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                                           ENGROSSED HOUSE BILL NO. 753

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Van Luven, Smitherman, Bristow, May, Ebersole, Isaacson, Sanders, Allen, Sutherland, Doty, Thomas, J. Williams, Bond and Long

Read first time 2/8/85 and referred to Committee on Energy & Utilities.

AN ACT Relating to moneys paid to landlords as deposit or security for performance by tenants; and amending RCW 59.18.260.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 26, chapter 207, Laws of 1973 1st ex. sess. as amended by section 6, chapter 264, Laws of 1983 and RCW 59.18.260 are each amended to read as follows:

A landlord may require from a tenant moneys paid in advance of occupancy as deposit or security for performance by the tenant.  These purposes may include withholding a deposit until payment of the tenant's final utility bills are received by either the landlord or the appropriate utilities.  If a tenant is unable to pay his or her utility bill without the return by the landlord of the tenant's moneys paid in advance of occupancy as deposit or security for performance by the tenant, the landlord may pay the tenant's utility bill or portions thereof with the tenant's deposit or security for performance. If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement.  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.  No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy.  The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement.  No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the premises.