5. Security Deposit Refund. Upon termination of Resident’s right to occupy
the premises, the security deposit shall be returned to Resident in
accordance with the following terms and conditions:
(a) All of the security deposit will be retained by Owner if Resident fails
to occupy the premises for the full term . . . or if Resident fails to give
proper notice of termination of tenancy. In such events, the security
deposit will not be returned to the Resident nor applied to charges for
unpaid rent, cleaning, painting or damages, and such additional
charges will become due and owing.
....
Forfeiture or retention of the security deposit is not a release or waiver
of Resident’s obligation to pay all rents due or to pay for the costs of
cleaning, painting, repairs or maintenance relating to Resident’s
occupancy which exceeded the security deposit, or any other charge or
cost due hereunder. [Emphasis added.]
In a provision relating to termination of tenancy, the lease repeated that failure to
provide proper advance notice of the termination would result in forfeiture of the
security deposit:
7. Termination of Tenancy.
(a) Unless terminated as provided herein, this lease shall be
automatically renewed for successive terms of one month. Either
party may terminate this lease at the end of the initial term or any
successive term by giving written notice at least 20 days prior to the
end of a month.
(i) If Resident does not give at least twenty (20) days’ notice as
required herein, the security deposit shall be completely forfeited
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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 82976-9-I/3