Tenant Law in WA - Damage Claims against Security Deposit (Seattle: hardwood floor, apartment)

[aeroz]

I will be moving out of my apartment in downtown Seattle in February. Here's my fear: I've never lived in a hardwood-floor place before and don't know what to expect here. I've made two gouges in the hardwood floor and have no idea what it would cost to fix it. Can anyone tell me how much it might cost? There is a total of 200 square feet of hardwood floors.

My deposits:
$250 non-refundable fee
$250 refundable security deposit
$300 non-refundable pet fee
$300 refundable pet deposit

The damages:
- 2 gouges in the hardwood floor - I did it
- chipped paint (the walls are 2 mm thick and beneath that there is just steel) - I did it
- claw marks in the paint made by my cat
- a vertical tile in the bathroom (3" x 3") coming loose from the wall - I consider this normal wear and tear because the moisture in the bathroom caused it
- an area in one wall where the steel is showing because the 2mm thick wall was chipped off in that spot - I did it

The damages my cat caused, in my opinion, can all be fixed with spackle and paint and should not exceed $60. Therefore I expect to receive all of my $300 pet deposit back.

The damage I caused by gouging the wood floor in two places, however, may or may not exceed the $250 non-refundable fee. I have no idea. What should it cost?

I will be taking pictures of all damages prior to moving out.

[pw72]

As a former landlord, there is some good news and bad news..

Most leases will include "damage above and beyond", meaning that damage caused above the deposit amount will be the responsibility of the lessee.

The good news is the lessor will need to prove the case, and you can easily challenge that. Many times, the lessor will not go to the trouble, and just charge you the deposit amount. Good idea to take pictures and keep careful records. Good luck!

[msingh]

Please note that the Landlord has 14 days to either return your full deposit or give a written explanation as to why he is not returning the deposit (i.e. deduction for damages, etc.).

Let us know how it goes,


mod cut:

[jessicazi]

I moved out of my place November 22nd and still have not received my deposit back. Do I have any recourse?

[Count David]

We moved into a place in WA at the end of May, and were out at the beginning of September.

We put up a $600 deposit.

I received a letter from the landlord well over a month (in October) after moving out, thinking it was my deposit, but instead it was a letter with a detail of charges, and a bill for $61.67, which was for his "expenses" over my deposit, along with a vile threat of him saying I needed to buy him a new oven.

It's now December and I haven't heard about the oven I'm supposed to buy him (the darn thing was at least 40 years old). But, I sent him his $61.

In nearly every rental situation I've been in, I've never seen the deposit again, but I presume that some would see that as my fault. Now, I just see the deposit as "gambling money" that I will never see again. There's always a "reason" for them to not return it.

[secret_squirrel]

Tenants Union of Washington State

The above site is the best resource for renters regarding rights and WA law.

According to RCW 59.18.280, a landlord must provide an itemized bill/accounting for unit damage withing 15 days of the tenant vacating, or they forfeit all rights to the deposit and thus, by law, must refund the balance. Actually getting it may require a trip to small claims court.

Whenever you move out of a rental, time-stamped photographs of the condition you left the unit is a MUST.

[jessicazi]

Yeah, looks like court is the only recourse.

[Ultrarunner]

Here's a link to a sample letter...

Tenants Union of Washington State: Request for Deposit Return

[aeroz]

How much would it cost for the apartment to have their maintenance guy do touch up paint on half the walls in my apartment (some areas involving a little spackle)? The apartment is 375 sq ft.

Do they charge for just supplies, or supplies and labor, when doing touchup paint work? The maintenance guy is on salary I believe, and would be working that day regardless of my situation. He's here every day I believe; he's the general apartment maintenance guy and he is completely qualified to do anything required to fix the apartment; he just came in a few days ago and fixed the sagging wall problem, which he said was not my fault and I wouldn't be charged (of course not, it's a sagging wall).

At what point would he "have to" sand down parts of the walls, re-do the drywall, then paint? And how much does this generally cost?

Yes I will be taking time-stamped pictures of everything when I move.

[wannabeaTexan]

You can always ask them before they move out. Some places have a list of damages & what they charge to repair. I'm assuming since they have a maintenance guy, you don't have a landlord who just owns a fourplex or something like that. You sound pretty reasonable...taking responsibility for damage you know you did.

In my experience, they always charge more if they have to fix it than if you fix it yourself. I've had places charge $4 for replacing a light bulb, for instance. I don't recall if you said how long you've lived in the apartment, but if it's been a year or longer, they probably won't gouge you for the paint if you don't have anything major wrong.