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Do we have a legal obligation to repay the Sept. 2015 rent?
Response 1: Yes. Eventhough the deposit was returned, you are still liable for the rent for that month.
Can they legally withhold from our security deposit when we move?
Response 2: Yes, they can for the outstanding rent. See Revised Code of Washington, Chapter 59.18 Section 59.18.260, 59.18.270, 59.18.280.
No, because the checklist has to do with damages to the property. The Landlord can retain the deposit for the missing September 2015 rent.
I have already cited it in my response #2
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The legal authority for your having to make payment under Response 1 is the lease agreement that you signed. However, in this case you may still be able to escape liability for the Sept. 2015 rent by arguing the defense of "waiver". Under WA law: "Waiver" is an intentional relinquishment of a known right, but the existence of an intent to waive that right must clearly appear in order to show a waiver. See O'Connor v. Tesdale, 34 Wn.2d 259, 209 P.2d 274 (1949).
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