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Renters beware: some landlords may try to scam you out of your security deposit. (AP Photo)

Protect your deposit from 'inflated' charges, 'greedy' landlords

BY Brandi Kruse  on August 23, 2012 @ 9:08 am (Updated: 2:53 pm - 8/23/12 )

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Renters beware: Some landlords may try to scam you out of your security deposit.

While state law gives landlords the right to withhold portions of a deposit for damages beyond normal wear and tear, some have made it a practice to keep money they are not entitled to.

"I think there are a lot of honest landlords that only charge legitimate costs, and then I think there are some landlords who just view the security deposit as money that they're entitled to keep," said Eric Dunn, a staff attorney for the Northwest Justice Project, a non-profit law firm that provides free legal services to low-income people.

Dunn said low-income renters are often targeted by landlords and property management companies who believe they can take advantage of them to pay for upgrades to units and make extra money.

Last week, he said a renter sought the law center's help after being billed $3,500; the amount the complex said it cost them to replace carpet in a two-bedroom apartment after the tenant moved out.

"That's not what it costs," Dunn said. "That landlord had come up with $10,000 worth of damages and they were all inflated."

He also points to an apartment complex in Renton that he said caters to low-income families and frequently bills tenants for costs above and beyond their deposits.

"Just about everyone that moves out of there gets a bill for four-figures in damage, and it's basically a cookie-cutter, corporate apartment complex," he said. "You have to use your imagination to find out how someone could do that much damage."

Dunn said he had a conversation with someone who works there, who he said made "derogatory" statements about the low-income people they service. Dunn declined to name the apartment because he has clients who are in ongoing negotiations with management at the complex.

A certified professional manager who works for a Seattle property management firm said oftentimes landlords and management companies can find extra money by expanding their definition of normal "wear and tear."

"When a landlord feels that they are responsible to return the owner as much money as possible, they are going to try to make sure that happens," he said.

"There are a lot of managers out there, landlords out there, who feel like they need to return to the apartment to like-new condition," said the manager, who asked to have his name withheld. "I have seen some landlords charge for the upgrading of a unit. It really comes down to how you define normal wear and tear."

Andrew Ackley, a Mercer Island-based attorney and expert in landlord-tenant law, said it is common for tenants to have complaints about how much of their deposit was withheld. He represents disgruntled tenants in court.

"I found there is a significant need for it and it is fun, frankly," he said of his work. "It's just something I like to do to help tenants level the playing field."

He said he realizes how important it is to some people that they get as much of their deposit back as possible.

"The deposit, for most people, is a significant amount of money," he said. "It's their month's food, it's their family's food, or it's their living space for a month."

Ackley said his parents have been landlords his whole life and taught him how renters are supposed to be treated.

"My parents were the type of landlords that left chocolates and flowers and stuff for their tenants on special occasions," he said. "I'm really familiar with how it is supposed to work, and how it ideally should work both for a landlord and tenant. It's a good system if it's fair.

"You can have a really good landlord-tenant relationship, but when it goes sour it's almost like a divorce."

An employee of KIRO Radio got into a battle of his own with a property management company after moving out in June. He complained that the company withheld $590.03 of his $1,000 deposit for charges he believed were normal "wear and tear."

In a letter, he told the company he was not required to pay for "touch up paint."

The property manger promptly refunded him $354, and wrote in an email that she was wrong to charge him for that service.

"My sense was they knew that they were wrong," he said. "They were hoping I wasn't going to complain."

He also took issue with a charge of $100 for what management said was two "repaired lights." While they would not specifically say what "repaired" meant, he assumes it was a charge for changing two light bulbs that may have burnt out.

He calls the charge "outrageous" and told the company that he will take them to small claims court simply on principle.

"It is so wrong and they're probably doing this to a lot of other people who need that extra $100," he said.

While not all renters have the money or the resources to take landlords to court over lost deposits, Ackley said it is important for those who do to stand up against "needless" and "greedy" withholdings.

If tenants and landlords are unable to resolve disagreements outside of court, he said small claims court can be an inexpensive option. It cost just $25 to file a claim.

He reminds tenants that landlords cannot keep a deposit unless a move-in checklist was completed. By law, renters must receive their deposit refund, along with an itemized list of deductions, within 14 days of move-out.

For a list of resources, visit the Washington Attorney General's website.

Brandi Kruse, KIRO Radio Reporter
Brandi Kruse is a reporter for KIRO Radio who is as spontaneous and adventurous in her free time as she is on the job. Brandi arrived at KIRO Radio in March 2011 and has already collected three regional Edward R. Murrow awards for her reporting.
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Comments (23)


  • Add A Comment

  • Normal Human wrote...
    PHOTOGRAPH EVERYTHING BEFORE AND AFTER!
    August 23, 2012 12:08 pm
    Photograph EVERYTHING in the pre-move in walk through! Make sure the property manager sees you doing it. Document EVERYTHING. It is so much easier now in the digital everything age. Photograph your rental apartment after you've cleaned it up and everything is out. Date stamp it. Save it. Make sure the manager knows you have digitally saved records of the apartment before and after you move. That should protect your deposit.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • drl wrote...
    "greedy landlords"
    August 23, 2012 12:15 pm
    So now do a story on the landlords who try to do the right thing and get taken by the tenants. It goes both ways. Good tenants/bad tenants. Good landlords/bad landlords.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Citizen of Krazy Town wrote...
    i once was charged $800 because I didn't clean the lint trap on the dryer
    August 23, 2012 12:43 pm
    I actually had a dated photo of the clean lint trap on my day of departure and sent it along with a threat to sue. I got all my money back.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ron prevost wrote...
    That's crazy, Krazy. must have been one heck of an expensive dryer.
    August 23, 2012 5:49 pm
    Might not have just settled for the deposit back. Sounds like your landlord crossed the line into fraud.

    But I've heard a lot over the years. Like one case where a tenant was refused her deposit for 'unauthorized' refreshing of the paint (same color - good job). There ARE laws to protect tenant rights.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Hayduke wrote...
    Citizen, you actually took that photo BEFORE the landlord assessed the fine?
    August 23, 2012 12:49 pm
    Wow, talk about covering your bases. You must have a crystal ball.

    I had a former landlord try to keep my deposit, when I had done no damage whatsoever. Poor thing, she never got around to making sure all the power, water, and sewer bills were in my name, and not hers. Payback's a b--ch!

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Citizen of Krazy Town wrote...
    Hayduke: It was in a photo of the entire laundry closet
    August 23, 2012 1:37 pm
    That I snapped after cleaning it out. I was lucky that the trap was laying on top of the dryer, clearly empty.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • William Lawn wrote...
    As a landlord for nearly 20 years
    August 23, 2012 2:23 pm
    I've never seen a tenant return the units to the cleanliness of when they moved in.

    I've got carpet in my own house that is nearing 20 years old and pretty much looks like the day it bought. Now, granted it was VERY expensive but most tenants ruin the carpet in a year or two.

    We plan on doing a 100% recarpet every change in tenant.

    They've even wrecked linoleum, thick expensive grade.

    How the heck do you that?

    Call me "greedy" but I expect a unit to be rentable, with very minor work, when it is returned to me by a one year tenant.

    They never are.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • It's me! Ha ha! wrote...
    As a lanlord myself.
    August 23, 2012 3:10 pm
    I do take pics and specify in writing and verbalize any issues that I see before the tenant moves in, the walk-through, and try to set up a time to do the final walk-through.

    "In as good as or in better condition at the time of move out is what I specify. "To "landlords satisfaction" is what I have documented and underlined many times of the rental agreement that they and agree on and sign. This will hold up in court and has for me!

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • gomariners wrote...
    Nightmare
    August 23, 2012 4:00 pm
    I had the landlord from he(ll). She would come in the apt then email us later saying I went in today... I moved from one apt to another, huge mistake. She charged me for things like a burned out light bulb, dusty shades. When I told her she had to put new locks on the new apt I moved into - per landlord/tenant law she asked me why my boyfriend wasn't around anymore and if that was why I wanted the locks changed. That if he was dangerous she had a duty to warn the other renters. According to the law that is normal wear and tear. Then she rented the apt advertising that the carpet was NEW. The new renters complained, she sent me a bill for a new carpet and every month I didn't pay she charged me 21% interest. The law says that she could only be reimbursed for a depreciated value of her 8 year old carpet. I only lived there for 7 months. A total psycho. Made up all sorts of her own rules and could not comprehend reality.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Chuck Gould wrote...
    Been a landlord for over 40 years, and never had a hassle over a deposit. Ever.
    August 23, 2012 4:19 pm
    Number one reason I keep a deposit? The tenant moved out owing some rent. The deadbeats never say a word about their deposit (you're just lucky if it covers what they owe).

    Other times that deposits have not been returned in full involved obvious damages like broken windows, walls or doors kicked in, huge burn holes in carpets (back in the day when I still rented to smokers), etc.

    Especially in a multi unit building, any landlord who screws tenants out of deposits is an idiot! Tenants will make sure their old neighbors know they got gypped out of their deposit when they moved out, and future move-outs won't make any effort at all to clean up. Why bother? A tenant who is sure he or she isn't going to get a deposit back might even break a few things to be sure they got their "money's worth".

    When somebody moves out, the cheapest thing a landlord can do is refund the deposit. Let the tenants know that you eagerly refund deposits when the place is left clean and undamaged- and more often than not it will be.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • maplefish wrote...
    Chuck
    August 23, 2012 5:43 pm
    You actually seem like the kind of guy that would be good landlord. Just as long as the tenant didn't have an opposing political view. LOL.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • sportsguru wrote...
    I have had 3 tenants in 10 years
    August 23, 2012 5:20 pm
    There was only one tenant that didn't get there deposit back. It was a muslim lady who ate curry all the time and they spilled curry through out the cabinets and stained all the cabinets and the whole house smelled like curry, I mean I had a professional cleaning company clean the cabinets twice and they still couldn't get the curry stains and smell out of the house, everytime I had new tenants walk thru the home, they would all say what is that smell and if we were going to get that smell out of the home. I had to spend $5k for new cabinets on a $1600 deposit. No, your not going to get your deposit back if I have to install new kitchen cabinets.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • diverphil wrote...
    Agree with drl
    August 23, 2012 6:53 pm
    I rented a small home in Ballard where I spent over 600 dollars of my own money fixing his home. There wasn't even an electrical outlet in the bathroom I installed for him. Upon moving out he kept my 1,500 deposit! I was beyond pissed. My landlord I've had the past 8 years is amazing. After my first year she actually dropped my rent 50 dollars a month for all the work she noticed I did. So it does go both ways. I couldn't be happier with my landlord I have know.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • C"mon Man wrote...
    Scary
    August 23, 2012 8:10 pm
    My roof leaked directly onto a hall light fixture, had strangers knocking on my door to bid on the house that was entering foreclosure and even the lender would sent out a courier to tape a court notice on the door directed at the owner, take a picture and leave., as opposed to seeking out the owners house and calling him out. My brother replaced the failed dishwasher after the owner said: "that it was not on him to replace it."
    { "Thumbs Up":"1","Thumbs Down":"-1" }
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