SECURITY DEPOSIT DEMAND LETTER
STATE OF WASHINGTON
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Washington law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages and attorney's fees.
I. WASHINGTON LEGAL FRAMEWORK
A. Governing Law
Security deposits in Washington are governed by the Washington Residential Landlord-Tenant Act, RCW 59.18.260 and 59.18.280.
B. Security Deposit Limits
Washington law does not impose a statutory limit on security deposit amounts.
C. Return Deadline
Pursuant to RCW 59.18.280, a landlord must return the security deposit within twenty-one (21) days after:
1. Termination of the rental agreement; AND
2. Delivery of possession by the tenant
The deposit must be returned with a full and specific statement of the basis for retaining any portion.
D. Written Checklist Required
Under RCW 59.18.260, the landlord must provide a written checklist describing the condition and cleanliness of the unit at the beginning of the tenancy. Failure to provide this checklist may forfeit the right to claim deductions.
E. Permissible Deductions
Under RCW 59.18.280, a landlord may retain from the security deposit only amounts for:
- Unpaid rent
- Damages beyond normal wear and tear
- Other charges authorized by the rental agreement
F. Prohibited Deductions
The landlord may NOT deduct for:
- Normal wear and tear
- Pre-existing conditions
- Conditions caused by landlord's failure to maintain premises
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Washington law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 21-day period required under RCW 59.18.280.
[ ] Failure to Provide Statement: You have failed to provide a full and specific statement of the basis for retaining any deposit within the statutory period.
[ ] Failure to Provide Move-In Checklist: You failed to provide a written checklist at the commencement of tenancy as required by RCW 59.18.260.
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]
[ ] Intentional Refusal: You have intentionally refused to return the deposit, entitling our Client to double damages under RCW 59.18.280.
IV. NORMAL WEAR AND TEAR
Washington law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]
V. DAMAGES AND REMEDIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Remedies
Under RCW 59.18.280:
- If landlord fails to provide a statement within 21 days, the landlord is liable for the full amount of the deposit
- If landlord intentionally refuses to return the deposit, the tenant may recover up to twice the deposit
- The tenant may recover reasonable attorney's fees
C. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Double Damages (if intentional) | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Washington Small Claims Court (for claims up to $10,000) or District Court for return of the deposit, double damages, attorney's fees, and costs.
-
Seek Double Damages: If your retention is found to be intentional, request double damages pursuant to RCW 59.18.280.
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees and costs.
-
Report Violations: Report your conduct to:
- Washington Attorney General - Consumer Protection Division
- Local Housing Authority
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[WASHINGTON BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
WASHINGTON SECURITY DEPOSIT QUICK REFERENCE
| Element | Washington Requirement |
|---|---|
| Governing Statute | RCW 59.18.260, 59.18.280 |
| Deposit Limit | No statutory limit |
| Return Deadline | 21 days |
| Itemization Required | Yes (full and specific statement) |
| Receipts Required | No |
| Interest Required | No |
| Move-In Checklist Required | Yes |
| Penalty for Violation | Up to 2x deposit (intentional) |
| Attorney's Fees | Yes - RCW 59.18.280 |
| Small Claims Limit | $10,000 |
WASHINGTON-SPECIFIC PRACTICE NOTES
[ ] Move-In Checklist Critical: If landlord failed to provide a written checklist at move-in, landlord may forfeit the right to claim any deductions.
[ ] Full and Specific Statement: The landlord must provide a "full and specific statement" of the basis for any deductions - general statements are insufficient.
[ ] 21-Day Deadline: Washington has a relatively short 21-day return deadline.
[ ] Double Damages: Intentional refusal to return deposit allows recovery of up to twice the deposit amount.
[ ] Small Claims Court: For claims up to $10,000, file in Washington Small Claims Court.
[ ] Seattle-Specific: Seattle has additional tenant protections including Just Cause Eviction, First-in-Time requirements, and other local ordinances.
[ ] Tacoma and Other Cities: Some Washington cities have additional local tenant protection ordinances.
[ ] No Deposit Limit: Washington has no statutory cap on security deposits.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Washington attorney before use.