Washington security deposit and move-in inspection rules

How much can the deposit be?

No state statute caps the amount of a residential security deposit (none found in chapter 59.18 RCW; this page covers state law only, so check city rules). On the tenant's written request, the landlord must let the tenant pay deposits, nonrefundable fees and last month's rent in installments: three equal monthly payments for a lease of three months or longer, two otherwise, with no fee or interest for doing so. The landlord may refuse only if deposits and nonrefundable fees total no more than 25% of the first full month's rent and last month's rent is not required up front. Refusing a valid request carries a penalty of one month's rent plus attorneys' fees. A holding fee may not exceed 25% of the first month's rent. A fee is nonrefundable only if a written lease says so; otherwise it is treated as a refundable deposit.

“upon receipt of a tenant's written request, a landlord must permit the tenant to pay any deposits, nonrefundable fees, and last month's rent in installments.”

“In all cases where premises are rented for a specified time that is three months or longer, the tenant may elect to pay any deposits, nonrefundable fees, and last month's rent in three consecutive and equal monthly installments, beginning at the inception of the tenancy.”

“A landlord is not required to permit a tenant to pay in installments if the total amount of the deposits and nonrefundable fees do not exceed twenty-five percent of the first full month's rent and payment of the last month's rent is not required at the inception of the tenancy.”

“any landlord who refuses to permit a tenant to pay any deposits, nonrefundable fees, and last month's rent in installments upon the tenant's written request as described in subsection (1) of this section is subject to a statutory penalty of one month's rent and reasonable attorneys' fees payable to the tenant.”

“A landlord may not request a fee or deposit to hold a dwelling or secure that the prospective tenant will move into the dwelling unit in excess of twenty-five percent of the first month's rent”

“If the written rental agreement fails to specify that the fee is nonrefundable, the fee must be treated as a refundable deposit under RCW 59.18.260, 59.18.270, and 59.18.280.”

Where the deposit must be kept

The landlord must promptly put the deposit in a trust account, used only for tenants' deposits, at a financial institution or licensed escrow agent located in Washington. The landlord must give the tenant a written receipt and a written notice of the depository's name, address and location, and of any later change. The tenant's claim to the deposit comes before the landlord's creditors, including a bankruptcy trustee.

“shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a financial institution as defined by [...] or licensed escrow agent located in Washington.”

“The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof.”

Move-in inspection and photos

Required. A landlord may not collect a deposit unless the lease is in writing and the landlord gives the tenant, at the start of the tenancy, a written checklist or statement describing the condition, cleanliness and existing damage of the premises, fixtures, equipment, appliances and furnishings (including walls and paint, carpets and flooring, furniture and appliances). Both sides sign and date it, the tenant gets a copy, and may ask for one free replacement copy. A landlord who collects a deposit without the checklist is liable to the tenant for the amount of the deposit. The written lease must also state the terms under which the deposit may be withheld.

“No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement is provided by the landlord to the tenant at the commencement of the tenancy specifically describing the condition and cleanliness of or existing damages to the premises, fixtures, equipment, appliances, and furnishings”

“The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement.”

“If the landlord collects a deposit without providing a written checklist at the commencement of the tenancy, the landlord is liable to the tenant for the amount of the deposit, and the prevailing party may recover court costs and reasonable attorneys' fees.”

When the deposit must be returned

Within 30 days after the lease ends and the tenant moves out, the landlord must give a full and specific statement of the basis for keeping any of the deposit, with the supporting documents and any refund due. If the tenant abandoned the unit, the 30 days run from when the landlord learns of the abandonment.

“Within 30 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 30 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, and any documentation required by (b) of this subsection, together with the payment of any refund due the tenant”

What the itemized statement must include

The statement must come with copies of the estimates received or invoices paid that substantiate each damage charge. If the landlord or an employee did the repair, the landlord must include the bill, invoice or receipt for materials and a statement of the time spent and the reasonable hourly rate charged.

“With the statement required by (a) of this subsection, the landlord shall include copies of estimates received or invoices paid to reasonably substantiate damage charges.”

“Where repairs are performed by the landlord or the landlord's employee, the landlord shall include a statement of the time spent performing repairs and the reasonable hourly rate charged.”

What can and cannot be deducted

Nothing may be withheld for wear from ordinary use; for carpet cleaning, unless the landlord documents carpet wear beyond ordinary use; for repairing or replacing fixtures, equipment, appliances or furnishings whose condition was not reasonably documented in the move-in checklist; or, when only part of an item is damaged, for more than the cost of repairing or replacing that part. Undocumented or ordinary-wear charges may not be billed to the tenant, reported to a credit or tenant-screening agency or a prospective landlord, or sent to collections. The checklist and documentation rules do not apply when the deposit is kept for reasons other than damage, such as unpaid rent. For leases from July 23, 2023, a suit for more than the deposit must be filed within three years.

“No portion of any deposit may be withheld: (i) For wear resulting from ordinary use of the premises; (ii) For carpet cleaning unless the landlord documents wear to the carpet that is beyond wear resulting from ordinary use of the premises;”

“For the costs of repair and replacement of fixtures, equipment, appliances, and furnishings if their condition was not reasonably documented in the written checklist required under RCW 59.18.260;”

“In excess of the cost of repair or replacement of the damaged portion in situations in which the premises, including fixtures, equipment, appliances, and furnishings, are damaged in excess of wear resulting from ordinary use of the premises but the damage does not encompass the item's entirety.”

“Damages for wear resulting from ordinary use of the premises or not substantiated by documentation equivalent to that required in subsection (1) of this section may not be charged to the tenant, reported to any consumer reporting agency, tenant screening service, or prospective landlord, or submitted for collection by any third-party agency.”

“For tenancies with rental agreements initiated on or after July 23, 2023, any lawsuit filed against a tenant to recover sums exceeding the amount of the deposit shall be commenced within three years of the termination of the rental agreement or the tenant's abandonment of the premises.”

How the deposit is returned

The statement, documents and refund may be handed to the tenant personally or mailed first-class, postage prepaid, to the tenant's last known address within the 30 days.

“The landlord complies with this subsection if these are delivered to the tenant personally or deposited in the United States mail properly addressed to the tenant's last known address with first-class postage prepaid within the 30 days.”

Interest on the deposit

No interest is owed to the tenant under state law. Unless the parties agree otherwise in writing, the landlord keeps the interest paid on the trust account.

“Unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits.”

Penalties for keeping a deposit wrongly

A landlord who misses the 30-day statement, documentation or refund is liable for the full deposit and, in the tenant's suit, may not raise any claim or defense for keeping it, unless circumstances beyond the landlord's control prevented it or the tenant abandoned the unit. For an intentional refusal the court may award up to twice the deposit. The prevailing party in the tenant's suit recovers costs and a reasonable attorneys' fee.

“If the landlord fails to give the statement and any documentation required by subsection (1) of this section together with any refund due the tenant within the time limits specified in subsection (1) of this section he or she shall be liable to the tenant for the full amount of the deposit.”

“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, documentation, 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 attorneys' fee.”

A fee instead of a deposit

A landlord may waive the deposit and offer a fee instead, but the fee must be strictly optional, offered to every approved applicant, and come with the statutory written disclosure. The fee must be used to buy insurance for the landlord's losses, cannot cost more than that insurance, and is not a security deposit. The tenant may switch to paying the full deposit at any time. The landlord still has to provide the move-in checklist. A material violation can cost up to twice the monthly rent plus costs and attorneys' fees.

“Ensure that the fee in lieu of a security deposit is strictly optional for the tenant, and the tenant may choose to pay a full security deposit rather than a fee in lieu of a security deposit;”

“Provide a written checklist to the tenant pursuant to RCW 59.18.260;”

“Shall not be considered by a court, arbitrator, mediator, or any other dispute resolution adjudicator to be a security deposit or governed by state or local codes governing security deposits.”

If the property is sold

If the landlord changes during the tenancy, the deposit must be moved at the same time to an equivalent trust account of the new landlord, who must tell the tenant the new depository. After a foreclosure, if the deposit is not passed to the successor, the foreclosed-upon owner must refund it in full immediately, or owe up to twice the deposit.

“If during a tenancy the status of landlord is transferred to another, any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor landlord, and the successor landlord shall promptly notify the tenant of the transfer and of the name, address, and location of the new depository.”

“If the foreclosed-upon owner does not either immediately refund the full deposit to the tenant or transfer the deposit to the successor, the foreclosed-upon owner is liable to the tenant for damages up to two times the amount of the deposit.”