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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5190
Experience:  Licensed to practice before state and federal court
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I have a few questions about leasing, filed as in how we

Customer Question

i have a few questions about leasing
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: washington
JA: Has any paperwork been filed?
Customer: filed as in how we just recently moved out and our property manager took 21 days, which is allowable by law, to give us a response on our security deposit. they are informing us they are keeping our security deposit and charging us with carpet repair....another 1500!!! we lived there for four years
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes, the property manager has not provided a check out list, which we did a pre move out walk through as well as a move out walk through and nothing was annotated, documented, or given to us as a move out check list
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 3 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Expert:  Legal Eagle replied 3 months ago.

I'm sorry to hear about your situation. It seems like it is an expensive thing that the landlord is doing. In some states like CA, the carpet has to be replaced by law every three years. If it is longer than 3 years, then the tenant is not responsible. However, according to a reputable source, "Washington State law does not set out any specific timeframes for landlords to replace carpet or repaint the walls." Thus, it is legal to charge you for the carpet. However, this appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. You could basically argue that other landlords would not charge that amount and there must be a more reasonable amount to which you could come to in good faith to meet the obligation under the Code.

To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

Expert:  Legal Eagle replied 3 months ago.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?