Deposits

• RCW 59.18.253
• Sample Letter: Request for Holding Deposit Return

If a prospective landlord takes a deposit from you to reserve a unit before you move in, they must also provide you with a receipt and a written statement outlining the conditions under which that money is refundable. If you move into the unit, the landlord must credit the amount towards the security deposit or first month’s rent.

If you choose not to occupy the unit, the landlord may legally keep the holding deposit as long as it follows the conditions laid out in their written statement. If a landlord violates these requirements, they may be liable for the holding deposit amount, as well as a penalty up to two times the amount of the deposit, court costs and attorneys’ fees.

The landlord may not withhold a deposit or fee from a tenant with a Section 8 (Housing Choice) Voucher if the unit fails a tenant-based rental assistance program housing inspection by a qualified inspector. The landlord may also choose to no longer hold the unit for a Section 8 renter if the housing inspection did not occur within 10 days of the collection of the fee or deposit. If the unit fails inspection, after notifying the tenant that the unit did not pass, the landlord must promptly refund the deposit or fee to the tenant by mail with prepaid postage.

• RCW 59.18.260
• Move-In/Move-Out Inspection Checklist: HUD

In order to legally take a deposit from a tenant, the landlord must provide a written checklist that details the conditions of the unit at the beginning of the tenancy. The checklist must be signed by both the landlord and tenant. It must contain a detailed list of the conditions of the property, including the structural components, flooring, windows and all appliances supplied by the landlord. Tenants have the right to request one free replacement copy of the checklist. You can see a sample checklist at Move-In/Move-Out Inspection Checklist.

If the landlord takes a deposit from you but does not provide a written checklist, the landlord is liable to you for the entire amount of the deposit. However, this may not prevent them from still attempting to charge you for damages. Scroll to our Deposit Negotiation section below for information on how to pursue your landlord for the return of your deposit money.

• RCW 59.18.260

Verbal rental agreements are valid in Washington State, but landlords must give tenants their rental agreement in writing in order to collect a deposit. The rental agreement must state the terms and conditions under which the deposit is refundable, as well as where the deposit is being held. You may be able to argue that your deposit has been withheld illegally if the landlord does not provide you with a written rental agreement and does not return your deposit.

There is no limit on how much a landlord can charge for a deposit. Often landlords will ask for an extra deposit if you have less than perfect credit. Navigate to our  Housing Search webpage for more information. If you negotiate a monthly payment plan for the deposit to spread out the costs of moving in, be sure the plan is in writing. It is very important to always get receipts for money you pay to the landlord. If you don’t have documentation, the landlord could claim you never paid your deposit.

• RCW 59.18.285

The landlord can legally charge you fees to move into a unit. The most common fees are for cleaning. However, fees must be specifically designated as nonrefundable and cannot be considered deposits. Under the law, deposits are by nature refundable.

If your landlord declares a portion of the deposit as nonrefundable, or does not specifically designate a fee as nonrefundable in the rental agreement, the fee is to be treated as a refundable deposit. In addition, if the landlord charges you nonrefundable fees and does not provide you with a written rental agreement, the landlord is liable for the return of those nonrefundable fees.

• RCW 59.18.130 (10)

The landlord cannot charge you for normal cleaning after you vacate if you already paid a nonrefundable cleaning fee when you moved in. However, if the unit required extra cleaning due to tenant-caused damage, the landlord may be able to charge you for additional cleaning costs.

• RCW 59.18.270

The landlord must hold your deposit money in a trust account and provide you with the name and address of the financial institution. The landlord is legally entitled to any interest earned on the deposit money unless another agreement is reached between you.

If the property is sold, your deposit money should be transferred from the old owner to the new owner, who must provide the name and address of the financial institution where the money is being held. You may want to check with your new landlord to ensure that the deposit money has been transferred.

• RCW 59.18.130
• RCW 59.18.060

Tenants in Washington State are responsible for returning the unit to the condition it was in at the beginning of their tenancy, not including normal wear and tear. This includes repairing or covering the cost of repairs for anything damaged in the unit by the tenants or their guests. It is important to document repair concerns not only to get them fixed, but also to protect yourself against a landlord’s claim that you caused the problem.

The tenant is not responsible for damage to the unit resulting from the landlord’s negligence. However, if a tenant never notified a landlord of a small leak that over a long period of time damaged the unit, the tenant will likely be liable for resulting damage. As such, it is critical that all issues with the rental be reported to the landlord immediately in writing. Keeping a copy of any repair letters can help protect tenants from such charges. Navigate to our Repairs webpage for more information on documenting repair concerns.

• RCW 59.18.200
• RCW 59.18.220
• Sample Letter: Notice of Intent to Vacate

The Landlord-Tenant Act requires that month-to-month tenants give landlords at least 20 days’ written notice before vacating their units. If you are unsure about what kind of rental agreement you have, navigate to our Rental Agreements webpage for more details.

The landlord must receive written notice of your move-out date 20 days before the end of the rental period. For example, if your rent is due on the first of the month, and you plan to vacate by the 30th, then the landlord must receive your written notice by the 10th of the month.

Be sure to get proof that you sent your notice to vacate by sending it certified mail and regular first class mail, and keep a copy for your records. If you do not give your landlord proper 20 days’ written notice, or if you stay longer than the date you gave notice, your landlord can charge you for the following month’s rent.

Be sure to provide a valid forwarding address to your landlord to send your deposit statement and refund. If you don’t have a secure new address, or do not wish to disclose your new address, you can provide the address of a reliable friend or relative.

It’s a good idea for you to document the condition you leave the unit in when you vacate. This will be your proof in case the landlord charges you for extra cleaning or damages you did not cause. One way to document is to take detailed photographs of the unit before you leave. Put a copy of the day’s newspaper in each frame to prove the date it was taken (Small Claims Court judges will often not accept camera date stamps because they can be tampered with). You can also ask the landlord to do a walk-out inspection with you, though they are not legally required to do so. You can also ask neighbors, friends or professional movers to provide written documentation as to the condition of the unit upon move out.

• RCW 59.18.280

The landlord has 21 days, from the time the rental agreement ends and the tenant vacates the unit, to postmark the return of the deposit or send a written statement detailing how the deposit money was used. The correspondence must be postmarked by the 21st day, so it is a good idea to keep the envelope it was mailed in.

*Rental agreements enacted prior to June 9, 2016 may be subject to older legislation and a different timeframe for deposit return. Please contact Solid Ground’s Tenant  Services Message Line for more details.

The landlord must send the letter or deposit check to the forwarding address you provided them or to your last known address (usually the property you just vacated). If they do not return the deposit money or a statement detailing why it is being withheld, the landlord is required to return the entire amount of the deposit. The law says that a Small Claims Court judge may order a landlord to pay up to two times the amount of the deposit if the landlord intentionally refused to refund the deposit or send a written statement.

• RCW 59.18.130 (10)
• RCW 59.18.280
• RCW 59.18.060
• Guide to Damages and Normal Wear and Tear

Landlords can legally charge for any damages to the unit caused by tenants or the guests of tenants. There is no specific standard for how much the landlord can legally deduct from a deposit for any damage. Tenants are required to return the unit to the condition they found it in when they moved in, not including normal wear and tear. Normal wear and tear is not defined in the Landlord-Tenant Act. Tenants can argue that wear and tear will be greater over time, and that it includes all normal uses of the premises. For example, wear and tear of carpet in a unit that a tenant has lived in for six years will most likely be greater than wear after six months.

The rental agreement should also detail what the deposit can be used for. Common deductions include damages, cleaning costs, unpaid rent or fees, or utility bills. See Guide to Damages and Normal Wear and Tear.

If the deposit statement is specifically itemized but the deductions seem very high, a tenant can call local contractors and try to get estimates for those types of repairs. For example, if the written statement from your landlord says “$500 for a broken light switch,” the tenant can try to get something in writing from local electricians stating whether that is a reasonable charge for rates in the area.

Consider the following questions to determine whether your deposit has been illegally withheld:

• Did the landlord provide you with a move-in checklist?
• Did you pay a nonrefundable cleaning fee when you moved in?
• Did the landlord designate a nonrefundable fee as a deposit?
• Did the landlord send a written statement to you regarding your deposit within 21 days from when you vacated?
• Is the landlord charging you for normal wear and tear or for damages you did not cause, or for pre-existing damages?
• Is the landlord charging you above what is reasonable to make a repair (for example, charging $100 to replace a light bulb)?
• Did the lease require you to pay for professional cleaning?

• Sample Letter: Request for Holding Deposit Return
• Sample Letter: Deposit Return
• Can I Get My Security Deposit Back?: Washington LawHelp
• Demand Letter for Return of a Rental Security Deposit for Washington: LawHelp Interactive website

A demand letter is a letter asserting your rights to demand the return of your deposit under landlord-tenant law. There is no specific legal language you need to use in a demand letter to your landlord. However, it is a good idea to cite relevant state laws to claim that the landlord is withholding your deposit money illegally or unreasonably. You can set a reasonable deadline for a response from them. You may also decide to tell them that you will pursue legal action if the landlord doesn’t comply. Sample Letter: Request for Holding Deposit Return is an example, but keep in mind that each situation is different and it is up to you to tailor the letter to best meet your particular needs.

See Resolution Washington for more information on mediation and how it can work for you to resolve landlord-tenant problems. Mediators will also be available on the day in court if you file in Small Claims Court – and if both you and your landlord agree to participate.

• Small Claims Court in Washington State: Washington LawHelp
• Can I Get My Security Deposit Back?: Washington LawHelp
• King County Small Claims Court Information

Small Claims Court is a common way for tenants to collect money judgments against their landlords. Bring documentation to present to the court as evidence. It’s up to the judge to evaluate the strength of your documentation and case. You can still go to court even if you don’t have documentation, but keep in mind that judges make their decisions based on the “preponderance of the evidence.” A great deal rests on the Small Claims Court judge’s discretion.

If only the deposit is in dispute, then often Small Claims Court can be a good option. But if the tenant has other back debts with the landlord, this can open them up to a counter-lawsuit (for example, unpaid rent, utility bills, legitimate damages to the unit, or if the tenant failed to give proper notice to move out).

If the court decides that the amount of money owed to the landlord is more than the deposit, the tenant may not get the deposit back and sometimes may end up owing more with a money judgment against them.

A judgment against you can impact your ability to obtain future employment or housing, and might damage your credit score. Navigate to our Legal Assistance Guide to speak to an attorney to weigh these many factors.

If a demand letter doesn’t result in a refund, sometimes the mere filing of a lawsuit against the landlord will become incentive enough to return the deposit. Always keep in mind that your total claim against your landlord for the deposit could be awarded double, at the judge’s discretion, for the intentional refusal of your deposit within the 21-day timeframe. Every situation will vary, and it will be up to you to determine what the best approach is.

RCW 59.18.280 states that the landlord has 21 days – from the time the rental agreement ends and the tenant vacates the unit – to postmark the return of the deposit or a written statement detailing why portions of the deposit were withheld. The correspondence must be postmarked by the 21st day.

The landlord must send the letter or deposit check to the forwarding address you provided them or to your last known address (usually the property you just vacated). If they do not return the deposit money or a statement detailing why it is being withheld within that timeframe, they have waived their right to keep the deposit.

The law says that a Small Claims Court judge may order a landlord to pay up to double the deposit amount if they intentionally refused to provide the written statement or deposit. This is why it’s important to keep documentation that you notified them of your forwarding address. The forwarding address can be to your new home or the address of a trusted family member or friend.

Yes. The ability for a landlord to charge damages is a completely separate legal issue from whether the landlord appropriately handled the deposit. Regardless of the status of the deposit, the landlord is legally entitled to pursue a tenant for damages (either actual or unfounded claims). The landlord may decide to pursue this matter in Small Claims Court, hire an attorney, or refer the matter to a collection agency.

More often than not a landlord will send you to collections for debts not covered by the deposit. If the collection action proceeds, this will greatly harm your credit and limit your future housing and employment opportunities. Other landlords can use your credit record as a determining factor in whether or not to rent to you.

If you disagree with the amount owed, always write a letter of dispute to the collection agency. Send the letter within the first 30 days you hear from the collection agency in order to preserve all your legal rights. It is important that you do not ignore collection notices. Please see Sample Letter: Disputing a Debt with a Collection Agency or Washington LawHelp’s Debtors’ Rights: Dealing with Collection Agencies.

Take a look at the lease to see what specific requirements, if any, the landlord has upon move-out. If you signed a lease agreeing to professionally clean the carpets, you may be charged for it if you don’t comply. If the lease doesn’t have specific requirements, it defaults to the state law, RCW 59.18.130 (10) which requires renters to return the unit to the condition it was in upon move-in, not including normal wear and tear.

The landlord may charge for carpet cleaning or painting if there are damages caused by the tenant beyond normal wear and tear. Providing documentation of the condition of the unit may be useful in the case that the tenant and landlord disagree whether the damages were normal wear and tear or caused by the tenant.

Landlords regularly collect security, damage, and pet deposits. Some landlords also collect deposits to hold a unit for a prospective tenant. Landlords must provide a written agreement that states the amount, terms and conditions under which this money is refundable.

A security deposit is a deposit to secure fulfillment of all the terms of a lease. A damage deposit can be used to cover the cost of physical damages to the unit caused by the tenants or guests of the tenants, and may also be used to cover any monetary damages against your landlord as a result of the tenancy, such as unpaid back rent. Look to the written rental agreement to see exactly how your landlord intends to use the deposit money you paid when you moved into the unit. RCW 59.18.260 states that the rental agreement must specifically state the terms and conditions under which the deposit money is refundable, and the landlord can only deduct money in accordance with those terms and state laws.

• RCW 59.18.310
• RCW 59.18.230
• RCW 59.18.200

Generally, the landlord cannot require you to forfeit your entire security deposit. The rental agreement cannot include a provision that automatically forfeits a security deposit for a violation of the rental agreement. (Keep in mind that a lease that ends at its term, such as a one-year lease, does not require either party to give notice.)

Many times a lease will state the tenant waives a refund of their deposit if they fail to give the proper 20-day termination notice when they vacate the unit. This language may be an illegal waiver of your rights under the landlord tenant act. Under RCW 59.18.230(2)(a), the law prohibits a lease to include language that could waive those rights.

If a tenant is on a lease and terminates early or without proper notice, the tenant will likely be liable for the rent for the remainder of the rental period or until the unit is re-rented, whichever comes first. The landlord has a duty to make a good faith effort to re-rent the unit, but beyond that, there are no specific requirements for the effort the landlord must put into finding a new tenant.

RCW 59.18.260 requires that in order to collect deposits from tenants, landlords must put the rental agreement in writing and include the terms and conditions under which the money is refundable. It also requires that the landlord provide a written statement detailing the condition of the unit upon move-in. If the landlord collects a deposit without providing the written checklist to the tenant at the beginning of the tenancy, the landlord is liable to the tenant for the amount of the deposit.

You can negotiate with your landlord or pursue a Small Claims Court lawsuit against them to recover your money if it is not refunded to you after you move out. If the landlord does not provide you with a written rental agreement at the commencement of tenancy, and does not return your deposit after you vacate, you may be able to argue that your deposit has been withheld illegally.

A tenant is entitled to pursue the return of deposit money from the landlord under both RCW 59.18.260 and RCW 59.18.280.

There are currently no state laws restricting the kind of fees a landlord can charge a tenant at move-in, nor is there any limit on how much those fees can be. Look to your rental agreement to see what kind of fees the landlord charges. However, RCW 59.18.140 requires that tenants follow all rules of tenancy that are reasonable.

You may be able to argue that excessive fees are beyond what is reasonable for a landlord to charge. For instance, $100-a-day late fees or a $300 monthly fee to rent a washer and dryer might be considered excessive.

In general, if you have the option, do not sign a rental agreement that has any terms or conditions that you are unwilling or unable to conform to. It is much more difficult to argue against a rule of tenancy once you are committed in a lease.

RCW 59.18.285 says that fees must be specifically designated as nonrefundable and cannot be considered deposits. Under the law, deposits are by nature refundable. If your landlord declares a portion of the deposit as nonrefundable upon move-in, or does not specifically designate a fee as nonrefundable in the rental agreement, the fee is to be treated as a refundable deposit.

In addition, if the landlord charges you nonrefundable fees and does not provide you with a written rental agreement, the landlord is liable for the return of those nonrefundable fees.

While there is no law specifically requiring that the landlord show receipts for contractors’ fees or parts for repairs that were deducted from your deposit, tenants still have the right to ask. However, the landlord must provide a tenant with a specific statement that itemizes what the deposit money was used for under RCW 59.18.280. The statement cannot be a general lump sum, or simply state “no refund.”

There is no legal standard for normal wear and tear. Tenants can argue that wear and tear will be greater over time, and that it includes all normal uses of the premises. Again, documenting preexisting damages and taking pictures after moving out is the best practice to distinguish wear and tear from damage. See Guide to Damages and Normal Wear and Tear for more information.

No. You may still negotiate with your landlord and pursue Small Claims Court for the return of your deposit. Some common reasons why tenants ask for their deposits back are: the damages were preexisting, the damages were not caused by tenants or tenants’ guests, the charges are unreasonably high (see above, “What kinds of fees can the landlord charge me?”), or the damage is actually normal wear and tear.

The landlord may charge you for damages costing more than the amount of your deposit. RCW 59.18.060 says that a landlord cannot be held responsible to cover the costs of damages caused by tenants or their guests. You may contest these charges if the damages were preexisting or were not caused by you or your guests.

Tenants may still pursue the return of their deposit if the landlord did not get a written response to them within 21 days, or if the landlord did not perform a written checklist upon move-in. The law does not prohibit a landlord from pursuing damage charges. See Washington LawHelp’s Debtors’ Rights: Dealing with Collection Agencies document for more information on how to dispute a debt from a landlord.

If the statement is specifically itemized but the deductions seem very high, a tenant can call local contractors and try to get estimates for those types of repairs. For example, if the written statement from your landlord charges you $500 for a broken light switch, the tenant can try to get something in writing from local electricians stating whether that is a reasonable charge for rates in the area.

While cashing a deposit refund check does not explicitly waive your rights to continue to dispute the landlord’s use of the remainder of your deposit, it may be a good idea to say so in a letter to the landlord before you cash the check. You may also write on the check, “Cashing of check does not waive claim for additional amounts due.”

In the case that the landlord writes, “Cashing of this check constitutes full satisfaction and/or waiver of all actual or potential claims” or a similar phrase on the check, you can cross out this language and write in language similar to above. Ultimately, it would be ideal for you to wait to cash the check, though it may not have any legal impact.

RCW 59.18.270 requires that the landlord must put all security or damage deposit money into a trust account, a bank or licensed escrow agent in Washington state. The landlord must provide the tenant with a written receipt for the deposit and the name and address of the depository, as well as inform the tenant of any change to the depository.

No. The landlord gets to keep all interest garnered from deposit money unless otherwise agreed upon, as detailed in RCW 59.18.270.

In RCW 59.18.270, landlords are required to transfer deposit money to the new landlord. That landlord must then provide the tenants with the name, address and location of the financial institution where the money is being held.

• RCW 59.18.270

If the property goes into foreclosure and is sold at an auction, the old owner must refund the deposit back to the tenant or transfer the deposit to the new owner of the property. If the old owner fails to do either, they can be liable to the tenant for twice the amount of the deposit, court or arbitration costs, and attorneys’ fees.

Your landlord may agree to apply your deposit towards your rent, but it is very uncommon and they are not legally obligated to do so. Usually the landlord will want to use your deposit for possible damages to the unit first, and then begin an eviction action against you to compel you to pay the rent. If that doesn’t work and you move out, the landlord may use it for back rent if your lease states this is a valid use of a security deposit.

Last month’s rent payments do appreciate in value over time, and the landlord does have the right to collect the difference. Let’s say you moved into a unit 10 years ago and paid $500 for your last month’s rent. If the rent had been raised to be $650 a month by the time you moved out, your landlord could charge you the difference in the last month you live in the unit.

• RCW 59.18.280
• RCW 59.18.310

It depends. The landlord must send a written accounting of how they used the deposit money within 21 days after they learn you abandoned the unit. Look to the lease to see the specific terms and conditions under which the deposit is refundable. The landlord can generally use the deposit towards any unpaid rent or any damages the tenant causes to the unit during their tenancy.

RCW 59.18.310 allows the landlord to only mitigate damages caused when the tenant broke their lease. Damages include any lost rent and the cost of advertising the unit for re-rental. If your landlord tries to charge you more than their actual damages, or continues to charge you rent in addition to taking your deposit or charging you a termination fee, you could argue that the landlord is attempting to penalize you.

The law does not allow landlords to penalize tenants above and beyond the mitigation of damages for loss of rent when a tenant breaks their lease. However, it is unclear how the courts will interpret this law. Speak to an attorney for more information and advice on your specific situation.