coffee spiller wrote:
Here is the letter I'm sending:
June 13, 2016
Dear Landlord,
I am writing to dispute the charge of $991.40 for replacing the carpet in unit 101. After consulting with multiple local attorneys specializing in landlord-tenant law, I am reasonably assured that I should only be responsible for paying a prorated amount for the percentage of the carpet’s expected useful life that remained when I moved out. Please see the attached email exchange between attorney Scott Kalkwarf and I (“ScottKemail.pngâ€).
RCW 59.18.280 provides in part that "No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises." By charging me the full replacement cost of the carpet, you are essentially charging me for years of ordinary wear. While I accept responsibility for staining the carpet, the overall pattern of damage included splitting at a seam and fraying at the intersection with the tile, which I suspect is consistent with normal wear and indicative of advanced age. 1UP Floors, the company who installed the replacement carpet as per the quote you sent, advised me that the new carpet is expected to “look good†for 5-7 years (see “1upEmail.png†attached). Assuming the original carpet was of comparable quality, and knowing that it was not new when I moved in (one of the pre-existing flaws noted when my tenancy commenced was a large, faint stain in the corner of the main living area), it must have been more than halfway through its expected “good looking†life by the time I moved out three years later.
If you can provide documentation of the installation date and expected useful life of the original carpet, I will immediately pay the appropriately prorated cost of replacing it. If you can’t find its expected useful life, I will accept an assumption of 7 years, consistent with the high end of the expected life of the new carpet, as the basis for proration. If you aren’t agreeable to this, I will have to dispute the charge and any collection attempt in small claims court. I repudiate the payment agreement you sent via email on 6/13.
Please take the time to research this and reply within one week to indicate whether you are agreeable to charging me a prorated amount.
I am sorry my tenancy ended on this note.
Coffee Spiller