[WSBARP] [WSBAPT] RCW 59.18.260 - Security Deposit Question

Thu Dec 11 07:15:56 PST 2014

Good morning Howard,

I thought you’d already be in Phoenix snowbirding for the season.  For you
westside practitioners - Howard Herman is one of those great lawyers who
have a very low bar number and is always a pleasure to litigate against.
Always learn something from Howard.  He can prevail in litigation and still
make you feel good.

I respectfully disagree with you as to the need to have mathematical
precision when calculating damages on the security deposit disposition
form.  One common reason why the landlord would not be able to get
mathematical precise damages is that 14 days goes awfully quick when a
tenant moves out on a Friday night and the landlord that has to take
possession until Monday and then locates contractors to come and give them
a bid. – try getting 2 or 3 bids and the timeframe increases
exponentially.  This is especially true with out-of-state landlords who
don’t know anyone and are having to ask around/do research to locate a
reputable contractor.

As I mentioned before, I agree with you that the lease provision that I
cited below was noncompliant.  I've already advised my landlord client
accordingly.

Have a great winter and I will see you in the spring.

*Robert R. Rowley* | Attorney at Law

505 W. Riverside Ave, Suite 500

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com

*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Jane Bitz
*Sent:* Wednesday, December 10, 2014 5:06 PM
*To:* WSBA Probate & Trust Listserv
*Subject:* Re: [WSBAPT] RCW 59.18.260 - Security Deposit Question

Thanks, Howard!

My son had a Pullman landlord charge him $6.00 x 12 for each outlet cover
in his apartment to be replaced by a licensed electrician. He accepted the
remaining deposit money and signed off on the “damage report” before
telling me. Bad landlord.

Jane Bitz.

*From:* wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>]
*On Behalf Of *hhherman2
*Sent:* Wednesday, December 10, 2014 4:40 PM
*To:* 'WSBA Probate & Trust Listserv'
*Subject:* Re: [WSBAPT] RCW 59.18.260 - Security Deposit Question

Hi Rob.

Your lease para 31 does not comply with the statute by a mile. Maybe two
miles. You won’t get one of those past me without a fight.

Your landlord doesn’t even have a check list. The statute requires the
landlord to produce one at the request of the tenant. “The tenant has the
right to request one free replacement copy of the written checklist.”

Para 31 is not even a shadow of what is required by the statute and it is
buried in the boilerplate of a printed document.

The statute requires “a written checklist or *statement **specifically**
describing” a number of specific items. *

As to the appellate case, The landlord’ estimate $X has to be weighed
against the tenant’s estimate “none”.  I see no reason for the landlord not
to know precisely the amount of damage if he has any intention of making
repairs. When I wear the black hat and have to prepare pleadings for the
landlord, I nearly always have that argument with the landlord. Often the
landlord has no intention of making repairs. I am glad Neil is taking it up.

See you in court.

Howard Herman

*From:* wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com <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.

[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

505 W. Riverside Ave, Suite 500

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com

Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.

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