Lawsuit says landlord sought $11K in move-out costs, rent, fees from low-income tenant
A 39-year-old mother of three has sued a Pierce County landlord who sought more than $11,000 in move-out costs, back rent and other fees from her in 2019.
Melissa Moore was a Section 8 tenant at the Mark Twain Apartments in Tacoma, her lawsuit said.
“The issue here is these landlord debt cases and how they create barriers to Section 8 tenants, lower income tenants and their ability to obtain housing after they get hit with this,” said Chris Brunetti, an attorney with the Northwest Justice Project who is representing her. “... This particular case is so egregious because our client was at the end of her lease term anyway.”
Neil Dial, an attorney representing the company, said in a statement: “Mark Twain Apartments and Premier Residential take their duties and obligations seriously. Their primary mission is to provide quality, affordable housing for all of their residents.”
Dial went on to say that his clients “strongly disagree with the claims that have been alleged, and should litigation proceed, they will vigorously oppose those claims. I can also share that both before the filing of the suit, and since, Mark Twain Apartments and Premier Residential have made good-faith efforts to try and settle with Ms. Moore, and we continue to remain optimistic that the parties will be able to resolve their differences amicably.”
Moore’s lawsuit gave this account of what happened:
Moore moved out by Oct. 14, 2019, after which she got a security deposit statement from the company with more than $11,000 in charges. Subtracting her deposits, it said she owed about $8,450.
Her lease started in February 2019. In September of that year the company filed an unlawful detainer action against Moore, and the next month there was a judgment of about $3,300 against her for the August, September and October rent, utilities, late fees and other costs.
“They do have a valid judgment, that’s something that we certainly acknowledge, but it’s these move-out costs that they have tacked onto that,” Brunetti said.
A re-letting fee was listed as $1,500, and a security deposit forfeiture fee was also $1,500.
“At the end of Plaintiff’s tenancy, Defendants failed to return the security deposit,” the lawsuit said. “Instead, Defendants charged Plaintiff a security deposit forfeiture fee, a reletting charge, and damages, which, upon information and belief, exceed the actual and reasonable costs incurred by Defendants in finding and processing a replacement tenant, and to restore the premises to its initial condition ... .”
Some payments made on her behalf by the Tacoma Housing Authority hadn’t been noted.
About $2,200 of the charges on the statement were “move-out fees.” A sheet documented those costs for each room.
For instance, in the kitchen:
$35 because the floor needed cleaning
$128 because the walls/ceiling needed painting
$10 to clean the windows
$15 to clean blinds
$15 to clean screens
$25 to clean counters
$76 to paint cabinets
$89 to clean and repair drawers
$5 to clean the thermostat/heater
$10 to clean electric fixtures
$15 to clean the sink/faucet
$15 to clean the sink area
Cleaning the various parts of the refrigerator, oven and dishwasher was an additional $273.
“Our position is that the rental was left in good condition and clean,” said Adison Richards, another attorney with the Northwest Justice Project who is representing Moore.
The company sent the debt to a collection agency, her attorneys said.
“Upon information and belief, Defendants have a policy of referring charges, fees, and/or penalties that are not legally due to collection agents for the purpose of pressuring former tenants to pay amounts that are not legally due,” the lawsuit said.
That can make it difficult for someone to find another landlord willing to rent to them, the attorneys said.
“Defendants’ pattern or practice has had and continues to have a devastating effect on the local community, contributing to the number of low-income individuals, like Plaintiff, who are homeless, at risk of becoming homeless, living in transitional housing, and/or otherwise unstably housed,” they said.
