Legal Question in Landlord & Tenant Law in Washington

refusal to sign contract-- non-refund of security deposit

When I viewed an apartment, the manager said it was a 9-12 month lease. I put down the security deposit oct. 18th, and was told it would be ready oct. 25. It was finally ready Nov. 5th. I was told to move in nov. 5th, and occupy nov 6th. When i saw the contract nov. 6th after occupying, it was a month to month rental agreement. the manager said she didn't know that. The contract locks 9 months with ability to raise rent, or face the penalties (loose deposit plus pay penalty). I have witnesses who heard her say she wanted me out by sunday nov. 12th because i wouldnt sign the contract. I had already vacated my previous residence, and stopped paying for a storage. I had to find another apartment on such short notice which is where i'm at now. At first, she said she would refund the deposit minus pro-rated days. Before legally entering the apartment or even seeing it, saturday night she announced she was not refunding the deposit because of ''cleaning fees, and extra fees''. I have proof the apartment was in the same condition, and i even cleaned the carpets. I wrote a request for my deposit back with my submission of the key on sunday night. what are my rights? what happens now, and what do i do if she doesnt refund it?


Asked on 11/14/06, 2:42 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: refusal to sign contract-- non-refund of security deposit

Don't you love those hybrid lease/month to month agreements? Their enforceability varies from case to case, depending on how they are written. I think you were very smart to get out of it.

As to your refund: The deposit you paid was either a damage deposit, or to secure all your obligations pursuant to the contract. If it was a damage deposit it is hard to understand how you could have done any damage within six days such that you owe them money. If it was to secure all your obligations, it is hard to understand how you failed to meet yours when you moved out based on their refusal to provide you with the contract they promised.

RCW 59.18.260 spells out that a deposit is fully refundable. If they want to charge a fee it has to be separate and they have to tell you that they are keeping the fee no matter what.

There is no such thing as a non-refundable deposit.

You should also read RCW 59.18.270 and .280; those three statutes read together are the deposit rules for Washington State.

Your written request was a good idea. Keep a copy. In the event that they do not refund your money within 14 days from the date you moved out, you can take them to small claims and get it back that way.

Best of luck with this - Powell

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Answered on 11/14/06, 3:08 pm


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