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Old 05-19-2016, 08:48 PM
 
2 posts, read 816 times
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A little run down before of my situation, I have been renting in my current apartment since june 1st 2015 i have never signed a lease. In the lease handed to me a few months ago it states a $750 deposit but also in a different part of the lease states a $400 nonrefundable fee must be paid prior to occupancy. last sentance says lessor will not return this nonrefundable fee under any conditions. So my questions is that i never signed this lease did i ever agree to this nonrefundable fee? The only documentation i have of this deposit is a transfer copy of a check with the total of 2 days prorate, junes rent, and deposit.

This is what i have found so far.
RCW 59.18.260: Moneys paid as deposit or security for performance by tenant
RCW 59.18.280: Moneys paid as deposit or security for performance by tenant
RCW 59.18.285: Nonrefundable fees not to be designated as deposit

If i clean this house spotless and i know nothing is severely damaged, i take photos of the place right before i lock the doors should i receive all of my deposit back?
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Old 05-19-2016, 10:06 PM
 
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You are talking 2 different things. Sec dep and fees.

Did you pay a $750 sec dep and also a separate $400 fee? If you only paid the sec dep then I doubt, based on the law in your links, that the LL can deduct that fee from your sec dep. Sec deps can only be designated or used for specific deductions. They should have collected that $400 separately. I know the WA law states that there are no limits on non-refundable fees as long as they are reasonable but I would think they would have to tell you what the fee is specifically for.

As far as I am aware, if you didn't sign the (or a) lease then there is no contract other than a verbal one and everything resorts to your state's rental laws. Otherwise they could just make rules up as they go along if no signed lease and that would not be enforceable.

That is just my opinion and not a 'legal' one and no one here can give you legal advice. Because you have multiple issues I suggest you call the WA Tenant's Union info that is provided in the links you posted and ask them all of your questions to make sure you do everything according to the law.
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