Wash. Supreme Court published opinion — 980241.pdf

agreement.” RCW 59.18.280(1). If the landlord fails to provide this full and specific

statement and any refund due within this time period, then the landlord is liable to

the tenant for the full amount of the deposit. RCW 59.18.280(2). When a tenant files

an action to recover the deposit, the landlord cannot raise any defense for retaining

any portion of the deposit unless it shows that circumstances beyond its control

prevented it from providing the statement within the required time frame. Id.; see,

e.g., Goodeill v. Madison Real Estate, 191 Wn. App. 88, 101-02, 362 P.3d 302

(2015). Further, if the landlord intentionally refuses to provide the statement or

refund due, the court may award up to two times the amount of the deposit to the

tenant. RCW 59.18.280(2). The prevailing party in an action to recover the tenant’s

deposit is also entitled to an award of costs and reasonable attorney fees. Id.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Silver v. Rudeen Mgmt. Co.
No. 98024-1

The landlord has only 14 days after the termination of the tenancy to fulfill

this obligation to return the deposit and provide the full and specific statement.10

This remarkably short time frame for the landlord to return the deposit and provide

an accounting for any withheld portion is imperative in order to meaningfully protect

the tenant’s interest in their security deposit: