[WSBAPT] Rent overpayment after tenant's death?

[Michael Geoghegan]

Hi All,

I have a question about RCW 59.04.020 (death of a tenant).

Decedent was on a month-to-month lease.  She died on June 17, 2021.  The sister (eventual PR) notified the landlord on June 18 of the tenant's death, removed tenant's belongings and left the place clean on June 25 (except a couch that was picked up July 3 at which time the sister left the last copy of the key in the mailbox). Landlord kept rent for all of July.

RCW 59.18.595(2)(c) (deceased tenant provision) states: "Within fourteen days after the removal of the property by the tenant representative, the landlord shall refund any unearned rent and shall give a full and specific statement of the basis for retaining any deposit together with the payment of any refund due the deceased tenant under the terms and conditions of the rental agreement to the tenant representative."

1. Is LL entitled to rent for all of July?

2. Can LL claim that notice was not adequately provided if the sister was not yet named the PR (she is legally a successor)?

-Michael




Michael Geoghegan
Northwest Strategy and Planning, PLLC
t: 206.353.5592
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