[WSBARP] Forfeiture of security deposit?

[HOWARD HERMAN]

RCW 59.18.280

Moneys paid as deposit or security for performance by tenant—Statement and notice of basis for retention—Remedies for landlord's failure to make refund.

(1) Within twenty-one days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.310> 59.18.310, within twenty-one days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement.

(a) No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises.

(b) The landlord complies with this section if the required statement or payment, or both, are delivered to the tenant personally or deposited in the United States mail properly addressed to the tenant's last known address with first-class postage prepaid within the twenty-one days.

(2) If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he or she shall be liable to the tenant for the full amount of the deposit. The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the twenty-one days or that the tenant abandoned the premises as defined in RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.310> 59.18.310. The court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorneys' fee.

(3) Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of the tenant's damage or security deposit for damage to the property for which the tenant is responsible together with reasonable attorneys' fees.

[  <http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/Senate/6413.SL.pdf?cite=2016%20c%2066%20%C2%A7%204;> 2016 c 66 § 4;  <http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/Senate/6239-S.SL.pdf?cite=2010%20c%208%20%C2%A7%2019027;> 2010 c 8 § 19027;  <http://leg.wa.gov/CodeReviser/documents/sessionlaw/1989c342.pdf?cite=1989%20c%20342%20%C2%A7%209;> 1989 c 342 § 9;  <http://leg.wa.gov/CodeReviser/documents/sessionlaw/1983c264.pdf?cite=1983%20c%20264%20%C2%A7%207;> 1983 c 264 § 7;  <http://leg.wa.gov/CodeReviser/documents/sessionlaw/1973ex1c207.pdf?cite=1973%201st%20ex.s.%20c%20207%20%C2%A7%2028.> 1973 1st ex.s. c 207 § 28.]

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of NC
Sent: Thursday, June 29, 2017 2:17 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Forfeiture of security deposit?

 



On Thursday, June 29, 2017, Jon Fritzler <FritzlerLaw at outlook.com> wrote:
> Calling all landlord-tenant gurus.
>
> Tenant broke a residential lease. LL returned most of the security deposit to tenant but now is claiming that in addition to being liable for rent until the property was rented again (which occurred before the lease would otherwise have expired) and for damages to the premises, the tenant also forfeited her otherwise refundable security deposit because she broke the lease.
>
> Rental agreement says: “All or a portion of such deposit may be retained by Landlord and a refund of any portion of such deposit is conditioned upon Tenant’s full and complete performance of the Terms and Conditions of this Rental Agreement and Chapter 59.18 of the Revised Code of Washington as now or hereafter amended.”
>
> I say that breaking the lease did not result in forfeiture of the refundable security deposit and the landlord is only entitled to its actual damages.  Who is correct?
>
>  
>
> Sincerely,
>
> Jon M. Fritzler
>
> Attorney at Law
>
> PO Box 61451
>
> Vancouver, WA 98666
>
> Tel. 360.818.4431
>
> E-mail fritzlerlaw at outlook.com
>
>  
>
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>  
>
>  
>
> Check the notifications by the landlord and if they were timely given.

-- 

Nicholas L. Clapham
(206)939-0262

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