Legal Question in Landlord & Tenant Law in Washington
Approved for Apt, then denied 2 days before move in
We were approved for an apt, put down a $300 deposit, and we scheduled to move in on April 16th. The managers said they were moving and new managers would take over on the 7th, and to contact them for walk through and to sign lease. We did, but never got ahold of anyone until April 14th, then he said he wanted to delay move for a few days, and ask to meet us on the 18th. We did, and signed the lease, but he didnt, then he told us we were denied and the old managers shouldnt have approved us. But we had already given notice where we lived and taken our kids out of school, packed everything, and reserved a uhaul, then he tells us 2 days before, no. Its been 2 weeks and we still havent got our deposit back either. Is there anything we can do? Thank you
2 Answers from Attorneys
Re: Approved for Apt, then denied 2 days before move in
Yes. You can have a teriffic time suing the apt. in small claims, but that isn't going to solve your immediate problem. Get a roof over your heads first, THEN go to small claims. The forms are on line at courts.wa.gov, list of all forms, scroll to the very bottom. Where the notice of claim asks for the basis for your complaint, say breach of contract and violation of RCW 59.18.260, .270 and .280. Save all the receipts for everything you had to spend to get moved again - the rental truck, nights in a motel, whatever.
The jurisdictional limit in small claims is $4000. You will do fine as long as you are nice to the clerks and the judge. If your un-landlord elects to remove the case to district court so an atty can represent them (we aren't allowed in small claims) call me. Good luck.
Re: Approved for Apt, then denied 2 days before move in
Just to add to Elizabeth's wisdom, was the deposit you gave a deposit for getting the apartment, or a security deposit for damages/rent? Did you get a written receipt? Did you get anything in writing regarding whether the deposit is refundable, and on what grounds the landlord can keep the deposit? Check out RCW 59.18 (find it at http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=59.18). Under certain circumstances, if the landlord doesn't follow the Residential Landlord Tenant Act, you can get extra damages and attorney's fees. This is usually a pretty big stick to wave at the landlord when asking for your deposit back and/or asking to move into the apartment.
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