Deposits and damages

Washington’s Residential Landlord-Tenant Act includes laws about deposits for most landlords and tenants in Washington. For example, RCW 59.18.260 requires a written checklist or statement about conditions and says that deposits can’t be kept for wear resulting from ordinary use of the premises.

These laws do not apply to people in some situations, including when 

• You pay a “monthly deposit fee waiver” instead of a deposit
• You live in a mobile home park where you own your home
• You live in housing provided by your employer as part of your job
• You rent commercial space for your business, not a space to live.

When can the landlord make me pay a deposit?

To collect a deposit or security, your landlord must give you a written lease or rental agreement and a checklist or statement to sign and date when you start to rent the place to live. The landlord must give you a copy of your signed and dated written lease and checklist. You have a right to one free replacement copy during your tenancy.

The checklist should describe the cleanliness of the rental and any existing damage. The checklist should include information about the condition of the walls (paint and wallpaper), carpets and other flooring, furniture, appliances, etc.

You can read the state law about these requirements at RCW 59.18.260.

Do I have to pay the deposit all at once? 

Maybe not. You can now choose to pay your deposit, nonrefundable fees, and last month’s rent in a payment plan (an installment plan), instead of all at once. If the move-in costs are more than 25% of first month’s rent, you can ask your landlord in writing for an installment plan to spread out the payments over three months. You and your landlord must sign and date a written installment plan. You can read about this at RCW 59.18.610(2).

What can I do to protect my deposit when paying?

Here are things you can do when you pay your deposit:

• Make sure your lease correctly states how much you paid.
• Ask your landlord for a written receipt confirming payment. Do not pay with cash unless your landlord hands you a signed and dated receipt at the same time.
• Your landlord must also tell you in writing where your deposit is held, such as the name, address, and location of the trust account. You can read the state law about this at RCW 59.18.270.
• Keep the receipt(s) in a safe place to prove what amounts you paid for deposits. Keep a digital copy for backup. You can scan the documents at your local library and upload it to cloud storage. You can take a photo on your phone and email it to yourself. 

What can I do to protect my deposit before I move in? 

To increase the chances of getting your deposit back, here are things you can do before you move into a rental, while you live there, and before you move out:

• After you sign a lease, take detailed photos and videos of the place before you move in. For example, take photos and video of the inside and outside of the refrigerator, microwave, stove (including the drip pans), drawers, closets, carpets, walls, window blinds, doors, and baseboards. Keep the photos and videos in a safe place or make digital copies.
• Do a walk-through inspection of the place with your landlord. Write down any existing problems or damage, even if they seem small. Keep a copy of the walk-through report for your records. If the walk-through report has check boxes, make certain each box is accurately checked. If your landlord doesn’t have a checklist, you may offer your own detailed version of a checklist and help fill it out.
• If your landlord refuses to do a walk-through inspection and only attaches a blank checklist to your lease, you may fill it out, sign, and date the checklist yourself. You can attach photos as proof of any existing problems or damages you find. Make a personal copy and return the signed original checklist to your landlord right away. Your landlord must sign the checklist and give you a copy of the final version. Keep both your copies in a safe place.
• After you settle in the first week, if you discover things you missed on your checklist when you first moved in, write to your landlord to update your move-in inspection checklist. For example, if you plug in something to an outlet and learn that it does not work or you try the garbage disposal and find out it is broken. Ask for repairs in writing. Keep copies of your written repairs. If you submit maintenance requests through a website or app, take screenshots of your request in case it gets deleted.