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Landlord Files Ch 7 Bankruptcy. Can Security Deposit Be Recovered

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  • 03-29-2009, 04:00 PM
    thecompdude
    Landlord Files Ch 7 Bankruptcy. Can Security Deposit Be Recovered
    My question involves a security deposit in the State of: Washington

    Hi,
    I live in Seattle, WA. My residential landlord gave me a month's notice and asked me to move out of the condo by end of Feb. After a week of moving out, the landlord filed for Chapter 7 Bankruptcy and I received a notice about the same from the bankruptcy court & his lawyer. I have not received a letter about the deposit or any deductions from the landlord after moving out and it has been 3 weeks since the move out. The deposit amount is $1500.

    As per Landlord-Tenant law Clause 59.18.270 - The claim for security deposit takes priority over all other claims even that of the bankruptcy trustee.

    Also as per clause 59.18.280 - I am entitled to full refund since the 14 day waiting period has passed by.

    What are my options now? How should I address this situation? Should I approach the trustee? And how should I present the case to him?

    Thanks.
  • 03-31-2009, 05:56 AM
    LawResearcherMissy
    Re: Landlord Files Ch 7 Bankruptcy. Can Security Deposit Be Recovered
    File a claim with the trustee, citing the two clauses you've cited here.

    The trustee will be able to instruct you as to what forms you need.
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