[WSBARP] Lease termination prior to end of term - fees for termination

[Kaitlyn Jackson]

Kelly -

RCW 59.18.260 generally states in pertinent part that "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.*"

Therefore, I think that if the LL intends to charge a fee and keep it out
of the deposit that the fee and the terms of its withholding needed to be
in the lease agreement.

However, even if it was in the lease agreement, I think your question also
depends on the city/municipality as some areas like Seattle and Tacoma have
put in even more stringent laws in place with regard to security deposits
and fees. So, even if RCW 59.18 allows it - I would be check the local
ordinances as well.

If it's not in the agreement or it's not allowed by a local ordinance,
there's nothing stopping LL from getting a signed agreement from tenant to
mutually agree to allow LL to withhold the amount in exchange for releasing
the tenant from the lease because technically, while a subtenant might be
allowed in the lease, LL is usually allowed to continue to hold tenant
liable to ensure new tenant complies with the lease terms.

Just my thoughts here.

Kaitlyn

On Fri, Sep 20, 2019 at 11:25 AM Kelly Pankiewicz <kelpank at gmail.com> wrote:

> Hello Listmates,
> In a residential LL/T situation, if the tenant seeks to terminate the
> lease and the LL agrees and finds a subsequent, suitable tenant at
> comparable rent to replace without any lag in occupation, may the LL charge
> a termination fee to the security deposit? Or if the LL were to charge such
> a fee, must it have been specifically outlined in the original lease
> agreement? Thank you.
> -Kelly Pankiewicz
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-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

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