Here's what I wrote. I'll pass it by some trusted eyes tomorrow, then out it goes. Your comments welcome.

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14 October 2008

[Landlady],

To reiterate and expand upon the content of our phone conversation on Monday, October 13, 2008:

You asked if I had the curtains that belong with the apartment. The curtains were packed with my other linens, and when I find them, I will send them back to you. Your suggestion that I drive from Arlington to Vashon to drop them off does not work for me given my work schedule, the distance, and the needs of my family. As I told you on the phone, I will send them if or when I find them. I understand that you need to charge me for them, since they are not in the apartment now. That is acceptable to me. Should I find the curtains and send them to you, I would expect reimbursement of any monies you have withheld for the curtains.

You then discussed with me your concerns about the missing screws from the propane stove flue. I assured you that I had not, in the span of my tenancy, ever used the stove, as I did not have propane service to the unit. I further explained that it was unlikely that someone had broken into the apartment via the third-floor deck and committed vandalism, as you had postulated. My house sitters do not know anything about the stove, as they did not use it, either. I cannot give you resolution on this issue, as I have no information regarding the screws.

Additionally, you discussed the various costs associated with the condition in which the apartment was left. Specifically, you indicated that you would charge for:

- cleaning the apartment
- the cost of the heating inspector to check the stove
- replacement of the curtains

You also said you “would have been more negotiable” had I left the apartment in better shape. I rebut that statement; when I discussed my departure with you, you very clearly indicated that you would not be at all flexible concerning any stipulation of the lease.

Lastly, you reiterated that I owe you the rent from October first through October 20th, given that I did not give you a full twenty days’ notice from the start of the next rental period. I informed you in a letter dated September 16 that I would be out on September 30, a span of 14 days. Realizing that my family’s circumstances required that I move immediately, and that this was likely inconvenient for you, I offered to pay you the additional 6 days to make a full twenty days. If you had wanted to be flexible, this would have been the time. However, you chose not to respond to my request for understanding and compassion in that matter.

I do not agree that a landlord and tenant cannot amend a rental contract, as you believe. In fact, any two parties can amend a legal agreement at any time in any way that is mutually agreeable. Your fear that others would sue you should they find you had renegotiated my lease is extreme, and highly unlikely to occur.

You insist that there is no leeway in the lease agreement process. If I follow your logic, then there is also no leeway in your responsibility to maintain the premises in a safe and livable condition. For several reasons, you have not fulfilled this responsibility:

- The apartment is not reasonably weathertight, a requirement outlined in RCW 59.18.060 (3). I brought this to your attention in the winters of 2006 and 2007, noting that I could feel air coming through the floorboards from the gutted apartment below. When I brought it up again this fall, your only remedy suggestion was that I call King County permitting and ask them to sign off on your building permits so that insulation could be put in the ceiling below my floor. This is not a reasonable response to my concern that, for the third winter in a row, I could feel cold air coming up from the apartment below. The half-inch holes in the floorboards in the bedroom of unit 4 allow a clear view into the workspace below. This certainly does not qualify as “weathertight”, since the unit below is not itself weathertight.

- I went without water for eight and a half days last winter when the water pipe serving my unit was broken, in contradiction with RCW 59.18.060, (10). You brought me water for one day, and did not offer me rental or other reimbursement for the inconvenience of hauling water from Puget Sound to flush my toilet (this was your suggestion). Offering a room in your basement is not an adequate substitute for providing me full use of my premium apartment.

- The premises are not clean, with scattered construction debris and plants overgrowing pathways used by all tenants to access the laundry and storage area in contradiction of RCW 59.18.060 (8). When I brought up the overgrown landscaping, you replied that you had recently mowed. However, the path was not passable using the walkway stones intended for that purpose.

As you can see, we could continue to argue about the circumstances under which I vacated the apartment or about who broke what part of the rental contract. This seems unnecessarily complicated and petty. It would seem the best course of action would be for you to keep my full deposit and move on to finding another renter. I am certain that neither of us wants to waste further resources to argue over a relatively small amount of money.

Respectfully,

[Scout].