1694 AMH GILD CLYN 288

HB 1694 - H AMD 422

By Representative Gildon

NOT CONSIDERED 12/23/2019

On page 2, after line 7, insert the following:

"(4) A tenant who paid any deposits, nonrefundable fees, or last month's rent in installments must permit the landlord to pay any refund of any of the deposit due the tenant under RCW 59.18.280 in three consecutive and equal monthly installments. The first installment shall be paid 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 second installment shall be paid within one month of the first installment, and the third installment shall be paid within one month of the second installment.

Sec.2. RCW 59.18.280 and 2016 c 66 s 4 are each amended to read as follows:

(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.

(4) Payment of any refund due a tenant who paid any deposits, nonrefundable fees, or last month's rent in installments shall be permitted to be paid in installments as provided in section 1 of this act."

Correct the title.

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