2010 | Reply

Now as a tenant you have rights. It seems that can take her to court because she did not adhere to the leasing agreement nor did she give you adequate time to move out. You were very nice in moving out because I would not. If your lease was scheduled to expire in February and she’s asking you to move out prior to date and there was no clause in the lease nor were you month to month. You can sue her for the inconvience and charges you incurr for having to move out and she broke the lease agreement. Also, as the owner of the property she has inspect prior to taking over to. She has to prove that those damages were made from you time in the house not the person prior to and if she cannot prove her case then she will loose. Also check with your lease to see if there was a clause in fixing the holes and carpet cleaning. If there is nothing in your lease than she cannot hold you liable for anything damages. Actually she voided the whole lease agreement when she broke it to kick you out before your time expired and not providing you sufficient notice.
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By Weimaraner Mom on May 15, 2010 | Reply

The landlord cannot charge you for "Normal Wear & Tear" holes in the wall and worn carpet do not count, if she replaced the carpet then she would only be able to charge you for a portion of the replacement over the life of the carpet in other words if the carpet had a life of 10 years then she could only charge you a percentage of 2 years not for the full replacement. The only problem here is if you did take her to court regarding the security deposit of $2000 where is your proof of the condition you left the property in? Did you do a final walk thru of the house before you moved out with the landlord? Did you take photographs of the place upon move out to show the condition you left the home in? If you have no proof it’s your word against the landlords and apparently the landlord has a witness do you? Do you have witnesses to prove and state that the home was spotless?

It’s all a matter of he said she said and I’m afraid your "word" will not hold up in a court of law. You could end up losing, paying more money along with your landlords court fees. They never went to check the condition of the house when your roommate moved out because you were still living there, there was nothing to check, and no reason to do an inspection because you weren’t both moving out. That’s why they never checked.

The security deposit is for DAMAGE only, nail holes are NOT damage, a dirty carpet that just needs cleaning is NOT damage, holes HUGE holes in the wall and a torn or damaged carpet warrants use of your security deposit. The landlord MUST submit to you receipts for the damage SHE CANNOT CHARGE YOU TO REPLACE THE CARPET WITH HARDWOODS, you need to see receipts. If she had the carpet cleaned or the townhome painted or cleaned then she needs to provide receipts. If she removed the carpet then she’s on her own, that was her choice and she cannot charge you for putting hard wood down.

§ 55-248.15:1. Security deposits.
A. A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two months’ periodic rent. Upon termination of the tenancy, such security deposit, whether it is property or money, plus any accrued interest thereon, held by the landlord as security as hereinafter provided may be applied solely by the landlord (i) to the payment of accrued rent and including the reasonable charges for late payment of rent specified in the rental agreement; (ii) to the payment of the amount of damages which the landlord has suffered by reason of the tenant’s noncompliance with §55-248.16, less reasonable wear and tear; or (iii) to other damages or charges as provided in the rental agreement. The security deposit, any accrued interest and any deductions, damages and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due the tenant within forty-five days after termination of the tenancy and delivery of possession.

References :
http://web.wm.edu/sharpefellowship/Files/L_T_book.pdf?svr=www

By Gertie on May 15, 2010 | Reply

Lets start with the carpet they can only charge you a pro-rated amount for the carpet. They can’t charge you the full value unless the carpet was Brand New when you moved in. They also can’t charge you for the new hard wood floors since that’s not what was in the house when you lived there.

As for the holes in the walls are they just nail holes from the pictures that would be considered normal wear and tear.

Anything above normal wear and tear from living in a house they can charge you for. Ask her for receipts showing what was fixed or replaced. I’m copying and pasting some stuff you might need. Modify these letters to your specific needs and don’t forget to send it certified mail return receipt requested.

March 1, 2006

Joe Landlord
1212 Treelane Road
Evergreen, WA 98000

Certified Mail #

Dear Mr. Landlord:
As you know, I moved out of my apartment at 123 Tenant Road #1, Treelane, California on March 31, 2006.

Although I left the place clean, I still have not received my $500 deposit. As I am sure you know, the California Residential Landlord-Tenant Act requires you to either refund my entire deposit or give me an itemized statement of why it is being held within 21 days after I move.

The Act also states that if a landlord does not send the statement within 21 days the tenant is entitled to a complete refund. Also, if you intentionally failed to return my deposit or send me the statement, I can ask the court for double the amount of my deposit.

Please mail my $500 deposit to me at my new address: 456 Maple Drive, Dollar, WA 98001. If I do not receive your check within one week, I may file a lawsuit to recover my deposit. If this becomes necessary and I win, you may have to pay the costs of this lawsuit and attorney’s fees.

Sincerely,
Ima Tenant

This one is for if you dis-agree with what they sent you.

April 15, 2006

Joe Landlord
1212 Treelane Road
Evergreen, WA 98000

Certified Mail #

Dear Mr. Landlord:
Today I received your itemized statement explaining why you were withholding $100 of my deposit. In reviewing your statement, I noticed you were charging me to repair a window that was broken when I moved in. You also appear to be charging me to repair a burner on the stove which simply wore out. As I am sure you are aware, under the Washington Residential Landlord-Tenant Act you may not withhold my deposit because of damages that were there before I moved in or because or normal wear and tear. The Act also provides that if I am forced to sue you to recover my deposit, and I win, you may also have to pay court costs and attorney’s fees.
Please mail the remainder of my deposit to me at my new address: 456 Maple Drive, Dollar, WA 98001. If I do not receive your check within one week, I may file a lawsuit to recover my deposit.

Sincerely,
Ima Tenant

now here is some additional information if you have to take him to court. this one is for not receiving any deposit back.

Your Honor, on November 3, 2005, I rented an apartment from the defendant, Joe Landlord, and gave him a $300 deposit. Here are copies of my rental agreement, the written check-in list we signed and my deposit receipt. On March 1, 2006, I sent my landlord notice that I was moving and gave him a forwarding address. Here are copies of my letter and the envelope. On March 31, 2006, I moved. I waited 14 days. When I didn’t get back my deposit or an itemized statement I sent my landlord a demand letter. Here is a copy of my letter and the receipt showing he received it. Unfortunately, my landlord still hasn’t returned my deposit so I filed this lawsuit. Here is a copy of the Sheriff’s affidavit showing that he served by landlord with my claim more than five days before trial. Under RCW 59.18.280, I feel I am entitled to double the amount of my deposit because my landlord intentionally failed to refund my deposit or provide me with an itemized statement. I also feel I should receive my $10 filing fee and the $25 fee the sheriff charged me to serve Mr. Landlord. I’d be glad to answer any questions you have.

This one is for pre-exisiting damages and Excess charges

Your Honor, on November 3, 2005, I rented an apartment from the defendant, Joe Landlord, and gave him a $300 deposit. Here are copies of my rental agreement, the written check-in list we signed and my deposit receipt. On March 1, 2006, I sent my landlord notice that I was moving and gave him a forwarding address. Here are copies of my letter and the envelope. On March 31, 2006, I moved. A few days later, my landlord sent me a statement saying I would not get any of my deposit back. Here is a copy of the statement. As you can see, my landlord is charging me for a broken window and replacement of the screen door. I am not responsible for the broken window. As my neighbor George Goodbody can explain, a stranger broke the window. Here is a copy of the report I filed with the police. I also feel my landlord is charging me too
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