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I am a landlord in WA state. I recently had a tenant move out after a 1 year lease (his choice). We did the initial walkthrough when he moved in and also did another walkthrough when he moved out. After I did the move out walkthrough with him, when I went back to the apt a day or so later to the apt to get it ready to rent again, the odor of cigarette smell about knocked you over when you entered the apt. We have a "NO Smoking" policy in the units stated in the lease, but the apts have balconies and they could smoke there. I did not note this on the move out walkthrough as I did not notice it then. My question is, we ended up charging the tenant for repainting to get the smell out (which was not noted in the walkthrough move out), sent him the rest of his security deposit as well as an itemized deduction sheet within the required 14 days. The tenant is now saying he is going to sue us for the painting charge b/c the smell was not listed on the move out sheet. It was my understanding that I had 14 days to find anything (which there were other things we could have charged for but didn't), send him an itemized sheet and his deposit back. Help!!
Folks that threaten lawsuits rarely actually file the suit. Their threatening actions is trying to get you to bend.
Most folks the file lawsuits don't perform this threatening action....but instead file the suit.
If he files, you then go to court and prove your case.
There are things that can be missed at a walkthrough. This is why you are given the number of days to find the things when someone is not standing over your shoulder and when there is no furniture and such that is in the way. He could have had food or other smells going on where smoke was not noticed.
Also, he has already cashed the check we sent him for his remaining deposit. by cashing the check, doesn't that constitute as agreement to the charges? Additionally, he has not send us a formal letter, has only threatened to sue via a phone call.
Also, he has already cashed the check we sent him for his remaining deposit. by cashing the check, doesn't that constitute as agreement to the charges? Additionally, he has not send us a formal letter, has only threatened to sue via a phone call.
no cashing teh check doesn't consitute that. If you wrote something to the effect on the bottom of the check it might, but he could have just crossed it out. He can sue whenever he wants, you just have to wait and see if he does or not. He probably had air fresheners.
I guess the real question I have is....was I within my legal rights as a LL to impose the the deduction since I did so within the 14 day window accompanied by the itemized deduction sheet?
Most people don't sue once they find out how much work it is and all of the papers you have to file...and then you actually have to show up for a court date, and then if you win, you have to get the landlord to pay somehow. Very difficult if the landlord is uncooperative.
That doesn't mean he won't try to sue you. I would document everything and keep every communication you give/receive from your tenant, so that if he does you can prove your case to the judge. You had to paint to remove the smoke smells; since in the lease it specified no smoking, the tenant has caused damage to the property that you need to fix. Same if it specified no pets and you found pet hair and urine all over the carpet...the tenant would be liable for carpet cleaning.
Him cashing the check doesn't necessarily indicate acceptance and he can still dispute the charges, but a judge could go either way. When I sued my landlord I didn't cash the check because I kept asking the landlord to just refund the full deposit in order to end the lawsuit, and I didn't want to take any chances of losing my case.
I belive that RCW 59.18.280 gives you the right to make a claim against the security deposit (or amounts not covered by security deposit) for all legitimate expenses. It does nto say only those noted on the walk through inspection.
Now, the real question is: How do you prove the odor existed since you already did a walkthough and didn;t note the odor?
Typically if a walkthough is done and damages are discopvered after the fact, my PMC either produces a on the spot photographic/video record or obtaines a independedent withness statement to the facts especially when the damages can't be seen in the pictures.
Although it's unlikely that they will sue, in the event they do, you will want to avoid a He Said - She Said situation because you never know which way the judge will go. A judge faced with two credible people may use the walkthrough inspection sheet as the deciding factor.
Well I did have 2 people walkthrough the apt to look at it BEFORE we painted and both of them are now tenants of mine and both commented on the cigarette smell and asked would we take care of it before move in.
Well I did have 2 people walkthrough the apt to look at it BEFORE we painted and both of them are now tenants of mine and both commented on the cigarette smell and asked would we take care of it before move in.
Will they appear as wihtnesses for you? If not, what they say really doesn't matter. If they will appear, hopefully they didn't receive no concessions as the former tenant can claim it as an inducement to testify. Odds are these won;t happen, but these are the things you must always rememebr as a landlord so try and document as much as possible as it happens to avoid having to try and recreate things.
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