Security Deposit Landlord kept security deposit & also billed me an outragious move out bill

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teresaw

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I recently moved from my apartment the landlord kept my security deposit and then sent me a bill that she list what she is charging me for that equals almost $700 stating that I owed her and demanding payment.

in March 2013 I was given a 30 day notice to vacate, then i was given a revised 30 day notice to vacate since the first one did not state any issues that i was spouse to of violated and the issues on the second one were made up. Then around the end of April 2013 I received a call from my lawyer that their lawyer called and wanted to see if I would agree to a mutual termination agreement and I agreed to be out on May 31,2013.

The place I lived in was considered a HUD project based housing.

I have lived in this apartment for 2 years & 10 months. When I moved I repainted the whole apartment and cleaned everything. So now i did move and on May 31, 2013 I did a walk through move out check with the manager. when we did the move out inspection she stated on the form - she listed under the move out condition column that in the {living room it needed a full paint, needed carpets shampooed, that the blinds and tracks were a little dusty.} In the Kitchen said the counter tops needed wiped down I said what do you mean they are as clean as they are going to get & it was stated on the move in check side that when i moved in they had stains & old) she didn't say anything but hum.. & SHE LEFT IT LISTED ON THE MOVE OUT CHECK, she said the oven needs cleaned,dirty inside because I missed a small spot about the size of a tennis ball in diameter in the middle of the oven that just needed to be wiped off.{when I moved in I had a very old oven/stove that was so old all the numbers and words were wore off the knobs & oven didn't work right it would just quit working in the middle of using it. But after 2 3/4 years they replaced it with a new one approximately 1 month before I moved out. She said the hood of stove needed wiped & it had a dirty filter. & that there was a couple cigaret ashes outside the door. I told her anyone that walked by could of flicked an ash there or maybe the wind blew some out of the neighbors ashtray cause we just had a wind storm for a couple of days. everything else was marked as OK or N/A. she did not list anything under itemized charges or in the credit summary area.

(when i moved in on the move in inspection form it says for the all walls/ceiling/blinds are OK that they were OK) the walls were not newly painted when I moved in & the carpet was not just shampooed they were listed as in OK condition and the carpet had wear patterns.

Then on June 12, 2013 I receive a outrageous bill in the mail that is addressed to me & my cosigner who was suppose to be removed from my rental application after the 1st year. When I resigned my rental agreement she was not needed or added as a cosigner. The bill listed that I was being charged

general cleaning per schedule of cleaning charges: $157.50
Carpet cleaning: $60.00
Apartment Deodorize: $30.00
A/C Filter $10.00
Estimated Attorney's Fees: $410.54

Total = $668.04
minus Deposit: $150.00
Total Balance Due: $518.04

then states that I have 15 days to make payment arrangements to pay the balance. If we do not hear from you within the 15 days we will assume that you are not going to pay the balance due, and we will forward your account to a collection Agency.


I took pictures of the apartment when I moved like minuets just before we did the move out inspection, & they clearly show the cleanliness of the whole apartment & appliances. so the questions I have is.
1) can they charge for general cleaning for minor things like dust,ashes, & a small spot in the oven?
1a) Do they have to list the things that were cleaned?
2) can they charge you for painting?
3) Can they charge for things not listed on the move out form like the A/C filter or the apartment Deodorize?
4) Can they charge for carpet cleaning?
5) AND the biggie why are they charging me for estimated attorney's fees?
6) Can they also try to get money from my Cosigner who cosigned when I first started renting & was told she would only be a cosigner foe the 1st year, & she was not needed or added & she never signed anything when I signed the new rental agreement after the initial 1 year lease agreement ended.
7) Also I was wondering why the interest of 2.00% was not calculated & added to the initial deposit amount as stated in the rental agreement.

I am wondering what steps can I take to stop them from sending this bill to collections & have my cosigners name removed from this bogus bill because her name should have never been added to begin with. I do not want this to mess up her credit while I fight it.
 
You noted you had a lawyer. Did you talk to your lawyer about this?
 
The key word there was HAD. I was going through the clear line for legal help from Northwest Justice project and I emailed the lawyer that was helping me but after I signed the mutual termination agreement she closed my case. she wrote me back and said I had to go through the clear line process again and to get help from a lawyer to address this new issue since she already closed my case.

SO when I called the clear # to start the process all over again ....GUESS WHAT?? the clear lines are closed & they are not taking any new callers & with very limited $$ there is no other place I can get help with legal issues.

Thank you
 
You can't stop my one from sending a debt to collections. You can dispute the debt in your credit file with a letter sent to each of the three major credit bureaus. If you're sued, you can defend the debt with all of that stuff you wrote, that I didn't bother to read. Or, you can file bankruptcy. With a $500 amount, you might be better off to pay them their tribute and get the monkey off your back.
 
On the bill it states I only have 15 days to respond to the bill before they assume I am not going to pay it & they send it to A collection agency.
I was wondering if anyone knows what step to take next so I do not get stuck with this B.S. bill.

Also I was wondering if anyone has the answer or any insight to these questions below?

1) So even though my cosigner who never lived there and was no longer on the rental agreement, the apartment complex can add my excosigners name to the move-out/cleaning bill even though excosigner had nothing to do with the rental for at least 1 3/4 years & was no longer legaly responsible?

2) If I am fighting the charges on the bill can they still send the bill to collections?

3) Should I write them A letter back stating that I am fighting the charges on the final move-out bill?

4) Does the appartment complex have to list what general cleaning things that they are charging me for like example (cleaning of dust,ashes,oven,microwave, floors, that have been already been cleaned except for normal wear & tear) ?

5) Do they have to list the things that were cleaned?

6) Can they charge me for Estimated Attorney's Fees when there was no court involved and no judgement against me & nothing stated in the mutual termination agreement that I would pay them for there attourney fees?

7) Can they charge for things not listed on the move out form like the A/C filter or the apartment Deodorize?

8) Also I was wondering why the interest of 2.00% was not calculated & added to the initial deposit amount as stated in the rental agreement.

9) can they charge you for painting?

10) Can they charge for carpet cleaning?

I have found out this info so far just need some help in what I should put in the response letter and where i have to go to fight them on it?
Any help would be GREATLY APPRECIATED Thank you.

Sincerely Teresa

A landlord can deduct money from a security deposit to pay for cleaning the property after a tenant's departure, but only to make the unit as clean as it was when that tenant moved in. The landlord cannot deduct for routine cleaning to prepare the unit for the next tenant. These types of cleaning expenses are different than repair or replacement costs, and they cannot be deducted from a security deposit.
Cleaning. This includes costs of cleaning of the premises, carpets, curtains, and appliances, but only to the extent this cleaning encompasses more than normal wear and tear. Remember: a landlord can deduct for cleaning costs only if the tenant left the premises noticeably dirtier that when he or she moved in. The tenant cannot be charged for cleaning carpets, drapes, walls, or windows in preparation for the next tenant. There is space in the chart for you to itemize cleaning costs (e.g., for curtains or carpets), but this may not apply in every case.
Painting. The amount spent by the landlord to repaint the premises. Generally, landlords cannot deduct for normal wear and tear resulting from a tenant's ordinary use of the property. For example, if a tenant installs a fan that damages the wall when it is removed, the landlord can deduct the cost of painting and repairing that wall from the security deposit. However, if a wall is discolored because of smoke from a stove used in the ordinary course of the tenant's residency, the tenant should not be charged.

Security deposits are not the same as rent. A security deposit is money that actually belongs to the tenant, but is held by the landlord in case of tenant-caused damage to rental property (and sometimes past-due rent). Unless both parties agree, a security deposit can't be used as the last month's rent.
WASHINGTON STATE IS ONE OF THESE STATS that regulates that a landlord must pay interest on security deposits. The rate of this interest varies from state to state, but is often between from 2% and 5%. A landlord that deliberately doesn't pay this required interest within the required time period may be fined.
 
Read your lease that you originally signed. That should delineate and reveal these charges.

Most leases require the tenant to pay attorney's fees in certain instances, moreover for matters that end up in court, assuming the tenant fails to prevail.

I suggest you read every word contained within your lease, as well as any addendum added thereto.

Again I caution you to consider $500 versus $1,000, $2,000, or more; in the likely event that you don't prevail.

It's often better to negotiate or settle than to end up in a courtroom.
 
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Since you never went to court it seems the attorney fees are a stretch. Consider paying the other fees minus your deposit. Indicate on the check that you send that the amount is for settlement of the debt in full. If they deposit your check then you may be of the hook for anything else they wish to claim.
Your are not obligated to pay anything at all unless ordered to by a court. If they think you are unlikely to pay they may think twice about pursuing you to obtain a judgment they know they won't collect on.
Sending them a check for roughly $110 may be the cheapest way out if you do it correctly.
 
I have read my initial lease agreement quite well and highlighted any key things that might be problematic. I do appreciate the caution about weighing the amount that I could end up paying but I am sure if it ever was to go to court that with all the proof I have they would not win.

Not only that I am sure I can win at this point it is personal not only to me but to a lot of other tenants they do this to. Almost everyone that moves from this apartment complex are billed an outrageous bill here are a few examples of how much they were billed a month ago another tenant was bill a closing bill for $5000 and another one bill was $1400, another was $3500 another $1257, $4698 and so on. these people do not leave there house filthy or leave a bunch of crap in the apartments. they are elderly and some disabled to & they do not know they can or how to fight the bill so either they scrounge the money & do without things they need like medicine or food to pay it so it does not go to collections and there credit ruined. so yes if I have to fight it in court I will do it with pride & will continue to fight for what is right. because it know one stands up for our elderly/disabled/low income who will & even if you was not elderly/disabled/low income being taken advantage of like this is not right.

I do greatly appreciate all the help you have provided & look forward to talking with you again.

Sincerely Teresa
 
As I just wrote to army judge at this point it is personal to me because I know what there doing is wrong. I just had to dig a little more to make sure what is legal and what may be a gray area so I can use it to my advantage.

I am drafting A letter today and sending it out to dispute the move out billing charges. I did find out that they can not add a persons name to a bill when that person is no longer on the lease agreement. because after my initial lease agreement time was up. I was given a new month to month rental agreement to sign and she was not needed.

I do greatly appreciate all the help you have provided & look forward to talking with you again.

Sincerely Teresa
 
Well I sent out a certified letter to the apartment complex manager stating that the things she is charging me for is not correct or legal & a demand for evidence of the reasonable cost of cleaning and a demand for my deposit returned within 10 days.

I sent the letter out well within the 15 day limit but just yesterday I get my certified letter back saying that there is no such address. So I showed the post office the letters that were sent to me from her & that exact address I put on the certified letter to her & they said they would resend it out to them.

Is there anything I should do to stop them from sending the initial bill to collections since there 15 day time frame is up now & they haven't signed for my response letter yet?
 
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