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I have yet to receive my deposit back and I again notified the landlord by mail and email before the three year mark. While I don't recall giving him my new address, he has always had my email and phone number to reach me. What is the time limit on retrieving my deposit?
Washington state laws give the LL 14 days to return your money. Be sure it was labeled a security deposite and not just a deposit, that may not be refundable. 3 years have past? Why let it go so long. I would be calling him on the phone by the 15th day. Call him now and be ready to tell him you will sue for treble damages if you have to but make sure you have all your docs in order
OP is lucky that the SOL in WA is 6 years on a written contract. I don't think it would be classified as an open account, for which the SOL is 3 years.Quote:
Originally Posted by ballengerb1
Ya know, I had not even thought about SOL, Maybe that's what the LL is shooting for.
I think - as far as triple damages are concered - that the LL didn't have the OP's address (which OP "thinks" is correct). LL doesn't have to chase the tenant through the City looking for him. I'm also not sure that OP didn't hear from LL during the interim and LL let it slide - but that's up to the Court to decide.
The LL can send a letter to the last known address of the tenant, which can be the address they moved from.
Quote:
Originally Posted by JudyKayTee
In OP's situation, however, assuming that the last known address is the correct address wouldn't be valid:Quote:
Originally Posted by ScottGem
And as to the suggestion that LL doesn't have to "chase the tenant through the City", no, but if LL has this contact info. he would have to use it.Quote:
Originally Posted by lbelton
Why? The OP claims he is not sure if he gave the landlord his new address. The LL is not required to ask the tenant for his new address. Most states allow the landlord to send to the rental address and make it the responsibility of the tenant to have forwarded their mail.Quote:
Originally Posted by AK lawyer
Of course, until the OP returns and clarifies its all conjecture.
Are you suggesting the LL can say "the mail was returned with no forwarding address and, despite the fact that I knew exactly how to get ahold of the tenant, I didn't bother"? I think one would have to look at the language of the pertinent statute to reach this conclusion.Quote:
Originally Posted by ScottGem
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.Quote:
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.
Within fourteen 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 fourteen 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. No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises. The landlord complies with this section if the required statement or payment, or both, are deposited in the United States mail properly addressed with first-class postage prepaid within the fourteen days.
The notice shall be delivered to the tenant personally or by mail to his or her last known address. 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 fourteen 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 attorney's fee.
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 attorney's fees.
"Properly addressed" and "last known address" are the operative phrases. If LL has a good e-mail address, I would say that this is the "last known address". It seems clear to me that the address of the premises the tenant moved out of doesn't qualify as "last known address"; that would be absurd.
Actually, that's exactly what it means. It is the responsibility of the tenant to provide a forwarding address. If the tenant does not do so, then the landlord can use the last known address.
Now, if the LL used the rental property as the last known address he was following the letter of the law. However, if the landlord tried hiding behind this, the OP might be able to get past it if he can prove the LL knew how to contact him.
I don't track tenants down and NY doesn't require that I do so - I send the statement and deposit check to a new address (if I have one) or "my" address (his old address) and trust that the PO will forward it. If it does come back to me, I hold it as proof that I attempted to return the deposit. I find that tenants don't usually wait 3 years to get their deposit and then question whether they provided their address. I'm not so sure the landlord had the email and cell phone number - I certainly don't keep them once I've cut the deposit check.
In NY the "last known address" IS exactly that - the last known address. If that's all I have, that's all I have.
And I have found that any tenant who DOESN'T leave a forwarding address has a reason for not leaving one - usually because of something I find after they are gone.
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