Legal Question in Landlord & Tenant Law in Washington

If you are filing a small claim against your previous landlord for not returning your deposit within the 14 days, what date do you specify as the money being DUE ON? For instance, we moved out 8/22, deposit was due 9/5 (at the latest), incomplete deposit was returned post-marked 9/11. Was the money due on 9/6 or on 9/12 when we discovered that they had broken the law AND not returned the correct amount?


Asked on 9/18/09, 3:11 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

RCW 59.18.280 provides that, "Within fourteen days after the termination of the rental agreement and vacation of the premises . . . 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."

It goes on to say, "The landlord complies with this section if the required statement or payment, or both, are deposited in the United States mail properly addressed with first-class postage prepaid within the fourteen days."

You calculate the 14 days starting with the last day of the lease term, which may be later than the date you moved out. For example, if your lease was set to end on August 31, and you moved out on August 22, then I'd say the deposit was due by September 14 when he had to put it in the mail.

On the other hand, if you lease was set to end on the 22nd, (which is sort of odd, since most leases run through the 15th or last day of the month) then the deposit with a statement of retention had to be post marked by the 5th.

Note also that if he sent it late, he cannot retain any portion of the deposit, but has to refund 100% of it. You can even get up to twice the deposit back if the landlord refuses to pay and if you need to bring suit, the costs of doing so, as well as attorney's fees, to the extent they are incurred.

Depending on the size of the deposit, if you would like help on this, please feel free to contact me. I have reasonable rates and it would not take long to handle this matter.

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Answered on 9/24/09, 12:02 am


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