Legal Question in Landlord & Tenant Law in Washington
refundable deposits
On Oct. 30, 2004 I returned the keys and property to the first time landlord of a single family home in Snohomish county. The refundable deposit was $300. We cleaned the house and carpets prior to returning keys. The landlord took the keys and stated he had already looked through the home. Everything was great,including carpets, great tenants,etc,,. He did not do a move in or move out check list. I tried to call him 6 times in the following month (only spoke to wife and left messages)and then finally sent him a certified letter asking about the deposit. He finally called (he never picked up the letter). He stated that he called and left a message (phone records show this is untrue). stated he would send me a list of damages that he had to have fixed. 6 months, now and he has not responded since. I am thinking of taking him to small claims court. are the facts that he did not submit the deposit or a letter in 14 days (and still hasn't)+ no move in or move out checklists enough to win? Also I read on the washington website that if the court beleives he avoided paying me, they can award me double?
2 Answers from Attorneys
Re: refundable deposits
You are correct. If the landlord doesn't do a checklist at move-in, he can't keep the deposit. If the landlord doesn't send a full statement in writing for why he kept the deposit within 14 days, he can't keep the deposit. Landlord doesn't get to raise any defenses for why he should be able to keep the deposit, BUT, he can later sue you for any damages owed. The only catch to this is that the landlord only has to mail the notice to the last known address for the tenant, so if he didn't have your address, he may have just sent it to the rental property.
You have a strong case, based on the facts you presented. And if the landlord is flaky and doesn't respond to your complaint within the required time (20 days in superior court, not sure of the time for small claims), you can get a default judgment againt him.
Re: refundable deposits
You are right. The Notice of Small Claim is available on line. The basis of your claim is RCW 59.18.260, .270, and .280. Go read those carefully. You'll see the laws you need to use to get your deposit back.
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