ShaneHunter
New Member
Hi there, this is my very first post on this site, and here is my issue:
My wife and I have been living in the same half duplex for 2 years, and 2 months. In February, at the cessation of our lease agreement, we moved out. Over the time of living there, we have been excellent tenants, adding a $350 dishwasher, as well as a 120sqft storage space addition. Upon move out, we thoroughly cleaned and repaired any damages caused by our pets (2 dogs, lawn outside was reseeded etc). We paid a deposit of $900. We were refunded $211.91. One deduction went to Water/Sewer/Gas, which is not in dispute. We were going to pay that with our damage deposit money anyways. That deduction was for $232.91.
The second deduction (keep in mind for wear and tear purposes) was for $455.18 with the description: "Home to be painted" under 'deduction for the damage and/or lack of cleaning (insert detailed description)'.
The unit we rented was 900 sq ft of living space.
Issue 1:
In Washington state, a landlord has 14 days to have returned either a check, or description of damages/fixes or both. Our move out date was the 1st of the month, we continued cleaning and repairing on the 2nd, but were completely gone as of that day. The letter with a partial deposit came in the mail on the 18th, and was postmarked the 17th of February.
Thoughts on Issue 1:
Upon research I have found that if a landlord is found intentionally not sending a deposit within the 14 days, the tenant can be awarded double the amount of the deposit. BIG ISSUE: The check, was written by the landlord, the DATE on the check is as follows: ___/___/09. She intentionally filled in the year, but without the actual date. Is this sufficient cause for this arguement?
Issue #2:
On the detailed bill for painting (of a 900 sq ft. half duplex) the following is written:
Paint walls and match as best as possible.
4 gallons @ 29.99 each - $119.96
Labor @ 26 hours - $300.00
Tax - $36.12
Total - $455.18
I've been a contractor, and skilled laborer since I was 13 years old (28 now), and never before have I seen such a ridiculous number for painting 900 sq. ft. This peaked my curiosity, and erked suspicion.
Thoughts on issue 2:
Shouldn't this cost be pro-rated, at least some? After 2 years and 2 months? The paint job was not high quality in the slightest when we moved in - which in my research, I have found can only then be pro-rated about 2 years. Well, we were there PAST 2 years... hmmm..
At any rate, today, out of anger, and suspicion I went by the old house, looked in the windows, and what did I see?
The house has NOT been painted, not one single brush stroke, I know this because I had the paint matched from behind the refrigerator (so it would be less faded), filled in all nail holes, and painted over the putty. Well, the paint did not completely match, but was definitely the same tone, just newer and cleaner. When I looked in through the windows, I could still see exactly where I had filled and painted, with no effort to cover.
I also noted someone is now living in this house. I am tempted to offer them $20 to let me enter with a video camera, and a newspaper (for showing the date) and show the lack of fresh paint job.
We're going to small claims court. As I've tried to reason with her over the phone, and she just ended up yelling saying there were "other damages", when I asked why those weren't itemized, she became more angry. I sent her a certified letter today, with return receipt letting her know she needs to pay the remainder as well as now filing fees, as we have already filed a claim.
The letter reads:
Two days ago, I received your itemized statement explaining why you were withholding $455.18 of my deposit. In reviewing your statement, I noticed you were charging me to repaint the entire unit. After consulting legal advice, it has come to my attention that these charges violate a few points of law under the landlord tenant act.
After my husband spoke with you on the phone, you clearly stated an unwillingness to return my deposit, though requested by law. As a direct result of your actions, we have had no choice but to file suit with the Snohomish County District Court.
Should you desire to return my deposit, as well as payment of applicable filing fees already incurred due to this situation, before arbitration, or further legal steps begin, feel free to contact my husband
Some additional notes to contemplate with this case:
I have an email saying:
The water/sewer/garbage is in both of our names. If you do not pay it reverts back to me, and a lien can be attached to the property. That is why I don't return the deposits until I verify that the w/s/g has been paid. They would not go after Ericka for it they would go after me as the owner.
*name edit* did say the place needs to be painted and that was the only thing he noted and that will be on the paper I send you with your returned deposit less paint and city of Marysville bill.
I will call PUD on Monday.
Thanks for being such great renters. We'll miss you.
this email is from the landlord after our move-out, but before receiving the deposit.
i have pictures showing the walls, after our walkthrough. I took them after he said it would be the only thing needed.
On another side note (sorry this is so detailed), the company that made the invoice belongs to the landlord (or at least her husband). They are unregistered with the state, and thus operating illegally (apparently on more than one front)
All things considered here, the fraudulent invoice, blatant lying about painting, being outside the date with the postmark, and the non pro-rated/normal wear and tear issue, as well as anything else I may have stated, how should I approach this case? I need immediate help, as this will be proceeding quickly.
My wife and I have been living in the same half duplex for 2 years, and 2 months. In February, at the cessation of our lease agreement, we moved out. Over the time of living there, we have been excellent tenants, adding a $350 dishwasher, as well as a 120sqft storage space addition. Upon move out, we thoroughly cleaned and repaired any damages caused by our pets (2 dogs, lawn outside was reseeded etc). We paid a deposit of $900. We were refunded $211.91. One deduction went to Water/Sewer/Gas, which is not in dispute. We were going to pay that with our damage deposit money anyways. That deduction was for $232.91.
The second deduction (keep in mind for wear and tear purposes) was for $455.18 with the description: "Home to be painted" under 'deduction for the damage and/or lack of cleaning (insert detailed description)'.
The unit we rented was 900 sq ft of living space.
Issue 1:
In Washington state, a landlord has 14 days to have returned either a check, or description of damages/fixes or both. Our move out date was the 1st of the month, we continued cleaning and repairing on the 2nd, but were completely gone as of that day. The letter with a partial deposit came in the mail on the 18th, and was postmarked the 17th of February.
Thoughts on Issue 1:
Upon research I have found that if a landlord is found intentionally not sending a deposit within the 14 days, the tenant can be awarded double the amount of the deposit. BIG ISSUE: The check, was written by the landlord, the DATE on the check is as follows: ___/___/09. She intentionally filled in the year, but without the actual date. Is this sufficient cause for this arguement?
Issue #2:
On the detailed bill for painting (of a 900 sq ft. half duplex) the following is written:
Paint walls and match as best as possible.
4 gallons @ 29.99 each - $119.96
Labor @ 26 hours - $300.00
Tax - $36.12
Total - $455.18
I've been a contractor, and skilled laborer since I was 13 years old (28 now), and never before have I seen such a ridiculous number for painting 900 sq. ft. This peaked my curiosity, and erked suspicion.
Thoughts on issue 2:
Shouldn't this cost be pro-rated, at least some? After 2 years and 2 months? The paint job was not high quality in the slightest when we moved in - which in my research, I have found can only then be pro-rated about 2 years. Well, we were there PAST 2 years... hmmm..
At any rate, today, out of anger, and suspicion I went by the old house, looked in the windows, and what did I see?
The house has NOT been painted, not one single brush stroke, I know this because I had the paint matched from behind the refrigerator (so it would be less faded), filled in all nail holes, and painted over the putty. Well, the paint did not completely match, but was definitely the same tone, just newer and cleaner. When I looked in through the windows, I could still see exactly where I had filled and painted, with no effort to cover.
I also noted someone is now living in this house. I am tempted to offer them $20 to let me enter with a video camera, and a newspaper (for showing the date) and show the lack of fresh paint job.
We're going to small claims court. As I've tried to reason with her over the phone, and she just ended up yelling saying there were "other damages", when I asked why those weren't itemized, she became more angry. I sent her a certified letter today, with return receipt letting her know she needs to pay the remainder as well as now filing fees, as we have already filed a claim.
The letter reads:
Two days ago, I received your itemized statement explaining why you were withholding $455.18 of my deposit. In reviewing your statement, I noticed you were charging me to repaint the entire unit. After consulting legal advice, it has come to my attention that these charges violate a few points of law under the landlord tenant act.
After my husband spoke with you on the phone, you clearly stated an unwillingness to return my deposit, though requested by law. As a direct result of your actions, we have had no choice but to file suit with the Snohomish County District Court.
Should you desire to return my deposit, as well as payment of applicable filing fees already incurred due to this situation, before arbitration, or further legal steps begin, feel free to contact my husband
Some additional notes to contemplate with this case:
I have an email saying:
The water/sewer/garbage is in both of our names. If you do not pay it reverts back to me, and a lien can be attached to the property. That is why I don't return the deposits until I verify that the w/s/g has been paid. They would not go after Ericka for it they would go after me as the owner.
*name edit* did say the place needs to be painted and that was the only thing he noted and that will be on the paper I send you with your returned deposit less paint and city of Marysville bill.
I will call PUD on Monday.
Thanks for being such great renters. We'll miss you.
this email is from the landlord after our move-out, but before receiving the deposit.
i have pictures showing the walls, after our walkthrough. I took them after he said it would be the only thing needed.
On another side note (sorry this is so detailed), the company that made the invoice belongs to the landlord (or at least her husband). They are unregistered with the state, and thus operating illegally (apparently on more than one front)
All things considered here, the fraudulent invoice, blatant lying about painting, being outside the date with the postmark, and the non pro-rated/normal wear and tear issue, as well as anything else I may have stated, how should I approach this case? I need immediate help, as this will be proceeding quickly.
