Security Deposit Not Returned in Washington: What Can I Do?

What the law says

1. 1

   Before your landlord can take a deposit, you must get a written lease and a written checklist. The checklist lists the condition of the walls, floors, furniture, and appliances. You and your landlord both sign and date it. You have a right to one free replacement copy.

   Source:

   1. RCW 59.18.260, Washington State Legislature. Law.
2. 2

   Your landlord must put your deposit in a trust account in Washington. This account can be at a bank, credit union, or licensed escrow agent (a company licensed to hold money for other people). This money is not your landlord's to spend. Your landlord must give you a written receipt and tell you in writing the name and address of the account.

   Source:

   1. RCW 59.18.270, Washington State Legislature. Law.
3. 3

   If your landlord charges a fee that you cannot get back, your written lease must call it nonrefundable (a fee you do not get back). If your lease does not call it that, the law treats the fee as a refundable deposit (a deposit you get back).

   Source:

   1. RCW 59.18.285, Washington State Legislature. Law.
4. 4

   Before you move in, a landlord may charge a fee to hold the unit for you. This hold fee cannot be more than 25% of your first month's rent. For example, 25% of $1,500 rent is $375. If you move in, your landlord must apply this fee to your first month's rent or your deposit.

   Source:

   1. RCW 59.18.253, Washington State Legislature. Law.
5. 5

   After you move out, your landlord has 30 days to act. Your landlord must return your deposit or send a full written statement explaining why they kept any of it. This 30-day clock starts when your lease ends and you leave the home. Your landlord must include copies of bills, invoices (paperwork asking for payment), or receipts to back up any damage charges.

   Source:

   1. RCW 59.18.280, Washington State Legislature. Law.
6. 6

   Your landlord cannot keep any part of your deposit for normal wear and tear. Normal wear and tear means wear from ordinary use of your home, not damage beyond that. Your landlord also cannot keep deposit money for carpet cleaning unless the landlord documents carpet wear beyond ordinary use.

   Source:

   1. RCW 59.18.280(1)(c)(i)-(ii), Washington State Legislature. Law.

Ask for your deposit back

7. 7

   Your landlord has 30 days after you move out to refund your deposit or send a written statement with receipts for what was kept. If you get neither, write to your landlord. Say the deposit amount, the date you moved out and returned the keys, and that you have not heard back. Ask for the deposit back right away and give your mailing address. Send the letter by certified mail, return receipt requested, and keep a copy and the receipt. Texts and emails you save are a record too.

   Sources:

   1. Our editorial rules.
   2. Deposits and damages, What if my landlord doesn't return my deposit, Northwest Justice Project (WashingtonLawHelp.org). A nonprofit group.

If your landlord does not pay

8. 8

   If your landlord takes a deposit without giving you a written checklist, your landlord owes you the full deposit back. If you win in court, your landlord must also pay court costs and your attorney's fees.

   Source:

   1. RCW 59.18.260, Washington State Legislature. Law.
9. 9

   If your landlord misses the 30-day deadline, your landlord owes you the full deposit back. Your landlord also cannot argue in court that they deserve to keep any of it. This does not apply if something beyond your landlord's control caused the delay, or if you abandoned the home.

   Source:

   1. RCW 59.18.280, Washington State Legislature. Law.
10. 10

    If a court decides your landlord intentionally refused to return your deposit or send the statement, the court can act. The court may order your landlord to pay up to 2 times the deposit amount. For example, on a $1,500 deposit, the court could award up to $3,000. If you win in court, your landlord must also pay your court costs and attorney's fees.

    Source:

    1. RCW 59.18.280, Washington State Legislature. Law.

Going to court

11. 11

    If your landlord will not return your deposit, you can sue in small claims court. You do not need a lawyer for a small claims case. As a person, you can sue for up to $10,000. You get this money only if you win your case and your landlord pays.

    Sources:

    1. Our editorial rules.
    2. Landlord-Tenant page, Small Claims Court section, Washington State Office of the Attorney General. A government guide.
    3. RCW 12.40.010(1)(a), Washington State Legislature. Law.