Is Itemizing Important

[tally]

My question involves landlord-tenant law in the State of: Washington

Hello,

I had a rental unit in Washington state. During the move, there was some damage done. Estimates were done on it almost right away; however, I got a notice about a week after move out about the deposit being held until repairs were finished - just that, no itemized amounts. Apparently, unrelated damage was later found, so I received another note about this one saying that I'm not getting any of my deposit and will have to owe them. This note came over 2 weeks after move out and again, wasn't itemized. It finally mentioned a total for the original stuff and said that they would find out the cost for the other stuff and then tell me what I owed.

I've looked up the laws here and it says that I am supposed to be provided an itemized statement for why a deposit is being held within 14 days. It then says that if I don't receive an itemized statement within the 14 days, that I get my entire deposit back (double if it was intentional) and that they can't claim damages against me. Neither note that I received was itemized and only one was within the 14 days (the one that had no amounts whatsoever). So, my questions are:

1. Is itemized the keyword here, ie. does the fact that I didn't receive an itemized statement mean that they violated the statute or was the statement enough?
2. If the statement is enough, are they able to come back with new damages past the 14 days or can they only keep the deposit amount equal to the first damage that was mentioned within 14 days?

Thank you!

[Mr. Knowitall]

Start by telling us if (a) you caused the damage at issue and (b) if the amount claimed for the damage you caused is reasonable.

[tally]

For the first stuff, yes and the amount seems reasonable, as far as my limited knowledge goes. For the stuff that was later found, I'm going to end up being the responsible party and I have no idea about the amount, as there still hasn't been an amount given.

[Mr. Knowitall]

If you want an itemization, by all means press your landlord to provide one.

The failure of the landlord to provide a timely statement, sufficient to meet the requirements of the statute, gives you the right to sue for the return of the deposit - but your landlord can claim in court that you in fact caused damage in the amount of (or in excess of) the amount retained, and he remains entitled to compensation for that damage.

If you agree that your landlord is entitled to recover the entire amount of the security deposit to cover damage for which you are liable, the principal effect of the lack of itemization is that your landlord will not be able to assert a counterclaim for any additional damages (in excess of the security deposit) as part of that action. Your landlord would remain able to file a separate action to recover the additional amount claimed, assuming the landlord is claiming you owe more than the amount of the deposit.

Within fourteen 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 fourteen 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 the tenant under the terms and conditions of the rental agreement. No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises. The landlord complies with this section if the required statement or payment, or both, are deposited in the United States mail properly addressed with first-class postage prepaid within the fourteen days.

The notice shall be delivered to the tenant personally or by mail to his or her last known address. If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above 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 within the fourteen 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 or refund due. 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 attorney's fee.

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 attorney's fees.

[tally]

Thanks! So, I could get my security deposit returned due to lack of itemization, but then he could turn around and sue me anyway. Would that be for the deposit back plus any additional or just for any amount over the deposit amount? For example, let's say that my deposit is $100 and damages are $150, if I get my deposit returned, would he be allowed to sue me for the full $150 or just the $50 additional?