| 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.
Security Deposit Deductions in Washington
In Washington, a written lease agreement must state the exact items a landlord intends to deduct from a security deposit in order for them to do so. 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, such as Washington, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
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 or, 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?
“Normal wear and tear” under Washington law is “wear resulting from ordinary use of the premises” and is generally understood to be deterioration that occurs naturally as a result of the tenant using the property as it was designed to be used.
Examples include:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Damage” is defined Washington law as “deterioration that results from negligence, carelessness, accident, or abuse,” above and beyond wear from ordinary use of the premises.
Examples include:
- 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?
Landlords in Washington can charge a tenant for nail holes if they damage the walls in a way that is not a result of ordinary use of the rental unit, and the lease agreement states that the deposit may be used to cover damage.
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, if they occurred without landlord authorization.
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?
Landlords in Washington can charge for painting, except for normal wear and tear. For example, the landlord can deduct for painting if the tenant:
- Causes damage beyond what’s expected from ordinary use
- Repaints the wall but is not permitted to do so under the lease agreement
- Repaints the wall in an unprofessional way
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Ordinary 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 normal use. This includes stains, large or deep scratches, and water damage that resulted from the tenant’s deliberate or negligent actions.
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 RCW § 59.18.260
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…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.
Source Link - 2 RCW § 59.18.140
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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.
Source Link - 3 RCW § 59.18.280
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…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…
Source Link - 4 RCW § 59.18.280
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No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises…
Source Link - 5 SMC § 7.24.035
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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 - 6 RCW § 59.18.280
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Within 30 days after the termination of the rental agreement and vacation of the premises or…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 together with the payment of any refund due…
Source Link - 7 RCW § 59.18.270
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Unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits.
Source Link - 8 RCW § 59.18.280
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…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…
Source Link - 9 RCW § 59.18.280
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If the landlord fails to give such statement together with any refund due the tenant within the time limits specified…The court may in its discretion award up to two times the amount of the deposit…the cost of suit or arbitration including a reasonable attorneys’ fee.
Source Link - 10 RCW § 12.40.010
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The small claims department shall have jurisdiction…only if the amount claimed does not exceed…Ten thousand dollars…
Source Link - 11 RCW § 4.16.080
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The following actions shall be commenced within three years…An action for taking, detaining, or injuring personal property…
Source Link - 12 RCW § 12.40.080
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No attorney-at-law, legalparaprofessional, nor any person other than the plaintiff anddefendant, shall appear or participate with the prosecution or defenseof litigation in the small claims department without the consent ofthe judicial officer hearing the case.
Source Link - 13 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 - 14 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 - 15 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
