Carpet Replacement, Last Utilities Bill, Security Deposit (Seattle, WA) (lease agreement, tenant, rental)

[wingtree]

Hi All,

I recently moved out of a rental following a two year lease. I vacated and gave notice early, but did not break the lease, opting instead to pay through to the end of the lease agreement. I paid a $1085 security deposit, plus an extra $500 pet deposit for a total of $1585. I have a couple things I'm unsure on:

1) When I moved in, the carpets were brand new. My lease required I have the carpet professionally steam cleaned upon move out, which I did, and left the $140 receipt as confirmation. The rental company said the cleaning left a "smell" and they'd have to replace all the carpets. They quoted the replacement as $600, and subsequently charged my rental account $739.87. When I vacated the rental, I closed the windows and locked the rental up tight, so, while it's surprising and annoying, I can imagine that not having air circulation for the carpets drying could have left a smell -- I don't plan on challenging their need to be replaced, but I'd like to verify the charge. Since I vacated early, there was sufficient time to replace the carpets before the next tenants moved in, and I have since been told that the new tenants' lease began the day after mine ended, so there was no lapse in renting due to the replacement. I haven't been given a receipt for the replacement, but am I right that the deduction should be made following some math? Assuming the carpet lifetime is 5 years, knowing it was new upon my moving in, and deemed in need of replacement upon my moving out after two years. Whatever the bill was, I'd be responsible for 3/5ths of it rather than the full 100%, yes? (or, if the carpet lifetime is 10 years, then I'd be responsible for 80%). I'm planning on requesting the receipt, but I am assuming that they charged me 100% of the replacement, so I want to be sure I can verify the amount charged is appropriate, or explain how it is not, once I see the bill.

2) My landlord just sent me the total of the water/sewer/garbage utility bill, and told me he called SPU to confirm it was for the time period through the end of my lease, and then asked me to pay this one last bill in full. Since garbage is billed in advance, that didn't seem right, so I called, and SPU confirmed that the $85 garbage service is for a time period after my lease ended. I wrote a quick email to my landlord about it, paid the portion that was for services rendered through the end of my lease, and forwarded the payment confirmation to my landlord. I wonder though, if a similar thing was done for the first month of service, and the landlord discovers that two years ago, he paid the two month garbage service bill that really I should have paid for, can he charge me for it? Is there a statute of limitations on these things?

3) My lease notes that upon move out a rekeying fee will be deducted from my deposit. I can see a charge of $129.00 for the lease termination rekeying. I had the place rekeyed following a scary stalking incident, and that time was charged $109.59. I have not seen receipts for either services, but am curious as to why there would be a a ~$20 difference. I can request a receipt for this service to verify the charge, yes?

4) My lease says the landlord should return my deposit within 14 days of lease termination. Does that mean I should have it in hand by day 14? Or is there a "postmarked" type of deal here? It's been 15 days, and I haven't received the deposit yet. Since I'm asking a lot of questions about the deductions, I'm wondering if it makes sense to hold off until I get at least some of the deposit, or if I should reach out earlier in the event it hasn't been sent out yet.

My current plan is to email the rental agency and ask for receipts of service for the rekeying and the carpeting, and insert a gentle inquiry about the state of my deposit and go from there.

[Campfires]

You will see the carpet replacement receipt when you sue the landlord in small claims court. Or you won't. In that case, you win.

[wingtree]

I've actually already seen the receipt for the carpet, which is great, but I was billed for 100% of the cost. Am I right to go back and challenge that I should be charged less due to the wear and tear clause?

[AZ Manager]

1) Yes they should prorate the carpet, typically 10 years is an acceptable industry practice though I do 8. Basic math they owe you about $147 .97.

2) Statute of limitations would be on the contract which is probably a 4-6 year period after the breach of contract occurred. You look at the statute of limitations on contracts because under your lease contract you were required to pay for trash for the period of the lease. That could be successfully argued as the end of the lease term.

3) $20 didn't read past that, who cares. Could be a pretty simple price increase from their contractor, those do happen consistently over time.

4) Hard to say without reading the clause itself and the lease definition of days; state law (below bold and underlined) clearly says deposited in the mail which could mean postmarked the 21st day or the 22nd day. You have received the statement so they have complied with the law as it says "statement or payment, or both".

RCW 59.18.280
Moneys paid as deposit or security for performance by tenant—Statement and notice of basis for retention—Remedies for landlord's failure to make refund.
(1) Within twenty-one days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW 59.18.310, within twenty-one days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement.

(a) No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises.

(b) The landlord complies with this section if the required statement or payment, or both, are delivered to the tenant personally or deposited in the United States mail properly addressed to the tenant's last known address with first-class postage prepaid within the twenty-one days.

(2) If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he or she shall be liable to the tenant for the full amount of the deposit. The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the twenty-one days or that the tenant abandoned the premises as defined in RCW 59.18.310. The court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorneys' fee.

(3) Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of the tenant's damage or security deposit for damage to the property for which the tenant is responsible together with reasonable attorneys' fees.

They don't have to provide you with receipts so if they are I don't see them acting in bad faith on the whole. They are a little wrong on the carpet but that is all I see.

[Campfires]

Originally Posted by wingtree

I've actually already seen the receipt for the carpet, which is great, but I was billed for 100% of the cost. Am I right to go back and challenge that I should be charged less due to the wear and tear clause?

Gotta say that AZ Manager is dead nuts by on then.