Full question:
If you live in an apartment for 15 years, are the landlords able take money from the deposit for normal wear and tear when your inspection says every thing was fine?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: National
Answer:
A landlord cannot deduct from your security deposit for normal wear and tear. However, what constitutes normal wear and tear can be subjective and may lead to disputes. In some cases, a court may need to interpret the situation based on the facts presented.
It's advisable to document the condition of the apartment with photographs when you move in and when you move out. A written inspection report can also serve as strong evidence of the apartment's condition.
According to Washington state law (RCW 59.18.280), landlords must provide a detailed statement explaining any deductions from the deposit within fourteen days after you vacate the premises. They must also refund any remaining deposit amount. Landlords cannot withhold any portion of the deposit for ordinary wear resulting from regular use of the apartment.
If a landlord fails to provide this statement and refund within the specified time, they may be liable for the full deposit amount. Additionally, they cannot raise any claims or defenses related to the deposit unless they can show that circumstances beyond their control prevented them from complying with the law. Courts may award up to twice the deposit amount if the landlord intentionally refuses to provide the required statement or refund.
In any legal action to recover the deposit, the winning party may also be entitled to recover legal costs, including attorney's fees. Note that landlords may seek additional damages beyond the deposit for any property damage caused by the tenant.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.