Sample Letter: Request For Deposit Return (Page 2 of 2) in pdf

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 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 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.

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

Sample Letter: Request For Deposit Return Page 2