Washington Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment

State:
Multi-State
Control #:
US-01678BG
Format:
Word; 
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Description

This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Tenants may still pursue the return of their deposit if the landlord did not get a written response to them within 21 days, or if the landlord did not perform a written checklist upon move-in. The law does not prohibit a landlord from pursuing damage charges.

File your small claims suit in the district court of the county where the landlord resides. If you cannot locate the landlord's address, you can file in the district of their place of employment. You can file suit against both the owner and the property manager, or just one individually.

But the landlord can still sue you for rent or other damages the landlord says you owe. Your landlord has 6 years after you move out to sue you for rent owed if you had a written rental agreement. Read My Former Landlord Says I Owe Damages and Get Legal Help information below.

Landlords must now provide written documentation (receipts or invoices) of any money they keep out of a security deposit. Within 30 days after a tenant moves out, the landlord must either return the full security deposit or give the tenant a written statement documenting why they kept some or all of it.

Under the law, deposits are by nature refundable.

A Washington security deposit demand letter is served on landlords who have not delivered a refund or a statement of funds retained to an ex-tenant within the mandatory time limit.

Washington State law does not set out any specific timeframes for landlords to replace carpet or repaint the walls. If there is a repair problem with the carpeting or walls to the extent that there is significant damage, a tenant can ask the landlord to make the repairs through the Steps to Request a Repair above.

The landlord cannot charge you for normal cleaning after you vacate if you already paid a nonrefundable cleaning fee when you moved in. However, if the unit required extra cleaning due to tenant-caused damage, the landlord may be able to charge you for additional cleaning costs.

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Washington Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment