Washington security deposit law

Washington sets no statewide cap on the amount of a security deposit. It controls how a deposit is taken instead: the lease must be in writing and say when the deposit may be kept, a signed move-in checklist must come first, and a tenant can ask to pay it in installments.

RCW 59.18.260 RCW 59.18.610

• On a tenant's written request, a landlord must let the tenant pay deposits, nonrefundable fees and last month's rent in installments: three equal monthly payments for a term of three months or more, two otherwise. This is not required when deposits and nonrefundable fees total no more than 25 percent of the first full month's rent and last month's rent is not due at the start. RCW 59.18.610(1), (2)
• No fee or interest may be charged for paying in installments, the schedule must be in writing and signed by both, and refusing a written request costs one month's rent plus the tenant's attorneys' fees. RCW 59.18.610(3), (5)
• A fee or deposit to hold a unit after it is offered may not be more than 25 percent of the first month's rent, needs a receipt and a written statement of when it may be kept, and must be credited to the first month's rent or the deposit if the tenant moves in. RCW 59.18.253(2) to (4)
• Money that is nonrefundable may never be called a deposit. A nonrefundable fee needs a written lease that says clearly it is nonrefundable; otherwise it is treated as a refundable deposit. RCW 59.18.285
• A landlord may offer a recurring fee in lieu of a deposit only as an option the tenant is free to refuse, with the statutory disclosure form, a signed move-in checklist, and insurance bought with the fee. RCW 59.18.670(1), (2)
• Seattle adds a combined limit: the security deposit and nonrefundable move-in fees together may not exceed the first full month's rent, prorated monthly when rent is not paid monthly. Section 7.24.035 does not apply to a tenant renting a housing unit in a single-family residence that is the owner's principal residence. Nonrefundable move-in fees normally have a separate 10% limit, with a limited exception for screening-report costs. These city rules do not set a higher deposit limit for furnished units. Seattle Municipal Code 7.24.035
• For Seattle deposits and move-in fees, the tenant may elect six equal monthly installments for a term of six months or longer, up to four equal installments for a term between 30 days and six months, or two for month-to-month. The city excludes screening reimbursements paid before the tenancy from those schedules and has an exception when the combined deposit and fees are no more than 25% of the first month's rent and last month's rent is not required at the start. No installment fee or interest is allowed; an agreed alternative schedule belongs in the lease. The owner-residence exception in section 7.24.035(H) also applies. Seattle Municipal Code 7.24.035
• Seattle limits the total pet damage deposit to 25% of the first full month's rent, prorated monthly if needed. No pet deposit may be required for an assistance animal, though actual animal damage may still be claimed. State the pet deposit in the lease or a later addendum; the tenant may choose three equal monthly installments starting when the pet moves in, or an agreed alternative. Use this deposit only for pet-caused damage for which the tenant is responsible. The city prohibits other fees for keeping a pet. Seattle Municipal Code 7.24.038

Within 30 days after the lease ends and the tenant moves out, give the tenant a full and specific statement of the reasons for keeping any of the deposit, with the supporting documents, together with any refund. Delivering it in person or mailing it first class to the tenant's last known address within the 30 days is on time. If the tenant abandoned the unit, the 30 days run from when you learn of the abandonment.

RCW 59.18.280 RCW 59.18.260

• Include copies of estimates received or invoices paid for damage charges. For work done by you or your employee, include the bill or receipt for materials and a statement of the time spent and the hourly rate. RCW 59.18.280(1)(b)
• You may not keep any of the deposit for wear from ordinary use, for carpet cleaning unless you document wear beyond ordinary use, for items whose condition the move-in checklist did not reasonably document, or for more than the cost of repairing the damaged part of an item. RCW 59.18.280(1)(c) RCW 59.18.260(4)
• Missing the deadline makes you liable for the full deposit and bars you from claiming any of it in the tenant's suit, unless circumstances beyond your control prevented the statement or the tenant abandoned the unit. A court may award up to twice the deposit for an intentional refusal, and the winner recovers attorneys' fees. RCW 59.18.280(2)
• Undocumented damage and ordinary wear may not be charged to the tenant, reported to a credit or screening agency, or sent to collection. RCW 59.18.280(3)(b)
• For leases begun on or after July 23, 2023, a suit to recover more than the deposit must be filed within three years after the lease ends or the tenant abandons the unit. RCW 59.18.280(3)(c)
• The checklist and documentation rules do not apply to amounts kept for reasons other than damage, such as unpaid rent. RCW 59.18.280(4)

Promptly put every security deposit in a trust account kept for tenants' deposits, at a financial institution or licensed escrow agent located in Washington. Give the tenant a written receipt and written notice of the name, address and location of the depository, and of any later change. Unless you agree otherwise in writing, you keep the interest.

RCW 59.18.270

• When the landlord changes during a tenancy, the deposits move at the same time to an equivalent trust account of the new landlord, who must promptly tell the tenant where they now are. RCW 59.18.270
• If a foreclosed owner neither refunds the deposit right after the sale nor transfers it to the successor, the owner is liable for up to twice the deposit. RCW 59.18.270
• The tenant's claim to the deposit comes before any creditor of the landlord, including a bankruptcy trustee, even if the money was mixed with other funds. RCW 59.18.270

You may not collect any deposit unless the lease is in writing and, at the start of the tenancy, you give the tenant a written checklist or statement that specifically describes the condition and cleanliness of, and any existing damage to, the unit, fixtures, equipment, appliances and furnishings, including walls, paint and wallpaper, carpets and flooring, furniture and appliances. Both of you sign and date it, and the tenant gets a copy.

RCW 59.18.260

• The tenant may ask for one free replacement copy of the checklist. RCW 59.18.260(3)
• A landlord who collects a deposit without the checklist is liable to the tenant for the amount of the deposit, and the winner of that suit recovers court costs and attorneys' fees. RCW 59.18.260(5)
• At move-out you cannot deduct for fixtures, equipment, appliances or furnishings whose condition the checklist did not reasonably document. RCW 59.18.280(1)(c)(iii)
• A landlord who accepts a fee in lieu of a deposit must still provide the checklist. RCW 59.18.670(1)(e)