Land lord deposit issues.

Land lord deposit issues.

Vancouver, WA · Member since 2013 · 15 posts · 0 votes

My land lord that always acted like a nice guy is trying to say i owe him 600 because my 1200 dollar deposit didnt cover it. Ive been in this house for 4 years, and im also disabled. He is trying to charge me 75.00 for a missing key, trimming of bushes (we didnt have bushes) 250 for lawn damage (we paid a 600 dollar pet deposit to cover just that) for missing light covers, there was 1 missing one, one that his landscaper broke when we were moving out and i had emailed him for that. 400 for cleaning the house, i have a video of how clean the house was, his painters that came in ended up destorying the house. He charged me 25% for painting the inside of the house, which was 365 after the 25%, the paint was not new when we moved in. Charging me 35 dollars for burnt out bulbs which i thought was normal wear and tear. A broken drawer 150 that i had no idea was broken?...and there was no broken drawers in the house. For garbage left inside the house and a dump fee of 75 dollars..my video shows NOTHING left in the house. Broken blinds in all windows equalling 500 dollars, when we moved in only 2 rooms had blinds, and only one set was bad. A missing fridge filter for 44 bucks (didnt even know the fridge had a ****ing filter) A missing door key for 75.00 sevent five dollars, you kidding me for a key? There was only 1 key when i moved in and i gave him that key. Here is a picture of the list, hes saying we owe him 653.75 in 2 weeks.

Now some aditional info, i never got to see a copy of my move inr eport, ive requested it from him, and his property manager CONSTANTLY broke the law, did not say he was coming over, showed the house without my consent, had landscapers and painters in the house before we moved out and BEFORE A WALKTHROUGH. i told him i could do a wlakthrough on saturday or sunday, then all a sudden he couldnt do it, was the only days i could do it and he REFUSED to do it, i told him i will be there sunday at 5pm, and you need to be here for the walkthrough, he never showed, he said because the painters were not done and they were. I know thsi guy was a sneaky little devil, and is tryign to act like the house was new when its a 2000 built house. My video shows how clean the house was, then i took another video after the painters showing how much they destoryed the house. Any advice or ideas since the property manager refused to do a walkthrough when i needed it done. Heres a picture of the itemised list.

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Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
13y

If you feel your deposit was incorrectly withheld take the landlord to small claims court. You can do this yourself. Costs are minimal. Its the only way you're going to get this resolved.

Light bulbs are not wear and tear. They were (I assume) working when you moved in. When they burn out, its your responsibility to replace them. Broken blinds are not wear and tear. Paint might or might not be wear and tear. It should not be damaged after three years. If you did damage it, that's not wear and tear. HVAC vents are not wear and tear. Yes they're on the floor. No, they shouldn't be walked on.

But it does little good for us to debate. I've not see the place before or after. Take it to court and let a judge decide.

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    13y

    Take him to small claims court. Don't know the law in WA, but some states allow tenants to collect double or triple damages if the landlord inappropriately withholds security deposits.

  • Residential Real Estate Broker · Bremerton, WA · Member since 2013 · 494 posts · 142 votes
    13y

    Here's some info that may help you:

    Washington State Tenant's Union http://www.tenantsunion.org/rights/group/C2/moving-out/

    State Attorney General's Page (resources to free help)http://www.atg.wa.gov/ResidentialLT/default.aspx#.UgMIBL7n_IU

    Solid Ground (good info)

    http://www.solid-ground.org/Tenant/Pages/Deposits.aspx#process5

  • Vancouver, WA · Member since 2013 · 15 posts · 0 votes
    13y

    Heres some more info as well. And if this helps, heres a link to a video walkthrough i did because the property manager they hired REFUSED several times to do a walkthrough, i have copies of the emails with constant excuses not to do it. http://www.youtube.com/watch?v=AH6rTn-Bv8o

    Here is a email from my landlord today.

    The house was in horrible condition when you moved out. Our prop manager said it was the worst condition house he had ever seen. We didn’t charge you for all the damage as its pointless. The lawn was maintained in a near perfect condition before you moved in (regardless of flooding which you never advised of). You left a patch of dirt when you moved out. The stove has a burn on the face plate when you moved out, which was not there before. The house still needed a cleaning of the areas I advised; that’s why you were only charged a portion. There were stains in the carpet which were new, we didn’t charge you for that. There was garbage left outside the house and in garage, the rep and handyman said so. They have a receipt of dump fee. It was not the painters or carpet guys. The handyman had to return many times as he kept finding things which were missing or broken. The blinds all had to come down as they were broken. You never advised when you moved in that any of them were not working, this was news to us. We had plenty of handymen come out there through the years. The broken kitchen drawer was not there either and you never advised us to fix it when the handymen were out there in the past. So we are out of pocket a huge amount of money just to get the place into a condition to rent, not to mention the additional time for our rep (whose time we have not added into this equation yet.) This was not normal wear and tear and the repairs have continued to delay us getting a new tenant in. George

    I have talked to my neighbors tonight ont he phone, and they said they would write statements saying the house was fine, they have been inside and out of the house before for parties and such so know what it looked like inside. He is trying to over charge me on items, i will list eerything he is trying to charge me for, which to me 90% of them is considered wear and tear. I already wrote him a demand of deposit letter i will be mailing in the morning. Heres the list since my picture did not post earlier.

    Item Cost Percent charged to deposit Amoun tto deposit

    Paint inside 1463.00 25% 365.75 (this is wear and tear issue, was not new when moved in.

    4hvac vents. 64.00 100% 64.00 wear and tear, people walk, and move things on these, just needed a repaint.

    Bushes in back need cutting. 200. 25% 50.00 There are no bushes

    Lawn damage 250. 100% 250. paid pet deposit, back yard has issues with flooding.

    Missing light covers 45.00 100% 45.00 I agree with this one.

    Burned out bulbs in house. 35.00 100% 35.00. Wear and tear isue.

    Garbage left in house. 75.00 100% 75.00. In the video you see no trash in the house, and there was no trash outside the house. only thing left was a lawn equipment tub that was there when we moved in with a push mower. I told him to supply pictures of the thrown away items if they really exist.

    Broken kitchen drawer. 150.00 100% 150.00. Do you see any broken drawrs in the video..? i also have pictures, whos to say his contractors didnt break since he didnt do a walktrhough like asked.

    Broken blinds in all windows. 500.00 100% 500.00 Now this falls under a few. Wear and tear as NOT new when moved in, also a lie as upstairs NEVER had any blinds, only 1 was ever damaged by me but still wear and tear. And not only that, i have pictures of the painters having removed the blinds, and THROWING them into the garage, and piling **** on top of them, so most likely damaged by the painters, hows this my fault?

    Cleaning in house. 400.00 50% 200.00. Im fine with this, always expect to pay some for cleaning even though in the video the house looked clean.

    Missing fridge filter. 44.00 100% 44.00. I didnt even know it had a damn filter? so how could it be missing if i didnt know?

    Missing key from door/re keying. 75.00. 100% 75.00. When i moved in i was given 1 titan key, 1 garage opener, and 1 mail key, i returned those, HE is not the one who gave me the keys, his old property manager was, so they re-keyed the house, how is this my responsiblity? i gave him all the keys i had.

    So any advice here would be great, i did the math, and it seems he owes me back around 955, since 90% of the things fall into the wear and tear category, even though he is trying to say they dont. His property manager is a joke, never saw the house before, did not have copies of our walkthrough whenw e moved in, to him it should be as if the house was just built, he bashed me and the house constantly, it pisses me off majorly to see him get away with this behavior to to make me out as so horrid to the land lord i NEVER had issues with for 4 years. We never had a problem untill this property manager got involved. SO any advice would be great. , i already wrote a demand letter based on the links abouve. But to me it is NOT his right to decide what is normal wear and tear, seems to me age decides that on items that can be replaced such as bulbs, blinds, vents. I can see paying for the drawer if it was me who broke it, but i didnt, i have a feeling a painter did, and i dont even know what drawer. He has refused to send me pics, or my copy of the move in walkthrough, or receipts and a list of items that were new when we moved in to show that it may not be normal wear and tear, like if the blinds were new when we moved in then great. But i know he cant charge me for the paint, since wear and tear shows 2-3 years life for wall paint when livving in a rental unit. So any thoughts on this.?

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    13y

    If you feel your deposit was incorrectly withheld take the landlord to small claims court. You can do this yourself. Costs are minimal. Its the only way you're going to get this resolved.

    Light bulbs are not wear and tear. They were (I assume) working when you moved in. When they burn out, its your responsibility to replace them. Broken blinds are not wear and tear. Paint might or might not be wear and tear. It should not be damaged after three years. If you did damage it, that's not wear and tear. HVAC vents are not wear and tear. Yes they're on the floor. No, they shouldn't be walked on.

    But it does little good for us to debate. I've not see the place before or after. Take it to court and let a judge decide.

  • Vancouver, WA · Member since 2013 · 15 posts · 0 votes
    13y

    Washington website on this even said light bulbs are wear and tear, i took that direcly from their website.

  • Deborah BurianPro Member
    Rental Property Investor · Oklahoma City, OK · Member since 2013 · 1k+ posts · 412 votes
    13y

    @Ashli U. - aaarghh. I don't care what a website says. Light bulbs are not wear and tear. I would love... just once... in my landlording career... for a tenant to replace the blasted light bulbs. They are a standard item on my truck because at this stage of the game I KNOW tenants aren't going to replace light bulbs. They're a buck a pack. How hard is it to replace a light bulb. I'm going to my corner to weep now.

    However, no, we don't charge in the deposit for light bulbs.

  • Chandler, AZ · Member since 2013 · 113 posts · 25 votes
    13y

    @Ashli Uphoff, sorry to hear about the move-out problems. Did you bring the concerns you posted here directly to the property manager or landlord? Every landlord operates differently. Also, I do see many things in your list can be fixed easily, such as key, blind, a/c vent, light bulbs, .... In general, if you fix the broken items and fix them properly, they won't get charged. Just some ideas.

  • Vancouver, WA · Member since 2013 · 15 posts · 0 votes
    13y

    He never gave me a chance to fix these as his property manager refused to do any kind of a walk through, i asked over, and over and over again. Thing is even on the light bulbs, i found our original walk through sheet, and its the same bulbs that were burned out when we moved in, im disabled, i cant get on a ladder, and was never able to replace these bulbs, and they were burned out apparently when we moved in to. I would of fixed all these little issues if he gave me a chance, but he did not. His property manager (first time hes used him) is a lieing hack who kept saying everything is fine to me, yet says otherwise to my landlord? They did not hire him to manage the property, only do maintance and get it rented, i told my wife i know hes going to make things sound worse, and use that to try and get the landlords to hire him on year around, which is exactly what hes done. And the website was washingtons website that said about the bulbs, i would think the states official site wouldnt be wrong on that? But i have replaced and put energy efficient bulbs in the entire house, those bulbs he wants to charge for are in the hanging light in the stairwell that i cant reach, that they didnt bother to replace when we had moved in. I also found on my move in report about damaged blinds when we moved in, missing blinds upstairs, so for him trying to charge me 500 for blinds for ALL windows is ridiculous when the walkthrough even says blinds were damaged and missing. This is just a stresfull situation, our land lord thinks he can avoid doing any maintance to a house for 4 years, and then charge me for all the repairs when ive asked him for years to come out and do work, only to get excuses over and over again.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    13y
    Originally posted by Ashli Uphoff:
    Washington website on this even said light bulbs are wear and tear, i took that direcly from their website.

    So, if its a wear and tear item, its the landlord's responsibility. When one burns out, you expect the landlord to come replace it?

  • Vancouver, WA · Member since 2013 · 15 posts · 0 votes
    13y

    Being disabled with no left leg control, yes i do, because i cant go up a ladder, and he knows this. I have alot of physical limitations. I cant even stand on my tip toes, no ankle control.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    13y

    Honestly, it seems like you may well have a case here. Take him to small claims court. Or, use the "demand letters" from @Stephanie Dupuis links as a first attempt to get this resolved.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    13y
    Originally posted by Ashli Uphoff:
    Being disabled with no left leg control, yes i do, because i cant go up a ladder, and he knows this. I have alot of physical limitations. I cant even stand on my tip toes, no ankle control.

    OK, you can't do it yourself. That doesn't mean the landlord has to do it for you. Depending on the situation the landlord may (or many not) be required to comply with ADA guidelines and make "reasonable accommodations" for your disabilities. But those accomodations are at your expense, not the landlords.

    That said, if you have documentation that these lights didn't work when you moved in and you're being charged, you may well have a case.

  • Vancouver, WA · Member since 2013 · 15 posts · 0 votes
    13y

    Thanks jon, its not like i want my full deposit back, im fine with cleaning costs, and general maintance, but 500 for blinds, when the walkthrough stated blinds were missing and damaged when we moved in...I feel like their trying to get me to repair the house they have neglected when asked to do maintance. They live all the way in san fran, and have NEVER even seen the house in person, only in pictures. So all their doing is going off the property managers words. Ive asked for pictures, and receipts PROVING all this work needs to be done, and not gotten a single reply.

  • Vancouver, WA · Member since 2013 · 15 posts · 0 votes
    13y

    Part of the walkthrough that mentions painting, and blinds missing and lots of little things in the house, this is 1 page of 4

  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    13y
    Originally posted by Ashli Uphoff:
    i found our original walk through sheet, and its the same bulbs that were burned out when we moved in,

    That's great! So here is what I would do if I were you (and I am both a long distance LL and a tenant so I can sympathize with both sides here).

    First it's good you are venting here and hopefully not to your LL, whatever you do all your communication with the LL/PM needs to be in writing/email so you can document exactly what actions were taken. Also in those emails, make sure they are VERY clear to the point and UNEMOTIONAL state facts, give justification, provide evidence and receive responses. If the response isn't what you like, just say thank you and proceed on calmly.

    I would start by sending a copy of the move in sheet(assuming you haven't already) and video/pictures to the PM/LL and requesting they adjust the amount deducted. Also request all receipts for the items they are deducting for, and make sure you have a copy of your lease still because it may say something about certain repair costs.

    Then assuming you still got no where, take them to small claims court and bring all your evidence with you including the emails between all the parties involved. You can make the case to the Judge that the repainting was not necessary and touch up painting was all that should have been required, and he will be able to make the determination of whether or not any of that cost should have been deducted from your SD or not.

  • Vancouver, WA · Member since 2013 · 15 posts · 0 votes
    13y

    Yah the land lord is refusing to talk to me, he said i should get legal console and he will only now talk to a lawyer and not me, which i think he cant do, i requested this info, so im going to send him a certified letter with a letter of demand and see if he refuses that as well.

  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    13y

    Just found this on a website searching for legal aid for renters in Vancouver, WA:

    Hope it helps, or google search for legal aid for renters in your state, someone who can give you specific steps to take. It was smart of you to take a video.

  • Vancouver, WA · Member since 2013 · 15 posts · 0 votes
    13y

    Lol.

    now the landlord is showing dirty pictures before we had cleaned the house, saying how horrid the house looks in these pics. I guess he forgot to see the video i sent after the pm took these pictures of how nice the house is. Also his pictures have no time stamps, good luck getting that to hold up.

  • Vancouver, WA · Member since 2013 · 15 posts · 0 votes
    13y

    He finally listened to me, viewed video and pics, has agreed to give me at least 200 back, take off blinds, paint, yard, as well as a few other items. Hes realized the property manager is trying to make things worse than they are. amazing how much a phone call can fix things instead of only emailing. He is a great landlord, just suffering from a piece of **** property manager who wants to screw people over. I asked him if the manager approached him to manage the property year round, he said he has several times, i told him this is why hes making the property out to be SO horrid, is he wants to trick you into keeping him on year round, its how he makes his money.

  • Rental Property Investor · Louisville, KY · Member since 2008 · 342 posts · 123 votes
    13y

    Keep in mind a pet fee does not cover damage that your pet causes unless the lease specifically said it was a deposit which would indicate that it would be returned if no damage was done.

    Paying a pet fee does not absolve you from pet damage.

  • Vancouver, WA · Member since 2013 · 15 posts · 0 votes
    12y

    Sorry to bump this, but issues with the same land lord

    Its been a year, he ended upa greeing with me, gave me back half my deposit, and we went on our way. He realized there were NO blinds when we moved in, and that the property manager was full of crap. Well we are looking to move again, 2nd kid and 2 bedroom is to small, put in our application and get a horrid reference from him, saying we were late on rent 4 times (we were, but we had asked him if it was ok due to me getting injured on the job, if we paid out of wifes checks which came a few days later than rent was due) he was fine with that adn said no late fees. Then now says we owe 5,500 for repairs? Really, i have video, pictures of the house showing how great of condition, 5,500 for carpet repair and paint is NOT my responsiblity when none of it was new, it was old and falling apart when we moved in, even a chunk upstairs had been replaced with carpet from the closet due to a small fire. He says all this, AFTER he had given us half our deposit back? Now i know why 2 other houses did NOT rent to us, because of his bad reference. he refuses to answer my phone calls or emails, yet answers possible land lords. Anything i can do? He had told me he would be a good reference, was a good reference for this house, and now changed his tune 1 year later. I dont know what to do.

  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    12y

    Sounds like his comment that you were late on the rent four times is accurate.

    Show the potential landlords the pictures of the condition of your former rental property at your move out to dispute the $5500 claim.

    Gail

  • Rental Property Investor · Louisville, KY · Member since 2008 · 342 posts · 123 votes
    12y

    Did he give you an accounting statement for the deposit when he returned what was left it? You could use that with pictures to prove the condition of the unit.

  • Vancouver, WA · Member since 2013 · 15 posts · 0 votes
    12y

    No, i did keep copies of emails where he even said in his last email that we should get a cold beer next time he was in town, and that him and his co owner talked and were giving us 200 of our 1200 deposit back (why would i get any deposit if i owed him 5,500?)  And have the picture of the check he sent.  He even refused to do a final walkthrough on the house, he "didnt have the time" to do it, why i took a video on my final time in the house, when painters and carpenters were there.  The only thing i can think of is hes trying to say we have to pay for carpet and paint, the paint and carpet were old when we moved in, even upstairs was missing a chunk that was replaced due to a fire as ive said abouve.  Other than that the only things needing fixed was shed door because someone kicked it in, and rather than go through insurance i had him take it out of our deposit, and some things with the back yard because the back yard had a problem with flooding, yet i got blamed for that.  Other than that, he did no maintance to the house in the 4 years we lived there, didnt even de-moss its roof when i asked them to.  We lived there 4 years, and have 2 kids, yet even the neighbors who had been in the house said in written statements that i have that the house was in about the same condition as when we moved in.  

    He has now screwed us on 2 houses, he will not reply to my phone calls, or my emails, i have been very nice and told him i do not want to take him to court, but if he continues to lie and slander me im going to have to do something.  I dont mind him saying late on the rent, even though we had agreed to that, that is fine because i can explain that. but what i can not explain is the 5,500 in damages when i have no clue what was even damaged that could cost 5,500 other than carpets and paint, which as stated were from when the house was built in 2002 when we moved in.  Just a very annoying situation, but makes me happy i take so many pictures,videos, and kept all my emails with him. I even have a email where we went over what we talked about on the phone and he agreed with my recap.  

    So if he keeps this up, what can i really do since he is lieing and refusing to even speak wtih me to clear this up. 

  • Vancouver, WA · Member since 2013 · 15 posts · 0 votes
    12y

    Here is a copy of the check he sent us. Also are pictures of the house on move out day, when his painters showed up WITHOUT NOTICE, and just ripped down the blinds, everything, dirtied up all the floors i had cleaned. Another thing i was not notified of when i had the rent paid for 3 more days on the house. 

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