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So we were living in Washington when my husband was in the Army, we were renting a house.
We paid $1200 Security and $850 Pet fee (when we were originally told it was supposed to be a deposit towards damages but I'll get to that later)
When we moved out we knew we would have to replace the carpet in the master bedroom, one of my dogs (has since passed) was 15 years old and honestly just couldn't hold it through the night and had accidents. We did our best to keep it clean but we knew we would have to replace that carpet.
I honestly wasn't expecting any of my security back because I figured they would nickle and dime us to keep it. I didn't really mind it at that point....
Okay so now onto the "fun" stuff,
We moved out 12-18 but they couldn't do the final walk through until 12-19.
*Flash forward*
We received the itemized bill about a week ago, post marked 1-3-2015 (15 days from the walk through).
I was livid to receive this bill, they took our whole deposit and then were asking us to send another $800. They also included a receipt for replacing carpets, then an estimate for cleaning and doing an expensive urine treatment, and then a huge bill for lawn care.
I do realize that I am responsible for some of the damages, but I feel like they are double dipping quite a bit and before I go to my attorney and waste a bunch of money I want to know what others think....
1. When we moved in the carpet in the living room needed replaced (we have photos), it had holes and big red stains through out and you could just tell it was older. Well they sent us a bill for ripping up that carpet and replacing the pad and then putting back down the old ratty carpet on top.
We didn't cause any new staining to the carpet, other than possibly a drink spilled once (which we cleaned up) there wasn't anything we did to that carpet that could have possibly even began to hurt the pad.
Can they charge me for this when the carpet obviously needed replaced before we moved in? I feel like they're going to have to prove that WE did something to cause it and with how crappy the carpet was I don't think they can....
2. They're charging us $17 per sq/foot carpet in the master bedroom, I know it did need replaced but it just feels like a lot especially since the carpet looked older when we moved in and not a high quality carpet. This one I think we just have to suck it up and take it but I'm just wondering if that seems like a lot.
3. When I had asked them about why it was so much they actually replied saying that the "bill" was actually just a high end estimate as some of the repairs were not completed yet. (which totally made me mad on its own since it says nothing like that on the bill, it just says please send $800). So the carpet in the master bedroom was replaced, the estimate for carpet cleaning includes a $500 fee for "urine treatments" which all would have been in that same room. Can they charge me for this exotically expensive carpet treatment even tho they knew they'd have to replace the carpet?
4. Then I have an estimate for $250 for lawn care. The lawn did need mowed but it was in the same shape when we moved in. I totally would understand them charging for mowing but $250 to mow the grass is OUTRAGEOUS!! The yard wasn't very big at all and it was in the same shape as when we moved in. Actually better shape because when we moved in there were weeds growing up the sides of the house and the flower beds were giant 2 foot deep holes and the fence line was covered in tall grass, which we fixed all of that.
5. Pet fee..... When we moved in it was explained to us (verbally) that it was a deposit that would cover damages caused by the pets. I didn't pay any attention when I signed the lease (huge mistake I know) and it has different wording in different places. One says fee the other says deposit. Both say non refundable but the one implies that it will go to damages. So I'm not sure what to think but I'm pretty sure that "fee/deposit" is just going to disappear due to me being a dummy....
Sorry that was so long. In Washington they only have 14 days to send us the letter so I do realize they were in a rush but I feel like this really isn't fair at all and they are out for blood here....I also should mention that the letter didn't get sent until the 15th day so according to washington state law I could go after them for the whole deposit back but I just want to be fair. I am totally fine with paying what I actually owe but I feel like they're trying to take complete advantage of the fact that my husband and I are young and we had to up and move across the country due to the military.
I feel like they think I'm not going to fight back. I have been trying to email back and forth getting more information and trying to work with them but I keep getting short answers back. The reply I just go back was finally admitting that the work hasn't even been done yet. Which is another thing. We told them we were moving out in mid dec but we were still responsible for jan rent but they told us they would try to rent it and they'd give us back our money if they found a tenant. We actually found a tenant for them but it looks like they're dragging their feet to get the house ready....
So we were living in Washington when my husband was in the Army, we were renting a house.
We paid $1200 Security and $850 Pet fee (when we were originally told it was supposed to be a deposit towards damages but I'll get to that later)
When we moved out we knew we would have to replace the carpet in the master bedroom, one of my dogs (has since passed) was 15 years old and honestly just couldn't hold it through the night and had accidents. We did our best to keep it clean but we knew we would have to replace that carpet.
I honestly wasn't expecting any of my security back because I figured they would nickle and dime us to keep it. I didn't really mind it at that point....
Okay so now onto the "fun" stuff,
We moved out 12-18 but they couldn't do the final walk through until 12-19.
*Flash forward*
We received the itemized bill about a week ago, post marked 1-3-2015 (15 days from the walk through).
I was livid to receive this bill, they took our whole deposit and then were asking us to send another $800. They also included a receipt for replacing carpets, then an estimate for cleaning and doing an expensive urine treatment, and then a huge bill for lawn care.
I do realize that I am responsible for some of the damages, but I feel like they are double dipping quite a bit and before I go to my attorney and waste a bunch of money I want to know what others think....
1. When we moved in the carpet in the living room needed replaced (we have photos), it had holes and big red stains through out and you could just tell it was older. Well they sent us a bill for ripping up that carpet and replacing the pad and then putting back down the old ratty carpet on top.
We didn't cause any new staining to the carpet, other than possibly a drink spilled once (which we cleaned up) there wasn't anything we did to that carpet that could have possibly even began to hurt the pad.
Can they charge me for this when the carpet obviously needed replaced before we moved in? I feel like they're going to have to prove that WE did something to cause it and with how crappy the carpet was I don't think they can....
2. They're charging us $17 per sq/foot carpet in the master bedroom, I know it did need replaced but it just feels like a lot especially since the carpet looked older when we moved in and not a high quality carpet. This one I think we just have to suck it up and take it but I'm just wondering if that seems like a lot.
$17 PER SQ FOOT? That CANT be right. If it's true that's really crazy price. That's not only unreasonable it's absurd
3. When I had asked them about why it was so much they actually replied saying that the "bill" was actually just a high end estimate as some of the repairs were not completed yet. (which totally made me mad on its own since it says nothing like that on the bill, it just says please send $800). So the carpet in the master bedroom was replaced, the estimate for carpet cleaning includes a $500 fee for "urine treatments" which all would have been in that same room. Can they charge me for this exotically expensive carpet treatment even tho they knew they'd have to replace the carpet?
If the carpet was upstairs the treatment could be for treating the subfloor which if it's wood and it's soaked in urine it can be a issue. So it may be justifiable
4. Then I have an estimate for $250 for lawn care. The lawn did need mowed but it was in the same shape when we moved in. I totally would understand them charging for mowing but $250 to mow the grass is OUTRAGEOUS!! The yard wasn't very big at all and it was in the same shape as when we moved in. Actually better shape because when we moved in there were weeds growing up the sides of the house and the flower beds were giant 2 foot deep holes and the fence line was covered in tall grass, which we fixed all of that.
You can fight this one. The LL is allowed to do their own work but the charges must be reasonable. So no $250 charge for mowing lawn when a gardener will do it for $45
5. Pet fee..... When we moved in it was explained to us (verbally) that it was a deposit that would cover damages caused by the pets. I didn't pay any attention when I signed the lease (huge mistake I know) and it has different wording in different places. One says fee the other says deposit. Both say non refundable but the one implies that it will go to damages. So I'm not sure what to think but I'm pretty sure that "fee/deposit" is just going to disappear due to me being a dummy....
The lease should state what deposit is for what. If the pet deposit doesn't cover the pet damage your security deposit covers pet damages. If that's still not enough you have to come up with money.
Sorry that was so long. In Washington they only have 14 days to send us the letter so I do realize they were in a rush but I feel like this really isn't fair at all and they are out for blood here....I also should mention that the letter didn't get sent until the 15th day so according to washington state law I could go after them for the whole deposit back but I just want to be fair. I am totally fine with paying what I actually owe but I feel like they're trying to take complete advantage of the fact that my husband and I are young and we had to up and move across the country due to the military.
If they did not follow state law to the extent allowed then you should send a letter quoting the correct readin why you demand a full refund. You can also speak to base legal/JAG.
I feel like they think I'm not going to fight back. I have been trying to email back and forth getting more information and trying to work with them but I keep getting short answers back. The reply I just go back was finally admitting that the work hasn't even been done yet. Which is another thing. We told them we were moving out in mid dec but we were still responsible for jan rent but they told us they would try to rent it and they'd give us back our money if they found a tenant. We actually found a tenant for them but it looks like they're dragging their feet to get the house ready....
Sounds like the LL is looking to keep your full deposit. Now I'm not saying you're not at fault for damages. You are, but it sounds like they just want to use your deposit. And if the work was not completed then all they got was estimates. And high ones at that.
Carpet has a expected life. So if the carpet is 7-8 years old there may be little to no life expectancy. (For ease of understanding and accounting) Say the new carpet has a 10 year life and cost 1000 bucks when new . And it's 7 years old when you moved in. Each year that passes from the carpet being new it loses 10% of its "worth". You stayed for 2 years. The carpet has now a 10% residual value.
You should only be charged for the 10% leftover " value" the other 90% was deducted on their taxes as depreciation over the time period. They can't charge you for full value replacement.
I would seriously have a talk with base legal. They can help you.
They took your security deposit of 1200. plus pet deposit of 850. and asking anther 800., a total of 2850. ?
The life of a carpet is generally estimated at 7yrs on rentals. Depending on the age at move in, a normal wear and tear deduction, an LL uses a formula for calculating tenant cost for security deposit deductions. You do have photos from move-in, helpful in showing possible overcharges for the living room replacement.
As for bedroom, LL needs to be more specific about the treatment. Very possibly, subflooring in the bedroom after carpet removal. Perhaps carpet cleaning done on another room?
Send a registered letter to the Landlord, asking for specifics, questioning charges and calculations before sending more money. If the two of you can't come to a resolution, small claims court your other option.
Don't waste money on an attorney, and don't waste your time and stress on trying to figure out what's fair and what isn't. Just file in small claims court and trust the judge.
File for your security deposit plus the extra they're charging you, and in the filing docs say "and any additional punitive damages the court deems appropriate along with court fees."
If you win you'll get back your court charges.
In court just tell the judge you're willing to pay what's fair, but you think the landlord is trying to rip you off, and you will just trust the judge. Then shut up.
Give the judge (usually via the court clerk or bailiff) a copy of your lease and any receipts for deposit, and any communications between you. It would be good to also include a copy of the state law re: landlord tenants and security deposit, in case it's a judge who specializes in another area of law and may not know landlord-tenant law that well (small claims judges are often lawyers who do it part-time, and may practice a different area of law usually).
Seriously, just file in court and trust the judge. If your filing prompts the landlord to attempt to settle something you agree with out of court, good for you. But get that in writing, if that happens.
(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.
(B) Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with section 5321.05of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division (C) of this section.(C) If the landlord fails to comply with division (B) of this section, the tenant may recover the property and money due him, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees.
Many tenants when they call us say their dogs are old and very well behaved and asking for lower or none pet fee since they are not puppies. The OP stated it well. older dogs have just as humans issues holding it up and have more accidents but that is one thing.
The odor of pee or a number 2 depending on the shape. Sorry for the graphic description, can cause more issues to a room and it also depends how long the stains have been there.
The LL may very well be try to take advantage but the OP but just not mowing shows they didn't leave the place in very well condition since that was the least they could have done and having been many times in this situation I can imagine the situation but of course don't know if it is like we have seen many times before.
The last one who told us their dog had some accidents in one room, caused us to replace the entire carpet after they moved out since the other rooms had furniture placed over the stains and the what was called professional cleaning was more like throwing buckets of water over the carpet since it was more like a swamp than carpet cleaning.
On top of that red spots usually are kool aid spills that won't come out.
But if the tenant/OP has time and date stamped pictures and the LL has no proof on their side than the tenant should have an easy case in court to get the amount lower. BUT if the LL has proof than the tenant can even be looking at paying all court cost and in some cases a higher judgment so it will be weighing your options.
Getting a judgment in court will be seen on your credit report unless you pay it off so think wisely what your best option is and keep in mind both sides will probably think they are right but a judge may throw in something you won't expect and it is t like the judge shows on tv although they can be helpful to learn a little bit about what is reasonable.
In Florida a LL has 15 days to pay the security deposit back in full but 30 days if there are deductions. I'm not familiar with Washington State laws.
Keep in mind that the LL may have pictures too of items you may not like if a judge confronts you with them as I even took a piece of the carpet with me to court and the tenant claimed it wasn't the carpet from the house but I had images of it being cut out and proof of an invoice showing the price of replacement and old carpet invoice.
I had a good time in court with that case seeing the faces of the tenants was priceless but some things can be very different and a LL has to be prepared as well. On top of that in our state you can't choose a court date other than maybe between 2 times but other than that if one party doesn't show up the other party will win and it may cost you time from work and that will not refunded in court.
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