Legal Question in Landlord & Tenant Law in Washington

Renovation Vs Deposit

My apartment is being renovated, I have moved out, though the carpet is being replaced. management has kept my security deposit to CLEAN/REPLACE carpet, also ,n a month to month lease is it leagal to charge an additonal $100/mo fee


Asked on 12/24/07, 10:29 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Renovation Vs Deposit

in WA a landlord can charge a fee so long as they disclose exactly what it is for. An additional $100 per month is probably a fee for not signing another lease.

Whether or not you are responsible for the carpet depends on whether you damaged it while you lived there, and whether the landlord made a walk through checklist regarding all the surfaces and finishes in the apartment before you moved in, so as to compare the condition when you moved out.

Also, if the carpet was not new but used when you moved in, you should not be charged to replace it but rather the cost of the carpet should be amortized over its useful lifetime. Generally speaking, things like carpets cannot be expected to last more than twelve years. If you lived there for one year, your share would be one twelfth of a twelve year old carpet.

Also, it makes no sense to me why your landlord would both clean AND replace the carpet, seems as though replacing it would obviate the need to clean it.

There is a difference between leaving the place in the same condition as it was when you got there, less normal wear and tear, and the landlord's tactical decision to polish it up to attract a new tenant. It isn't your job to pay for the renovations, or to pay for anything you did not cause.

If you spilled ink or paint or grease on the carpet, you may bear some responsibility for contributing to the cost of the new carpet. But they cannot charge you for normal wear and tear.

Hope this helps. Elizabeth Powell

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Answered on 12/24/07, 10:39 pm


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