Can a Landlord in Washington State Deduct Carpet Replacement Costs from a Security Deposit?

Question from John, Can a Landlord in Washington State Deduct Carpet Replacement Costs from a Security Deposit?

Answer from AI:

In Washington State, landlords can deduct from a tenant’s security deposit for any unpaid rent, damages beyond normal wear and tear, and any cleaning necessary to return the unit to the condition it was in at the start of the tenancy. However, the landlord must provide a detailed, itemized list of any deductions.

Understanding Normal Wear and Tear

The key issue here is whether the carpet stains constitute “normal wear and tear” or damage. Normal wear and tear refers to the natural deterioration of the property from normal, everyday use. Examples might include minor marks on walls, slight wear on carpets, and minor scuffs on floors.

Damage, on the other hand, refers to harm that impacts the value, usefulness, or normal function of the rental property. Examples might include large holes in walls, broken windows, or significant stains or burns in the carpet.

What the Law Says

According to the Revised Code of Washington (RCW) 59.18.260, a landlord cannot keep any part of a security deposit to cover normal wear and tear. If the landlord believes the tenant caused damage beyond normal wear and tear, they can deduct the cost of repairs from the security deposit. However, they must provide the tenant with a written statement itemizing the damages and the repair costs within 14 days of the tenant moving out.

What You Can Do

If you believe your landlord is unfairly charging you for carpet replacement, you can take several steps:

1. Document the condition of the carpet: Take photos or videos of the stains to show their size and severity. This can help you argue that the stains are minor and constitute normal wear and tear.
2. Request an itemized list: Ask your landlord for an itemized list of the damages and the repair costs. This is required by law in Washington State.
3. Dispute the charges: If you disagree with the charges, you can write a letter to your landlord disputing them. Explain why you believe the stains are normal wear and tear and not damage.
4. Seek legal advice: If your landlord still insists on charging you for the carpet replacement, you may want to consult with a lawyer or a local tenant rights organization.

Remember, this information is a general guide and not legal advice. Laws can vary and legal situations can be complex. For advice on your specific situation, consult with a legal professional.