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Landlord tenant
Anonymous2 views2 answers
I moved into a triplex where the landlord refused to do a walk thru and document the condition of the apartment. She charged the previous tenant in my unit to replace the carpet and then never replaced it. She has screwed most of her tenants out of their deposit of $600 because she refuses to do walk thrus and then they have nothing to go off in court. I'm worried she is going to keep my entire deposit and charge me additional because I have no walk thru to confirm the condition of the apartment. How can I prevent this?
You can review RCW 59.18.260 (Moneys paid as deposit or security for performance by tenant – Written rental agreement to specify terms and conditions for retention by landlord – Written checklist required). The statues are at http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18 .
That the landlord "refused to do a walk thru and document the condition of the apartment" likely works in your favor as she would not be in compliance with the law.
You can document the condition by taking pictures.
In almost every case in Washington, a lease/rent agreement that includes a security deposit must be in writing, and to lawfully take a security deposit from you with plans to keep ANY of it later, your landlord must complete a walkthrough and document the condition of your apartment with you before you move in. Normally, you must both sign the walk-through checklist in agreement of the condition of the premises, too.
I would recommend you take pictures with date-stamping on them of the conditions of every aspect of your apartment for your own proof, and have copies made that you share with your landlord immediately. Later, when you move out, your landlord won't be able to keep any of your deposit not justifiably required to repair damage you cause (if any). Further, your landlord must return your deposit, or send you a document withholding some, or all for specific, verifiable reasons in writing within a very short time (as short as 14 days) after you terminate the lease/rental agreement (within the terms of the agreement). Otherwise, in some cases, a rentermay be able to recover up to three times the amount wrongfully withheld plus attorney fees.
If you don't trust your landlord, you probably aren't fully enjoying where you live. If moving out now is an option for you, you might think about it as a way to find your own piece of mind.
Good luck.