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Updated over 8 years ago, 04/27/2016

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Bob Malecki#4 Tax Liens & Mortgage Notes Contributor
  • Investor
  • Kingston, WA
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Former tenant from WA property demanding full refund of deposit

Bob Malecki#4 Tax Liens & Mortgage Notes Contributor
  • Investor
  • Kingston, WA
Posted

I have a duplex in WA state where the tenant moved out at the end of their lease on 4/30 per the terms of their lease. They had a security deposit and pet deposit amounting to $1,100. WA statute RCW 59.18.280 requires that 

Within fourteen days after the termination of the rental agreement and vacation of the premises ..... the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement.

They left the unit in reasonable condition, but due to damages done by their small children denting the wood framing around the interior doors along with a bunch of other items needing to be fixed and/or repainted, I spend more than $1100 and sent them an itemized statement showing my costs for labor and materials, which consumed their entire deposit. 

Now, due to scheduling conflicts with my vendors to get the repairs done, we did not complete everything and get a cleaning service completed until 3/28. The RCW further states:

The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the fourteen days or that the tenant abandoned the premises as defined in RCW 59.18.310.

which is the case in my circumstance. The former tenant is upset and wants her full 100% security deposit refunded. I have receipts and messages from my vendors that can substantiate the "circumstances beyond my control". 

Does anyone have a recommendation as to how to best handle this? My current plan is to cite that section from the RCW and essentially state that I am in my rights as the landlord, but I don't want that action to provoke her or worse, find out that my justification was not compliant with the RCW. 

Any thoughts? 

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