Landlord Wrongfully Retained Your Security Deposit? Fight Back!

Do you think your landlord has unjustly retained some or all of your security deposit after you moved out of the rental? Before you write it off as a loss, consider composing a letter, or two if necessary, to your landlord disputing the retention of your security deposit.

The Clean Move-Out

A few years ago, I was moving out of a nice apartment building in the upscale Belltown neighborhood of Seattle, Washington, and into a more spacious and less expensive apartment in the cozy Nordic neighborhood of Ballard. Before returning the keys to my former apartment manager, I scrubbed, cleaned, and vacuumed so that the small studio apartment I had occupied would be at least as clean as when I had first stepped foot inside ten months before.

Despite my focused cleaning efforts, the apartment management decided to retain $50 for "carpet cleaning." I thought this was unfair. The only difference between the condition of the carpet from the time of move-in to move-out was ordinary wear and tear, and very little at that. I am a tidy person by nature.

Is it Worth Your Time?

Perhaps the amount in question, in my case $50, does not seem worth the trouble to fight for. Often it is not just the amount of money but the principal of unfairness that drives people to seek justice. Perhaps your efforts will result in a changed policy so that future renters will not have to incur the same injustice.

The following two letters detail what happened in my case. They also provide a template for how to go about writing letters if you find yourself in a similar situation.

The First Letter

[Name and address of landlord/management company]

Re: Security Deposit

Dear Mr. ________:

I am writing to you regarding my security deposit.

I was a resident of Avalon Belltown, apartment #____, from December 21, 2001 through October 31, 2002.

In the Apartment Lease Agreement, dated December 21, 2001, provision seven (7) incorporates the Security Deposit Agreement into the Apartment Lease Agreement by reference.

The Security Deposit Agreement was signed on December 21, 2001. I have fully complied with the terms of the Security Deposit Agreement. Specifically, when I moved out of Avalon Belltown, I thoroughly cleaned the apartment, such that the only possible difference between the condition of the apartment from the move-in date to the move-out date was some normal wear and tear.

However, I received a Statement of Deposit Activity (SODA), dated 11/08/02, from Avalon Belltown. The SODA lists a fee of "CRPT - Carpet Damage," a fee description "Carpet Cleaning," and a $50.00 allocation of my security deposit toward the carpet cleaning.

Provision 2 (d) of the Security Deposit Agreement states:

"Refund of Security Deposit. We agree to refund the Security Deposit to you, subject to the deductions described in Section 3, upon satisfaction of all of the following conditions or as otherwise required by applicable law:

Your apartment, including all kitchen appliances (refrigerator, oven, range, dishwasher, baths, closets, storage areas, patios/balconies, etc.) has been thoroughly cleaned, so as to be in the same condition as it was in on the beginning date of the term of the Lease, except for ordinary wear and tear."

The carpet was thoroughly cleaned so as to be in the same condition as it was on December 21, 2001 except possibly for some ordinary wear and tear.

Accordingly, please refund the additional $50.00 of my security deposit. Thank you, in advance, for your assistance.

Sincerely,

Lori Wheat

The Second Letter

[Name and address of landlord/management company]

AND TO:

[Parent Company or Higher Authority]

Re: Security Deposit

Dear Mr. _______:

I am writing to you for the second time regarding my security deposit.

I was a resident of Avalon Belltown, apartment #____, from December 21, 2001 through October 31, 2002.

I have a busy law practice to run, and Avalon Belltown's refusal to return the additional $50.00 of my security deposit is becoming increasingly burdensome.

I have attached my letter of November 19, 2002 to AvalonBay's copy of this letter because I have forwarded this correspondence to the AvalonBay office in Virginia as well. I assume that Avalon Belltown has retained a copy of the November 19 letter for its records.

I have also attached a copy of several applicable Washington statutes. As you review these statutes, please note that the portion of the security deposit that was returned to me was postmarked "November 15" which is outside the statutory 14-day period for return of the security deposit.

Mr. _______, you responded to my November 19, 2002 letter by telephone on December 4, 2002. During that teleconference, you stated, as a reason to not return the additional $50.00 of my security deposit, that, "in Washington, dirt [deep down in the carpet that can only be cleaned by a professional carpet cleaner] is not considered ordinary wear and tear." I told you that I disagree with this proposition, but I invited you to send me authoritative Washington law that so states your proposition. You promised that you would send such correspondence. However, I have received no further correspondence from you.

Accordingly, please refund the additional $50.00 of my security deposit. Thank you, in advance, for your assistance.

Sincerely,

Lori Wheat

Encl

The Result

Shortly after I sent the second letter, my $50 was promptly returned to me with a note of apology. How satisfying.