Landlord Question and Answer Forum

Our tenants just moved out of our rental home and we've begun the process of accessing damage. We've found several things that warrant a deduction off the security deposit. However, when the property was leased to them we failed to have them complete a checklist acknowledging the current condition of the premiss. Without the ability to "prove" that any damage was caused by the tenant are we legally required to return the full deposit to them? If I read the Washington State law correctly they could have grounds to sue based on the fact that a checklist was not provided at the signing of the lease. I'm thinking returning the full $300 would be much cheaper that less of a headache than going to court. Any advice here would be appreciated. Thank You.

If there were substantial damages that are CLEARLY above the $300 as well as the cost of going to court...I would say file. Some judges could award you damages, based on proof like pictures and so forth that shows total disregard and negligence. BUT if the damages are "iffy" and could be construed as normal wear and tear in any way of fashion, if it were me, I would let it go. There is not only the court fees that you will pay but the time spent going to court. Most judges are pretty unsympathetic about "not knowing". So if you were to claim that you did not know about this form, it would not work for you most likely.

Posted by Donna , NC on Saturday, January 14, 2012