Legal Question in Landlord & Tenant Law in Washington

Is email valid for deposit disposition?

I am a landlord. At move-out, the tenant requested I send the deposit disposition by email, and also provided a forwarding address. There was a lot of damage. As I had out-of-state travel commitments from the 6th to the 15th, I got estimates from contractors and sent the deposit disposition by email on the 11th of the next month, then sent it by USPS on the 20th, after my return home. Now the former tenants are complaining because the paper documents were postmarked on the 20th, even though they acknowledge they received the email version on the 11th. I may have to sue to recover damage costs beyond their deposit. Will the email be accepted as valid written communication with the tenant, or will I be penalized because of the lag time before I was able to send the paper version by USPS?


Asked on 7/25/07, 3:26 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Is email valid for deposit disposition?

RCW 59 18 280 says the deposit disposition has to be deposited in the mail.

However, it also says that it has to be to the ex tenants within 14 days unless there are circumstances beyond the landlords control.

Being out of town is probably not relevant, but getting estimates is.

Also, the fact that you sent the entire disposition by email timely shows good faith on your part.

Save your email; have actual estimates from contractors, and take pictures. You will also need the walk through checklist from the beginning of the tenancy.

So long as you have followed the statute, the time lag on your mailing the disposition under these circumstances is probably not fatal to your case.

But I'm only going on what you said, I am not reviewing any documents.

If the damage is less than $4,000 you can take it to small claims. If more, you need a lawyer and the statute provides you can be awarded your attorney fees (and costs) so don't hesitate to lawyer up.

Hope this helps. Elizabeth Powell

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Answered on 7/25/07, 10:16 am


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