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June 3, 2008
Fairwood Lake Apartments
456 Marker Ave
Renton, WA 98777
To Whom It May Concern:
Although Essential Properties bears a good reputation, we are deeply saddened to contact you in regards to the move-out billing for unit A-304 at the Fairwood Lake apartments. The bill for $235.07 does not represent the actual work done to the unit in regards to the condition it was left in. After numerous phone calls and messages to the Fairwood Lake Apartments, we are still unhappy with these unfair and unlawful charges.
The first issue is in regard to the professional apartment cleaning charge of $80.00. According to the terms on the signed contract, as noted in the estimated cleaning and repair charges section, it states that the resident must leave the unit in the same or better condition as found upon move-in. The unit was left in cleaner condition than when we moved in. As noted by our move-in checklist (please see attached), the kitchen was dirty, the refrigerator was not cleaned, there was mold in the dishwasher, and an assortment of other problems. All of these items were cleaned before move-out, even though they were not cleaned before our residency. However, the only thing noted on the checkout list was only that we had forgotten to clean the oven racks. Based on the cleaning prices stated in the terms of the contract, at $10-29 an hour for cleaning costs, the average cost is $19.50/hour for cleaning. Knowing that it would not take more than an hour at most to clean oven racks, we would accept a charge of $19.50 for that.
Another issue with the current billing is that we dry-cleaned the carpets with a professional machine and dry cleaning system (we can provide a receipt). However, we were billed an additional $50 for professional carpet cleaning. When Jane questioned this charge, the assistant property manager, Krista, informed her that it is Washington state law that all units must be cleaned and re-painted before they can be re-leased. In talking with other landlords, from other properties, from multiple apartment companies, we have been informed that this is not a Washington state law at all. This leads us to question the fact that the carpets must again be cleaned. However, because stains were noted on the move-out sheet, we would like to see a receipt from the cleaning company stating that the unit’s floor was indeed cleaned a second time and that stains were removed.
A third issue with the billing is the painting charge. The unit was NOT freshly painted when we moved in, and we listed chips and marks on the paint on the move-in checklist. However, we have been presented with a $65.00 charge for in-house painting. Under the painting clause on the cleaning guidelines it states:
“If landlord determines that is reasonably necessary to paint all or part of the rental premises at the end of the Resident’s tenancy, other than normal wear and tear, Resident shall be charged for the cost of such painting.”
If there were damages to the walls and or paint, which would reasonably justify painting, then they should have been noted on the manager’s checkout list. None were noted on the move out sheet, except for the small bit of plaster located by the vanity that fell out where a nail was in the sheet rock (which falls under the category of normal wear and tear). According to the Washington State Landlord – Tenant Act (RCW 59.18), it is unlawful to charge for normal wear and tear.
A final issue with the billing concerns our deposit of $99.00 (see attached copy of check), which is not noted anywhere. The memo field of this check clearly states that the check was intended as a deposit, with the only exception noted that it was for unit A-303, the unit we were informed we would be occupying. We were later told when we signed the lease that we would be occupying unit A-304 instead. According to the Landlord - Tenant Act, all deposits are refundable unless otherwise noted. The lease does not specify that the deposit is non-refundable, nor does it specify that it is a separate fee that applies to any other purpose, excluding the condition of the unit. The only item noted in the leasing contract is that with a six month lease, the first month’s rent was free.
Jane called mid-March and spoke with an employee in the office, and asked what we needed to do before vacating the unit. The employee stated that all we needed to do was make sure the unit was clean and we shouldn’t have anything to worry about. Even though every effort was made to ensure the overall good condition of the unit, we are now faced with an unreasonable bill. We are highly disappointed with the management of this property and we feel that we have been misled and taken advantage of in both our good faith and good tenancy.
We feel that a reasonable billing would include:
Sincerely,
Michael Smith
Jane Smith
Attachments: Cleaning guidelines, Check-in form, Copy of deposit check, Copy of water bill, Copy of refund check, and revised final billing check.
Cc. Essential Property Management.