In Washington State, security deposits are funds that renters pay to landlords at the start of a lease. These deposits are there to cover any potential damages or unpaid rent, offering landlords a bit of financial protection. However, renters have rights too! Washington’s Residential LandlordTenant Act (RCW 59.18) clearly lays out the rules on collecting and returning these deposits, ensuring fair practices for both landlords and tenants.
Security deposits ultimately belong to the tenant, and landlords can only keep part or all of it if there’s a legitimate reason, like damages or unpaid rent. Washington has made several updates to its security deposit laws in recent years to further protect renters. For example, landlords are now required to provide a detailed checklist of the unit’s condition at movein, limit deductions for regular wear and tear, provide receipts for repair costs, and return deposits within a set timeframe.
These changes help make sure everyone’s on the same page. This guide will walk you through Washington’s current security deposit rules, including recent updates, so both renters and landlords can feel confident in their rights and responsibilities.
Limits on Security Deposit Amounts in Washington
In Washington state, there’s no statewide limit on how much a landlord can ask for a security deposit, but some cities have set their own caps to keep things affordable for renters.
For example, in Seattle, a 2018 ordinance caps the security deposit at the amount of one month’s rent for unfurnished units. So, if your monthly rent is $1,500, the maximum security deposit would be $1,500 too. For furnished rentals, Seattle allows landlords to collect up to two months’ rent as a security deposit. That means a furnished unit renting for $2,000 per month could have a security deposit of up to $4,000.
Other cities in Washington might have similar rules, so it’s a good idea for tenants to check their local rental ordinances to see if any deposit limits apply. Otherwise, throughout Washington, landlords can generally set security deposits at any amount, as long as it’s outlined in the lease agreement.
Checklists and Inspections Required in Washington
In Washington, landlords must give tenants a written checklist that documents the condition of the rental before collecting a security deposit. This checklist should be completed before movein so there’s a clear record of what shape the place is in from day one.
The checklist should cover the condition of everything in the rental—walls, floors, appliances, fixtures, and any existing damage. Photos are also helpful and can be included with the checklist for extra clarity.
Both the landlord and tenant need to sign and date the checklist, with each keeping a copy. This way, there’s a documented starting point that can help prevent any disagreements about the deposit later on.
If a landlord skips this checklist process, tenants have the right to get their full deposit back without deductions. Washington law also lets tenants request one free replacement copy if they misplace the original, so they always have a record of the unit’s initial state.
A signed checklist protects both landlords and tenants by setting clear expectations about what’s “wear and tear” versus real damage. When both sides inspect the place together and note even small flaws, it goes a long way in preventing future security deposit disputes.
Returning Security Deposits in Washington
In Washington, landlords have 30 days after you move out to either return your full security deposit or send a written statement explaining any deductions.
A landlord can deduct from your deposit for things like:
- Unpaid rent
- Damage beyond normal wear and tear
- Extra cleaning if the place was left very dirty
- Unpaid utility bills
- Repairs or replacement for any provided furniture
If they make deductions, they must provide receipts or invoices for the costs. Without these, they aren’t allowed to keep those amounts or send them to a collection agency.
“Normal wear and tear” covers things that naturally happen over time, so they can’t deduct for minor stuff like:
- Small scratches or scuffs
- Fading paint or minor nail holes from hanging pictures
- Worn carpet or keys that need routine replacement
However, they can deduct for excessive damage, like broken appliances or big holes in walls. For these cases, they’ll need to document the damage clearly to justify keeping part of the deposit.
Disputes for Wrongfully Withheld Deposits
If a landlord in Washington State unfairly keeps all or part of a security deposit, tenants have a few steps they can take to get it back:
- Send a Demand Letter: Start by sending a written letter asking for the full deposit back within 14 days. In the letter, explain why you believe the deposit should have been fully returned.
- File a Small Claims Suit: If the deposit isn’t returned after your demand letter, you can take the matter to small claims court. There, you can request the return of the deposit plus up to twice that amount in damages. Just make sure to file within 2 years of moving out.
- Report to the Attorney General’s Office: You can also file a complaint with the Washington State Attorney General, who may investigate if the landlord has violated any deposit laws.
If it’s found that the landlord kept the deposit in bad faith, they may owe you up to 3 times the deposit amount in damages. These protections are in place to help tenants recover their deposits when wrongfully withheld. Just keep in mind the key time limits: send demand letters within 14 days, and file any lawsuits within 2 years after your tenancy ends. With good documentation, tenants have strong chances of recovering their deposits, plus potential damages.