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My tennant broke tje lease and didnot give my her new

Customer Question
My tennant broke tje...

My tennant broke tje lease and didnot give my her new address in writing and did not give me a 30 day notice in writing and is sueing me for her damage deposit. Is this fair to me the landlord?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Washington

Lawyer's Assistant: Has anything been filed or reported?

I just had an atterny call me. Becouse i didnt tell her why in writing why she didnt recieve a letter why sje dodnt receive jer deposit.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Okay tjanks

Submitted: 3 months ago.Category: Legal
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Answered in 2 minutes by:
1/3/2018
Lawyer: LegalKnowledge, Attorney replied 3 months ago
LegalKnowledge
LegalKnowledge, Attorney
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Lawyer: LegalKnowledge, Attorney replied 3 months ago

Good morning. The statute is clear, in regard to what the landlord must do and I have shared it below for your review. In a situation like this, it needed to be sent to her last known address and if it was the rental, it needed to be sent there, with the claims/deductions imposed and the money owed, to you. If she brke the lease and owes you money, you would have a claim to impose and if she sues you and this cannot be settled, assert a counter claim.

RCW 59.18.280

Moneys paid as deposit or security for performance by tenant—Statement and notice of basis for retention—Remedies for landlord's failure to make refund.

(1) Within twenty-one days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW 59.18.310, within twenty-one days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement.

(a) No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises.

(b) The landlord complies with this section if the required statement or payment, or both, are delivered to the tenant personally or deposited in the United States mail properly addressed to the tenant's last known address with first-class postage prepaid within the twenty-one days.

(2) If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he or she shall be liable to the tenant for the full amount of the deposit. The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the twenty-one days or that the tenant abandoned the premises as defined in RCW 59.18.310. The court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorneys' fee.

(3) Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of the tenant's damage or security deposit for damage to the property for which the tenant is responsible together with reasonable attorneys' fees.

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