[WSBARP] RCW 59.18.260 - Security Deposit Question

Wed Dec 10 11:00:01 PST 2014

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.

[image: cid:a7d437d5c07f488d869861e33792a1aa]

RCW 59.18.260Moneys 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

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