RCW 59.18.260. “If all or part of the deposit may be withheld to indemnify the landlord
for damages to the premises for which the tenant is responsible, the rental agreement
shall be in writing and shall so specify.” Id. The landlord must also provide a written
checklist or statement describing the condition of the premises, which must be signed
and dated by both landlord and tenant. Id. And the deposit cannot be withheld for
normal wear and tear. Id.
Further underscoring the special nature of security deposits, the court in Silver
stated, “A security deposit is the tenant’s personal property, which the landlord holds in
trust as security for the tenant’s performance under the lease.” 197 Wn.2d at 549. The
landlord must deposit the funds in a trust account maintained for the purpose of holding
security deposits for tenants. RCW 59.18.270. “Under the RLTA, the tenant’s deposit
provides security for the performance of the tenant’s obligations under the lease, but
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‘[n]o part of the deposit belongs to the landlord unless and until the tenant breaches.’ ”
Silver, 197 Wn.2d at 545 (quoting 17 W ILLIAM B. STOEBUCK & JOHN W. WEAVER,
WASHINGTON PRACTICE: REAL ESTATE: PROPERTY LAW § 6.53, at 398 (2d ed. 2004)). After
termination or abandonment of the premises, the landlord has twenty-one days to give
“a full and specific statement of the basis for retaining any of the deposit.” RCW
59.18.280. If a tenant causes only ordinary wear and tear, there is no breach of their
duty, and they are entitled to full refund of the deposit. Silver, 197 Wn.2d at 549.
Where the landlord fails to comply with the RLTA’s deposit provisions, the statute