Washington Code 59.18.260 – Moneys paid as deposit or security for performance by tenant — Written rental agreement to specify terms and conditions for retention by landlord — Written checklist required
Current as of: 2023 | Check for updates
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(1) 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.
Terms Used In Washington Code 59.18.260
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Landlord: means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager. See Washington Code 59.18.030
- lease: means all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit. See Washington Code 59.18.030
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Premises: means a dwelling unit, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility which is held out for use by the tenant. See Washington Code 59.18.030
- tenant: is a ny person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement. See Washington Code 59.18.030
- 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. See Washington Code 59.18.030
(2) No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement is provided by the landlord to the tenant at the commencement of the tenancy specifically describing the condition and cleanliness of or existing damages to the premises, fixtures, equipment, appliances, and furnishings including, but not limited to:
(a) Walls, including wall paint and wallpaper;
(b) Carpets and other flooring;
(c) Furniture; and
(d) Appliances.
(3) The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. The tenant has the right to request one free replacement copy of the written checklist.
(4) No such deposit shall be withheld on account of wear resulting from ordinary use of the premises.
(5) If the landlord collects a deposit without providing a written checklist at the commencement of the tenancy, the landlord is liable to the tenant for the amount of the deposit, and the prevailing party may recover court costs and reasonable attorneys’ fees. This section does not limit the tenant’s right to recover moneys paid as damages or security under RCW 59.18.280.
NOTES:
Findings—Intent—2023 c 331: See note following RCW 59.18.030.