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  1. #1
    Join Date
    Dec 2009
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    1

    Default Deposit Not Returned, No Proof of Notice

    My question involves a security deposit in the State of: Washington

    Upon moving out of our apartment I never received my deposit. The landlord says they sent a notice as to why, but I never received the notice in the mail. Does the landlord have to supply proof that the notice was actually sent? and what is considered sufficient proof?

    Thank You

  2. #2
    Join Date
    Sep 2005
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    Default Re: Deposit Not Returned No Proof of Notice

    The statute does not require notice by certified mail.
    Quote Quoting RCW 59.18.280 - Moneys paid as deposit or security for performance by tenant — Statement and notice of basis for retention — Remedies for landlord's failure to make refund.
    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 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 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.
    If you believe you have grounds to sue for the return of part of your deposit, here's information on small claims court. Note that if you did not give your landlord a forwarding address, or gave them an incorrect address, that would excuse his giving notice as described in the statute. Have you asked for a copy, or asked what address they used?

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