Donek_small
Reputation: 46

Does anyone actually work at the Seattle Tenant's Union?

I've tried calling a billion times, no one ever ever answers. I'm currently in Arizona, but just moved out of an apartment where the landlord is being obstinate and did everything in her power to make my roommate and my moving out process as difficult as possible (not showing up to our scheduled walk through, telling us we had to move the fridge, stove, use harmful out of the ordinary chemicals to clean the place, to name a few). I'm trying to figure out our rights, because there seems to be a loophole--the apartment was bought by her company a few months before we moved out, but they never did a walk through, and she is charging us for normal wear and tear of a 20 year old building. Any advice, stories, tips would be appreciated in regards to the best way to go about not having our deposit stolen from us.

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  • Qlandav2ex_small
    Reputation: 4209

    Actually the time alloted to the landlord to give you a full accounting and/or return of your deposit is 14 days.

    See: http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.280

    Within fourteen 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 fourteen 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. No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises. The landlord complies with this section if the required statement or payment, or both, are deposited in the United States mail properly addressed with first-class postage prepaid within the fourteen days. The notice shall be delivered to the tenant personally or by mail to his or her last known address. 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 fourteen 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 attorney's fee. 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 attorney's fees.

    Also be sure to search this master listing of WA Landlord Tenant Law:

    http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18

    The Specific Publication of this law and Seattle is published here:

    http://www.seattle.gov/dclu/Publications/cam/infofortenants.pdf

    It is searchable by keyword, so plug in the word "deposit" and see all of the applicable parts.

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3 Other Answers

  • Min-wage_small
    Reputation: 1421

    The 14 day period should have started when you moved out. Even though the Tenant's Union isn't returning your calls, they have sample letters on their site - here's the letter requesting the return of a deposit. It's a good letter, but if you send it you and your roommate need to be prepared to actually go to small claims court, which can take a really long time. Some people I know had to sue a landlord to get their deposit back and I think it took about a year to get a court date.

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  • Cthulhu-early_small
    Reputation: 97

    The accounting needs to be sent within 14 days (law has not changed recently). Your lease would have specifics regarding what is a fee (never refundable) and what is a deposit (up to completely refundable). A damage & security deposit could be used to cover move-out cleaning to get to a move-in condition. I suspect that the new landlord wants to work with you if she is willing to gift any non-refundable cleaning fee back to you.

    When the property changes hands the landlord is required by law to let you know the basics - where your deposit is being held. This may not be relevant if you go to small-claims court as it doesn’t seem material. Updating bank accounts, landlord contact information, and where to send rent checks is generally done without a new lease.

    If your original lease contains the condition report, then that is what would be used to determine how much of the deposit to refund. No new condition report would be needed due to change in owners.

    If there was no condition report done upon move-in, then you should ask for all your money back immediately without delay, this is a no-brainer in court.

    I hope you have pictures of both move-in and move-out to bolster your defense that you complied with the current owner's directions to clean (keep the original receipts from the cleaners).

    I would keep on calling to see what can be done to reach an agreement with her to get as much deposit back as possible. This is your best bet and you don't need to make an enemy. She had been willing to work with you, pointing out what to do in order to get your deposit back. BTW, it's reasonable to ask you to clean the stove & to move the appliances to clean underneath, or to charge you for that if you do not - unless your condition report records it was dirty when you moved in.

    Lastly, if your apartment is located within the city of Seattle, the landlord is required by law to provide an attachment to the lease and get your acknowledgement - the city requires an "Information for Tenants Summary of Landlord/Tenant Law". Check this pamphlet, and the state laws referenced in it, when you go over your lease. You may want to consult a lawyer if there’s language you don’t understand.
    http://www.seattle.gov/dpd/stellent/groups/pan/@pan/@publication/documents/web_informational/dpdp_018328.pdf/dpdp_018328.pdf

    Failure to give you the summary is a basis to sue. “Lastly, landlords are required to give current and new renters this publication about Seattle and Washington state laws. Tenants can recover actual damages, legal costs and penalties through private civil action against landlords who violate this law.”

    If you do not have the summary and it is not mentioned you received it in the lease, then save this to hold over the landlord's head if she starts acting unreasonably - and nothing that you've mentioned sounds terribly unreasonable - and threaten to sue, then follow up. Otherwise swallow hard, get your non-refundable cleaning fee gifted back to you, and get as much as possible of your deposit back.

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  • Icon_small
    Reputation: 1627

    I believe the Tenants' Union has fallen victim to budget cuts. They're likely swamped, and that's why you can't get through.

    My only input on the deposit question is that if your landlord doesn't send you your deposit within 30 days of your moving out, you're entitled to the entire amount. If she withholds any of it, she's required by law to give you an itemized list of what repairs the money was spent on, and if she doesn't give you a receipt, you're again entitled to the full amount.

    I really don't have the foggiest idea of how to challenge bullshit charges. Whenever I move into a new place, I generally assume I'm never going to see my deposit again even though I take exceptionally good care of my shit.

    This is why I loathe landlords.

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