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Lease says 30 days to return deposit Law Says 14 - WA State?
I vacated a rental unit 26 days ago. WA State Law says that the landlord has 14 days to send me an itemized list and/or the return of my deposit. My lease states that he has 30 days to do so. When I spoke to him he said he would have it to me within a week of my move out. However, he's gone radio silent.
My question - does the law override the lease or does the lease trump the law in WA State?
Any insight would be great. Thanks!
This was a condo rented out by the owners if that makes a difference.
5 Answers
- Ms. ELv 58 years agoFavorite Answer
The lease does not trump the 14 day limit. Because he missed the deadline, he now has to give you your full deposit back, no matter what, unless he can prove to the court there was a valid reason it took him so long to comply. Thinking his lease trumps the law won't work.
If you did damage beyond the amount of the deposit, he could come after you for that amount.
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18...
Your landlord may have misunderstood one WA law that says the LL has to include info in the lease about "terms and conditions" regarding him retaining a deposit. But, that doesn't give him the right to return the deposit in 30 days. Probably just a mistake, but you win this one. And he better change his lease :-)
In case you need that section of the law, too, it's here:
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18...
Oh, and the law says he has to reimburse you your court fees, too, so if you go to small claims court, be sure to ask for them. Usually around $100 or less.
Source(s): Apt mgr in California. - ?Lv 78 years ago
If this was a single family dwelling, the 14-day limit does not apply. Your city or county might have different landlord-tenant and security deposit laws than those at the state level in Washington.
Source(s): Washington Revised Code Annotated §§ 59.18.260 to 59.18.285. - ?Lv 45 years ago
Did he give you a 30 day notice? CORRECTION: I guess I should re-phrase my questions. What does your contract say about Notices to Vacate? If he did & it formally states the date of move out, then you cannot "assume" that he is still renting from you & therefore deduct that from his deposit as some sort of penalty. However, if he did not give you a 30 day notice & just left you "high & dry" then you may be able to claim a loss of rental income. I could then see how the per diem penalty may be valid. That is until you are able to find another roommate to replace that rental income. Arm yourself with a detailed rental income statement of some kind showing how the loss of his portion of the rent puts you at a negative. This may help emphazise the penalty. I would assume it would also depend on the wording of your rental agreement about lease terms, breach of contract & early termination. What does your contrat say about "Tenant's Obligations Upon Vacating Premises"?
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- ?Lv 78 years ago
In any jurisdiction, the law always trumps the terms of a contract. Terms of a contract that conflict with the law are not valid.