Washington Security Deposit Laws: Tenant Protections Explained

Handling a security deposit in Washington can be confusing for renters. Understanding your rights is important if you’re moving in, moving out, or facing a dispute with your landlord. This article explains what Washington law says about security deposits, how they must be handled, and what steps renters can take to protect their deposit.

Understanding Security Deposits in Washington

A security deposit is a sum of money that your landlord may require when you sign a lease. It is meant to cover unpaid rent or repairs for damage beyond normal wear and tear. In Washington, there are specific rules about how landlords must collect, use, and return your deposit.

Key Rights and Requirements

• No security deposit can be collected unless the lease is in writing and includes written terms describing the conditions for withholding your deposit.
• The landlord must provide a move-in checklist describing the condition of your rental unit. You should review and sign this with your landlord at the start of your tenancy.
• Landlords must hold your security deposit in a separate, trust account and disclose the bank or institution and account number in your lease.
• After you move out, the landlord is required to return your deposit, or send you a written statement of any deductions, within 21 days of your move-out date.
• Deductions are limited to unpaid rent or repairs for damages that exceed normal wear and tear.

The main law governing security deposit protections is the Washington Residential Landlord-Tenant Act (RCW 59.18).¹

Move-In and Move-Out Procedures

To protect your deposit, pay close attention to the required forms and steps at both the beginning and end of your tenancy.

Move-In Checklist (Condition Report)

• Form name: Move-In Checklist / Condition Report
• When to use: Required when you pay a security deposit. Provided by your landlord at move-in. Both you and your landlord should review and add notes on pre-existing damage or wear, then sign the form.
• Official form: No universal state form, but your landlord must create one under RCW 59.18.260. See an example and more at the Washington Attorney General Consumer Protection Division.
• Why it matters: Helps prevent unfair deductions for damage you didn't cause.

Deposit Return Statement

• Form name: Deposit Itemization Statement (no specific state-issued form)
• When to use: Your landlord must send this statement, along with any refund, within 21 days of your move-out.
• Where to learn more: See the deposit refund rules at RCW 59.18.280.
• What to check: Review all deductions and keep your own documentation from move-in and move-out.

Disputing Security Deposit Deductions or Non-Return

If you believe your security deposit was unfairly withheld or deductions are not correct, you have the right to dispute this with your landlord and may pursue further action.

• Step 1: Send a written demand for your deposit, referencing your move-out date and the 21-day deadline. Keep copies.
• Step 2: If the landlord does not comply, you can seek recovery through Small Claims Court.
• Washington does not have a special tribunal for landlord-tenant disputes, but you may file in the county District Court (Small Claims).²
• The court may award up to twice the amount wrongfully withheld, plus court costs and attorney fees if you win your case.

Notice of Small Claim Form

• Form name: Notice of Small Claim
• When to use: If informal resolution fails, use this to file a small claims case in District Court to get back your deposit.
• Form link and county finder: Find your local court and forms at the Washington Courts Directory.
• How it's used: File the form with the appropriate District Court clerk, pay a small fee, and follow court instructions for serving your landlord.

Security Deposit Limits, Interest, and Fees

• No state maximum: Washington does not set a maximum limit for security deposits, but local city ordinances may apply, so check your city's laws.
• Interest: Landlords are not required by state law to pay interest on your deposit, unless stated in your lease or required by local rules.
• Fees: Non-refundable fees (like cleaning or pet fees) must be clearly stated in your written rental agreement and cannot be disguised as deposits.

Always read your lease in full for any added requirements. For more information, visit the Washington Attorney General’s Landlord-Tenant Resources.

Frequently Asked Questions

1. How long does a landlord have to return a security deposit in Washington?
   Landlords must return your security deposit, or send a statement of deductions, within 21 days after you move out and return the keys.
2. What can landlords deduct from my security deposit?
   Deductions can only cover unpaid rent, repairs for damages beyond normal wear and tear, or other costs specifically allowed in your rental agreement.
3. Is there a specific form I need to get my deposit back?
   No specific state form is required. However, any request for return should be in writing. If you need to sue for your deposit, use the Notice of Small Claim form from your local District Court.
4. Can I get double my deposit back if it is wrongfully withheld?
   If a court finds the landlord acted in bad faith, you may be awarded up to twice the amount withheld, plus possible court costs.
5. Where can I file a complaint about my landlord in Washington?
   For legal claims, use your county Small Claims Court (District Court). For mediation or advice, contact the Washington Attorney General or local tenant resources listed below.

Need Help? Resources for Renters

• Washington Attorney General: Landlord-Tenant (Consumer Protection)
• Washington State Courts Portal – Find local District Courts and Small Claims filing information
• Washington LawHelp – Free legal info and resources for renters
• County Renters Assistance & Dispute Services – Local renters' support organizations

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1. Washington Residential Landlord-Tenant Act (RCW 59.18)
2. Washington State Courts – Residential Tenancy Disputes

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