Location: Washington State
I rented an apartment with my boyfriend, my Boyfirned moved out 8 months into the Month-to-Month lease, we gave notice to the LL and requested that he be removed fromt he lease. I continued renting the apartment for another 11 months. So I lived at the apartment for 19 months.
My LL did not give notice for retaining my deposit within 14 days and I notified them that I would be expecting a full refund of my $500 deposit. After much fighting as to the amount of my deposit for which the LL requested I provide a copy of my lease and a copy of the check I wrote. The LL finally said they would send me a check.
I recieved the check and a letter. The check was only for $250 not the full $500. The LL said in the letter this was becuase my Ex-boyfriend was on the lease so they were only giving 50% and considered that my portion of the deposit. However, they have not contacted or sent a check to my ex-bf doe what they said was his portion of the deposit.
The Check for the deposit was in my name and my ex-bf never put any money toward the deposit and only occationally contributed to the rent. But since he did live with me he needed to be on the lease. All rent checks were in my name not in his. Plus my LL was notified to take my ex-bf off the lease as he was no longer living there and had moved out. I cannot prove that my ex-bf had no contributions to the deposit or rent, the breakup got messy and he would be unwilling to testify on my behalf.
I can prove that the renting of the apartment was based on my credit and my income. My ex-bf did not have to provide a credit check or proof of income, I provided both to the LL.
So my questions are:
1. Can the LL split the deposit between the tenants like this?
2. Should I take them to Small Claims?
3. If I do take them to Small Claims do I sue for double the deposit per RCW 59.18.310, or do I only ask for the full amount of the deposit and if the court sees fit they will award me double the deposit?
I rented an apartment with my boyfriend, my Boyfirned moved out 8 months into the Month-to-Month lease, we gave notice to the LL and requested that he be removed fromt he lease. I continued renting the apartment for another 11 months. So I lived at the apartment for 19 months.
My LL did not give notice for retaining my deposit within 14 days and I notified them that I would be expecting a full refund of my $500 deposit. After much fighting as to the amount of my deposit for which the LL requested I provide a copy of my lease and a copy of the check I wrote. The LL finally said they would send me a check.
I recieved the check and a letter. The check was only for $250 not the full $500. The LL said in the letter this was becuase my Ex-boyfriend was on the lease so they were only giving 50% and considered that my portion of the deposit. However, they have not contacted or sent a check to my ex-bf doe what they said was his portion of the deposit.
The Check for the deposit was in my name and my ex-bf never put any money toward the deposit and only occationally contributed to the rent. But since he did live with me he needed to be on the lease. All rent checks were in my name not in his. Plus my LL was notified to take my ex-bf off the lease as he was no longer living there and had moved out. I cannot prove that my ex-bf had no contributions to the deposit or rent, the breakup got messy and he would be unwilling to testify on my behalf.
I can prove that the renting of the apartment was based on my credit and my income. My ex-bf did not have to provide a credit check or proof of income, I provided both to the LL.
So my questions are:
1. Can the LL split the deposit between the tenants like this?
2. Should I take them to Small Claims?
3. If I do take them to Small Claims do I sue for double the deposit per RCW 59.18.310, or do I only ask for the full amount of the deposit and if the court sees fit they will award me double the deposit?
