[WSBAPT] RCW 59.18.260 - Security Deposit Question

Wed Dec 10 11:25:00 PST 2014

Hi Rob,

My experience in Thurston County is we don’t need a documented and signed move-out condition, just satisfy the statute as to specific reasons any funds are withheld and I typically attach a 3rd party bid to repair or replace and if needed a letter from them that the damage is beyond normal wear and tear. 

Regards,

             Tom

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Wednesday, December 10, 2014 11:00 AM
To: WSBA RPPT; wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] RCW 59.18.260 - Security Deposit Question

I was wanting to hear from some of the unlawful detainer gurus as to the below lease provision as it plays out against RCW 59.18.2 60.

I've had the situation a couple times previous where there will be a dispute with the tenant over the deposit and when I ask the my landlord clients to produce a copy of the fully executed property condition checklist that the landlord says I don't have one and that what I have is set forth in the lease.  Typically, something similar to what you see below in that the provision is tucked away inside of the lease as opposed to a separate document.

I'm of the school of thought that any time you have a security deposit dispute unless you have a fully executed separate document and you are timely on the 14 day letter that you should always return the deposit as small claims judges are legendarily tenant friendly.  (At least here in Spokane County)

Any thoughts on enforceability of the provision tucked away inside of the lease versus a separate written document?  I’d say the lease provision fails as it doesn’t fully comply with what is required in the statute.

Thanks.

RCW 59.18.260

Moneys paid as deposit or security for performance by tenant — Written rental agreement to specify terms and conditions for retention by landlord — Written checklist required.

If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the rental agreement shall be in writing and shall so specify. No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the premises. The tenant has the right to request one free replacement copy of the written checklist. If the landlord collects a deposit without providing a written checklist at the commencement of the tenancy, the landlord is liable to the tenant for the amount of the deposit, and the prevailing party may recover court costs and reasonable attorneys' fees. This section does not limit the tenant's right to recover moneys paid as damages or security under RCW 59.18.280 <http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.280> .

 Robert R. Rowley | Attorney at Law

505 W. Riverside Ave, Suite 500

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

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Email: rob at rowleylegal.com <mailto:rob at rowleylegal.com> 

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