Fourteen Days: Then relief for the tenant
At the end of a lease tenants are often left wondering how much of their deposit the landlord will return, and when they will see it. It can be very easy for a landlord to delay returning a deposit - whether it is done deliberately or by accident.
Luckily, for all of us, the Washington State’s Residential Landlord Tenant Act (Chapter RCW 59.18) spells out in detail, the mechanics and requirements, of when and how the landlord must return the deposit.
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. 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.
…If the landlord fails to give such statement together with any refund due the tenant within [14 days] 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.
It is cut and dried. If the landlord does not get the written receipt and refund amount in the mail within fourteen days, the tenant will be able to get ALL of the deposit back - whether or not there was some damage that would otherwise be covered.
