| Quick Facts | Answer |
| Acceptable Deductions | Per lease, but with many deduction types prohibited |
| Return Deadline | 30 days |
| Itemized Deductions | Required |
| Penalty for Late Return | 2x deposit + court costs + attorneys’ fees |
For laws on security deposit collections and holdings in Washington, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Washington
Washington only allows deduction types from a security deposit that a tenant agreed to in a written lease. Common deductions include:
- Unpaid rent or utilities
- Costs of damage excluding wear from ordinary use of the premises
- Trash disposal
- Cleaning costs for damage beyond wear from ordinary use of the premises
- Failure to return keys
In order for landlords to make deductions from the security deposit for damages, the items damaged (e.g., carpet, kitchen fixtures, etc.) must be listed on the condition statement provided to the tenant at the start of the lease term.
Most states, including Washington, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant by filing a claim in the appropriate court. (If the tenant is receiving rental assistance, the landlord can apply for compensation up to $5,000 from the state’s Landlord Damage Relief Program.)
What Is Considered Normal Wear and Tear in Washington?
Washington has a formal definition for normal wear and tear, described in state law as “wear resulting from ordinary use of the premises.” This is what the law defines:
“Wear resulting from ordinary use of the premises” means deterioration that results from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition.
Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
State law defines “excessive damage” as:
[D]eterioration that results from negligence, carelessness, accident, or abuse of the premises, fixtures, equipment, appliances, or furnishings by the tenant, immediate family member, occupant, or guest.
Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Washington?
Landlords can charge for replacing the carpet if it is damaged beyond what would be expected from ordinary use, and the charge is included in the conditions of the lease agreement.
A carpet that is slightly discolored or gently worn is within expectations from ordinary use. A carpet with major stains and rips is excessive deterioration.
Can the Landlord Charge for Nail Holes in Washington?
Washington landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Washington?
Landlords in Washington can charge a cleaning fee if it is a reasonable amount specifically agreed in the lease, and applied only to deterioration above what’s expected from ordinary use of the premises.
In Seattle, landlords can charge a non-refundable cleaning fee or deduct damages from the security deposit, but not both.
Can the Landlord Charge for Painting in Washington?
Washington landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Can a Security Deposit Be Used for Last Month’s Rent in Washington?
Washington law allows the use of a security deposit for last month’s rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Returns in Washington
Landlords must return a security deposit by first-class mail or hand-delivery to the tenant’s last known address no later than 30 days after the required conditions have been met. If deductions are made, a written notice must be included that lists the specific deductions.
How Long Do Landlords Have To Return Security Deposits in Washington?
Washington landlords have 30 days to return any unused portion of the security deposit with a written statement of deductions, if any are made. The period begins once either of these events has occurred:
- The lease terminates and the tenant vacates
- The landlord learns that the tenant has abandoned the rental unit
Do Landlords Owe Interest on Security Deposits in Washington?
Landlords in Washington are not required to provide interest earned on security deposits, but the lease agreement can give tenants the right to earn interest on their deposits.
How Do Landlords Give Notice in Washington?
If deductions are made from the security deposit, a written notice must be sent by first-class mail or hand-delivered to the tenant’s last known address and must include the amount of the security deposit due, if any, to the tenant, plus a written list of deductions.
Recent legal changes now require landlords to include copies of invoices, receipts, or estimates with the written list to support any deductions made. A deduction cannot be made without evidence that it reasonably reflects actual costs.
Security Deposit Disputes in Washington
If landlords do not return the security deposit or provide a written list of deductions, if any, within the 30-day period, tenants can file in court to recover up to twice the amount of the deposit plus court costs and reasonable attorneys’ fees.
If the court determines that the landlord failed to return the security deposit and/or written notice unintentionally, the damages will be limited to the amount of the deposit plus court costs and reasonable attorney’s fees.
Tenants can take legal action against a landlord for:
- Failure to provide written notice that lists deductions if the security deposit is not returned in full
- Deductions that are not mentioned in the lease agreement
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Washington?
If a landlord fails to perform their obligations regarding a security deposit, the tenant can file a dispute in the small claims division of District Court if the amount of damages is less than $10,000. If the amount is greater, the tenant must file in the civil division of the District Court.
A small claims case regarding the return of a security deposit must be filed within 3 years. Cases are filed in the District Court for where the property is located and an attorney is not permitted unless approved by the judge. Filing fees are $35 to $50.
Sources
- 1 Wash. Rev. Code § 59.18.280(1)(c)
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No portion of any deposit may be withheld:
(i) For wear resulting from ordinary use of the premises;
(ii) For carpet cleaning unless the landlord documents wear to the carpet that is beyond wear resulting from ordinary use of the premises;
(iii) For the costs of repair and replacement of fixtures, equipment, appliances, and furnishings if their condition was not reasonably documented in the written checklist required under RCW 59.18.260; or
(iv) In excess of the cost of repair or replacement of the damaged portion in situations in which the premises, including fixtures, equipment, appliances, and furnishings, are damaged in excess of wear resulting from ordinary use of the premises but the damage does not encompass the item’s entirety.
Source Link - 2 Wash. Rev. Code § 59.18.260(1)
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If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant’s obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the rental agreement shall be in writing and shall so specify.
Source Link - 3 Wash. Rev. Code § 59.18.140(1)
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The tenant shall conform to all reasonable obligations or restrictions, whether denominated by the landlord as rules, rental agreement, rent, or otherwise, concerning the use, occupation, and maintenance of his or her dwelling unit, appurtenances thereto, and the property of which the dwelling unit is a part if such obligations and restrictions are not in violation of any of the terms of this chapter and are not otherwise contrary to law, and if such obligations and restrictions are brought to the attention of the tenant at the time of his or her initial occupancy of the dwelling unit and thus become part of the rental agreement.
Source Link - 4 Wash. Rev. Code § 59.18.280(3)
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(a) 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 attorneys’ fees. However, if the landlord seeks reimbursement for damages from the landlord mitigation program pursuant to RCW 43.31.605(1)(d), the landlord is prohibited from retaining any portion of the tenant’s damage or security deposit or proceeding against the tenant who terminates under RCW 59.18.575 to recover sums exceeding the amount of the tenant’s damage or security deposit for damage to the property.
(b) Damages for wear resulting from ordinary use of the premises or not substantiated by documentation equivalent to that required in subsection (1) of this section may not be charged to the tenant, reported to any consumer reporting agency, tenant screening service, or prospective landlord, or submitted for collection by any third-party agency.
(c) For tenancies with rental agreements initiated on or after July 23, 2023, any lawsuit filed against a tenant to recover sums exceeding the amount of the deposit shall be commenced within three years of the termination of the rental agreement or the tenant’s abandonment of the premises.
- 5 Wash. Rev. Code. § 59.18.030
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“Wear resulting from ordinary use of the premises” means deterioration that results from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition. Such wear does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, fixtures, equipment, appliances, or furnishings by the tenant, immediate family member, occupant, or guest.
Source Link - 6 Seattle Mun. Code § 7.24.035(B)(3)
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If the tenant has paid a non-refundable move-in fee for cleaning, the landlord may not deduct additional cleaning fees from the tenant’s security deposit.
Source Link - 7 Wash. Rev. Code § 59.18.280(1)(a)
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Within 30 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 30 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, and any documentation required by (b) of this subsection, together with the payment of any refund due the tenant under the terms and conditions of the rental agreement.The landlord complies with this subsection if these are delivered to the tenant personally or deposited in the United States mail properly addressed to the tenant’s last known address with first-class postage prepaid within the 30 days.
Source Link - 8 Wash. Rev. Code § 59.18.270
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All moneys paid to the landlord by the tenant as a deposit as security for performance of the tenant’s obligations in a lease or rental agreement shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a financial institution as defined by RCW 30.22.041 or licensed escrow agent located in Washington. Unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits…
Source Link - 9 Wash. Rev. Code § 59.18.280(1)(b)
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With the statement required by (a) of this subsection, the landlord shall include copies of estimates received or invoices paid to reasonably substantiate damage charges. Where repairs are performed by the landlord or the landlord’s employee, if a deduction is made for materials or supplies, the landlord shall provide a copy of the bill, invoice, or receipt. The landlord may document the cost of materials or supplies already in the landlord’s possession or purchased on an ongoing basis by providing a copy of a bill, invoice, receipt, vendor price list, or other vendor document that reasonably documents the cost of the item used in the repair or cleaning of the unit. Where repairs are performed by the landlord or the landlord’s employee, the landlord shall include a statement of the time spent performing repairs and the reasonable hourly rate charged.
Source Link - 10 Wash. Rev. Code § 59.18.280(2)
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If the landlord fails to give the statement and any documentation required by subsection (1) of this section together with any refund due the tenant within the time limits specified in subsection (1) of this section 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 and any documentation within the 30 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, documentation, or refund due unless the landlord shows that circumstances beyond the landlord’s control prevented the landlord from providing the statement and any such documentation within 30 days or that the tenant abandoned the premises as described in RCW 59.18.310. 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 attorneys’ fee.
Source Link - 11 Wash. Rev. Code § 12.40.010
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(1) In every district court there shall be created and organized by the court a department to be known as the “small claims department of the district court.” The small claims department shall have jurisdiction, but not exclusive, in cases for the recovery of money only if the amount claimed does not exceed:
(a) Ten thousand dollars in cases brought by a natural person; or
(b) Five thousand dollars in all other cases.
(2) For the purposes of this section, “natural person” means a human being.
Source Link - 12 Wash. Rev. Code § 4.16.080(2)
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The following actions shall be commenced within three years:
…
(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated.
Source Link - 13 Wash. Rev. Code § 12.40.080
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No attorney-at-law, legal paraprofessional, nor any person other than the plaintiff and defendant, shall appear or participate with the prosecution or defense of litigation in the small claims department without the consent of the judicial officer hearing the case. A corporation may not be represented by an attorney-at-law or legal paraprofessional except as set forth in RCW 12.40.025.
Source Link
