Thanks, the main thing right now is that I'm trying to determine a reasonable amount of time to give her to make the repairs without waiting to see what she did or didn't do in September. I am thinking to give her until 8/25/14 to make the repairs and if they are not done by this time we will send our contractors and bill her for the damages.
6. MOVE-IN FEE: Resident agrees to pay a non-refundable Move-In fee of ONE THOUSAND SEVENTY FIVE AND 00/100 DOLLARS
($1075.00) to Management before taking possession of the property. Upon notice of move out received by management, Resident will be supplied “Move Out Instructions” and “Schedule of Payments” which states the amount Resident will be paid for cleaning and repairs pursuant to agreement as offered by Management. This shall not be deemed Extra work but merely restoration of damages and cleaning attributable to the Resident. Payment shall be made within thirty (30) days after all occupants, have vacated property as agreed provided:
(a) Lease term has expired or agreement has been terminated by both parties; and
(b) All monies due Management by Resident have been paid; and
(c) Property is not damaged and is left in its original condition, normal wear and tear excepted; and
(d) Carpets, walls, floors, appliances, bathroom fixtures and other areas of the house have been cleaned and are ready for the new Resident. Resident shall provide proof that the carpets were professionally cleaned; and professionally treated for ticks and fleas, if detected or if pets were present; and
(e) Yard and shrubbery are neatly trimmed and leaves, trash and other debris have been removed from premises; and
(f) Written notice to vacate has been given Management at least 60 days prior to vacating; and
(g) Resident allows Management to show premises and post sign during 60 day notice period; and
(h) Resident has returned all keys to Management; and
(i) Resident has given Management his/her forwarding address; and
(j)Resident has paid all final bills on all utilities that have been his/her responsibility under this Agreement.
Fees due to Resident from the Schedule of Payments may be applied by Management to satisfy all or part of Resident's obligations, but such act shall not prevent Management from claiming damages in excess of any payment due. Resident agrees to pay Management eighteen percent (18%) per annum on the unpaid balance of any charges for rent, repairs or any other damages sustained by Management under the terms of this Agreement, that are not covered by work performed acceptable to management and that are not paid within seven (7) days after vacating premises. Regardless of amount of fee paid, Resident agrees to perform as outlined herein.
Based on WA State Law, it seems like I would be exempt from "deposit" rules since we call it a non refundable move in fee in the contract.
RCW 59.18.285
Nonrefundable fees not to be designated as deposit — Written rental agreement required — Remedies.
No moneys paid to the landlord which are nonrefundable may be designated as a deposit or as part of any deposit. If any moneys are paid to the landlord as a nonrefundable fee, the rental agreement shall be in writing and shall clearly specify that the fee is nonrefundable. If the landlord fails to provide a written rental agreement, the landlord is liable to the tenant for the amount of any fees collected as nonrefundable fees. If the written rental agreement fails to specify that the fee is nonrefundable, the fee must be treated as a refundable deposit under RCW 59.18.260, 59.18.270, and 59.18.280.
--50.47.xx.xx