Apartment damage fee (Seattle: rental, attorney, tenants)

[msswn]

Hi,

I live in Washington state and recently moved out of an apartment. Today I received a bill totaling 1246.00 for damages. I contacted the office and was told $1071.00 was to replace the entire carpet and I was only charged half the cost. The remaining 175.00 was for cleaning.

What are my rights legally?

Thanks!

[jinj]

Did you damage the carpet, or just add wear and tear over your time there?

[msswn]

I would say normal wear and tear. There were stains for drinks etc mainly caused by normal use and 3 kids.

[allforcats]

Here's the Tenants Union of Washington State, who will work with you to provide you with the information and advice you need:
Tenants Union of Washington State
Their hotline is: 206-723-0500. The Seattle Tenants Union has the same hotline number.

[Ultrarunner]

Originally Posted by msswn

I would say normal wear and tear. There were stains for drinks etc mainly caused by normal use and 3 kids.

Sounds like you are being treated fairly... stains that cannot be removed are considered damaged. Carpet that is worn from traffic is not damage.

If $1071.00 was the cost to replace the entire carpet and you were only charged half the cost... it appears you were overcharged. I would make a written request for the balance.

[sean98125]

You could probably make a case to pay for part of the replacement if the carpet wasn't brand new when you moved in. If the carpet was already 10 years old when you moved in and it has an expected life expectancy of 15 years then you should only be liable for the cost of lost use rather than the full replacement cost.

[jamesandveybe]

You did not say how low you had lived there. Ten years with the same tenant in the unit is generally enough for a landlord to claim the need for replacement, and no they don't have to prove it. So even if you took immaculate care of the carpet, it doesn't really matter.

If you had been there less than ten years, it is a judgement call as to whether you were the one who made the majority of wear and tear on the carpets, and you could challenge that if, ONLY if, you took photos of the carpets before you moved in to show existing wear and tear.

Your rental agreement should spell out these expenses, but may not, in which case it's up to you to decide if it's worth an attorney to get half of your money back. $500 won't get any attorney excited, so you may decide to to suck it up and move on.

If they are claiming you are only responsible for half of the carpet wear and tear, then maybe their reason is valid and you should just walk away... unless you lived there only for a short time!

[AzDreamer]

Normal wear and tear does not include stains from drinks. If the stains can't be removed then the carpet is shot.

[jamesandveybe]

Agreed. Stains are damage, not normal wear and tear. Best to walk away.

[bigtrees]

I agree, I don't consider stains to be normal wear and tear.