Last month's rent paid in advance - being withheld - Washington State

[abc123]

We gave our landlord the required notice that we were moving out. On signing our lease at move-in, we paid first and last month's rent. A security deposit was never given because he did not provide us with a move-in checklist.
Upon leaving, he owed us 8 days' worth of rent that was paid in advance.

Of note, he signed a move-out checklist on the day keys were handed over to him, in "landlord comments" he wrote "N/A" and signed, including that he owed us money.

After we didn't receive the funds due, sent him a letter of demand.

Over one month after move-out, he has sent us an email stating that because he we never gave a damages deposit he was withholding our rent money. He also stated that there were damages that he is going to bill us for.

Can you direct me to the specific law stating that the landlord cannot keep rent paid in advance as fee for damages? Also, if he signed such a move out checklist, does he have any ground in trying to collect for damages?

 

[Gail_in_Georgia]

All states give a landlord a certain amount of time to determine damages above normal wear and tear, even if a move-out check list is required at the time the keys are handed over at move out. It is not unusual that further damage will be found after this. In the case of a security deposit, most states give a landlord a certain period of time where they have to notify the former tenant of the status of the damage so they aware of what (if any) of their security deposit is being returned.

Attached is the statute for security deposits for the state of Washington. Notice that the landlord can sue for any damages that exceed any deposit you would have provided. Thus, even if you decide to sue for this 8 days worth of rent, there is nothing stopping the landlord suing you for what they claim are damages above normal wear and tear.

Hopefully you took pictures of the rental property at move-in and move-out to dispute any of these claims should it come to this.



RCW 59.18.280
Moneys paid as deposit or security for performance by tenant — Statement and notice of basis for retention — Remedies for landlord's failure to make refund.


Within fourteen days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW 59.18.310, within fourteen days after the landlord learns of the abandonment, 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. No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises. 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.

The notice shall be delivered to the tenant personally or by mail to his or her last known address. If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he or she shall be liable to the tenant for the full amount of the deposit. The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the fourteen days or that the tenant abandoned the premises as defined in RCW 59.18.310. The court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorney's fee.

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 the tenant is responsible together with reasonable attorney's fees.

[2010 c 8 § 19027; 1989 c 342 § 9; 1983 c 264 § 7; 1973 1st ex.s. c 207 § 28.]


Gail