[WSBARP] Interesting Residential Landlord/Tenant Ren Assistance Issue
Kaitlyn Jackson
kaitlyn at dimensionlaw.com
Thu Apr 28 22:02:53 PDT 2022
I would mimic Maxwell's responses because the funds are ERAP funds. Had
they been mitigation funds - my answer would be different.
I would like to iterate very clearly that the statute on security deposits
is very clear. The 21 day clock is ticking and the delivery of the full and
specific statement of retention of any of the security deposit. It's a hard
and fast rule. Don't mess with it. As TT's new forwarding address so as to
"send whatever remainder exists of the security deposit." That new address
will be helpful. If they don't provide it - then send the letter to the
last known address (the property). RCW 59.18.280. In 2021, the law changed
and added the following language at the end of the statute"
" (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 th tenant is responsible
together with reasonable attorneys' fees. *However, if the landlord seeks
reimbursement for damages from the landlord mitigation program pursuant to
RCW 43.31.605(1)(d), the landlord is prohibited from retaining any portion
of the tenant's damage or security deposit or proceeding against the tenant
who terminates under RCW 59.18.575 to recover sums exceeding the amount of
the tenant's damage or security deposit for damage to the property.*"
*Kaitlyn*
On Thu, Apr 28, 2022 at 3:07 PM Maxwell Glasson <max at glassonlegal.com>
wrote:
> Interesting,
>
>
>
> Here are my thoughts in an out of order way:
>
>
>
> Any thoughts on what LL needs to do to document this so that they are
> protected from the possibility of allegations that LL acted improperly?
>
> - I would have LL enter into a termination agreement with TT where LL
> accepts TT’s offer of termination and surrender as of XX/XX/2022, that rent
> has been received through June, that LL accepts such rent as an early
> termination fee and releases TT from its obligations under the lease, and
> the date of the agreement shall be used to calculate the 21-day move-out
> accounting.
>
>
>
> Can LL consider the lease terminated and re-rent the apartment?
>
> - After the early lease termination agreement above, I think so.
>
>
>
> Does LL have a duty to refund any of the proceeds received from the rental
> assistance program?
>
> - I’d look at the wording of the agreement with the rental assistance
> program. That said, if it is worded like the KCBA/HJP’s Eviction Diversion
> and Mediation Program, I don’t believe so.
>
>
>
> If LL does have to refund the rental assistance proceeds, does LL have any
> obligation to refund the security deposit for any reason?
>
> - Minus any deductions, I would err on the side of “yes”.
>
>
>
> Does LL have an obligation to refund the security deposit even if they do
> not have an obligation to refund the rental assistance proceeds?
>
> - See above.
>
>
>
> Regards,
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC*
>
> 8 Boston Street, Suite 2 *Please note our new
> address.*
>
> Seattle, Washington, 98109
>
> (206) 627-0528
>
> max at glassonlegal.com
>
> www.glassonlegal.com
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *samuel at meylerlegal.com
> *Sent:* Thursday, April 28, 2022 11:20 AM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>; 'WSBA
> Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBARP] Interesting Residential Landlord/Tenant Ren
> Assistance Issue
>
>
>
> Listmates,
>
>
>
> Somewhat of a strange situation here. LL and TT have a one year lease
> that expires at the end of July of this year. Apartment is located in the
> City of Seattle. TT gets rent assistance. LL receives rent through the
> Eviction Rent Assistance Program specifically covering the months of March,
> April, May and June of this year. All is great!
>
>
>
> Last week, TT sends email to LL saying: I have moved out of the apartment
> and moved back home. Can I get my security deposit back?
>
>
>
> July, the last month of the lease, is not covered by the Rent Payment
> Agreement. LL did not, and has not, given notice or terminated the lease.
> TT provided no advance notice. TT simply abandoned the apartment even
> though they had another two-plus months of prepaid rent taken care of
> already.
>
>
>
> Can LL consider the lease terminated and re-rent the apartment? Does LL
> have a duty to refund any of the proceeds received from the rental
> assistance program? If LL does have to refund the rental assistance
> proceeds, does LL have any obligation to refund the security deposit for
> any reason? Does LL have an obligation to refund the security deposit even
> if they do not have an obligation to refund the rental assistance
> proceeds? Any thoughts on what LL needs to do to document this so that
> they are protected from the possibility of allegations that LL acted
> improperly?
>
>
>
> Thanks for your thoughts!
>
>
>
> Sam
>
>
>
>
>
> *Samuel M. Meyler*
>
> *Meyler Legal, PLLC *
>
> 1700 Westlake Ave. N., Ste. 200
>
> Seattle, Washington 98109
>
> *Tel:* 206.876.7770
>
> *Fax:* 206.876.7771
>
> *Email:* samuel at meylerlegal.com
>
>
>
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--
Thank you,
Kaitlyn R. Jackson, Senior Associate Attorney
Dimension Law Group, PLLC
*Office:* 206-973-3500│*Fax:* 206-577-5090
*Email: **kaitlyn**@dimensionlaw.com <http://dimensionlaw.com/>*
*www.dimensionlaw.com <http://www.dimensionlaw.com/>*
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