Tenants' rights - security deposits (rental, attorney, job transfer) - Seattle area - Washington (WA) -Seattle and King County Suburbs - City-Data Forum

Cooperster · 10-10-2011, 11:33 AM

Hi all,

I've been searching high and low to find the answer to this question, but to no avail.

Is it allowable for a lease to require that the tenant forfeit a security deposit if the tenant moves out during the term of the lease without the landlord’s agreement?

It would seem as though the landlord tenant act would not allow this (and this is supported by Solid Ground's web page [mod]link removed[/mod], but I have yet to find anything official that states whether this is or is not allowable.

Any information would be greatly appreciated!

Hemlock140 · 10-10-2011, 12:48 PM

It's allowable if stated in the lease. No one can answer this without seeing the lease itself. If you find your copy it will specify the conditions under which they can withhold the deposit.

Cooperster · 10-10-2011, 01:01 PM

Thanks, Hemlock140. Just to clarify, I'm not asking if the landlord can keep the deposit, I'm asking if it's legal/enforceable to have such a clause included in the lease. It sounds like you're saying, "Yes, it is legal to include such a clause."

B_and_S_going_to_WA · 10-10-2011, 01:31 PM

You should probably consult an attorney personally, the advice of anyone on a random forum on the internet isn't really reliable even if they claim they are 100% certain.

Ira500 · 10-10-2011, 01:37 PM

I believe it's legal for a landlord to require a tenant to forfeit his security deposit if the tenant moves out during the term of the lease because when you sign a lease, you are agreeing to pay that monthly rent for the entire term of the lease, even if you move out. So if you rent a place for a year and move out after six months, technically you still owe the monthly rent for the next six months. Keeping the security deposit is ensuring that the landlord gets at least some of that "unpaid" rent. A lot of landlords aren't going to be pricks about it and will return your deposit or only hold you liable only for the amount of time the place is vacant, but by breaking the lease, unless the lease says otherwise, you're liable for all the rent due until the lease expires, so any rent until the lease expires after you move out is considered unpaid rent, and landlords can keep security deposits for unpaid rent. Sucks, but probably legal.

Freebird2007 · 10-11-2011, 01:25 PM

I always thought the security deposit was ONLY for damages/cleaning for the rental unit and could not be applied to lost rent.

That's why some landlords ask for last month's rent. If you break lease early, they get to keep it. Of course, I believe contractually, the landlord has the right to take you to court for the remainder of the months left on your rental CONTRACT.

MrRational · 10-11-2011, 02:44 PM

I'm not gonna do the research but here's a start: Chapter 59.18 RCW: Residential landlord-tenant act

I'll suggest that the reference is about having fairly common early termination fee that a LL may be owed be taken out of the SD without additional court process by them.

Freebird2007 · 10-11-2011, 04:49 PM

pretty much you are not gonna get SD back if you break lease early....sorry

borgia · 10-12-2011, 08:41 AM

I am in a similar situation in that I would like to break my lease. I am pretty sure that the landlord can keep all of your security deposit and sue you for lost rents, legal fees and the costs of collection should you break your lease without an agreement with the landlord. I don't think they can collect rents due under the lease and collect rent from another tenant for the same months so if it is leased quickly you would be liable for less monies however should it take a while to lease you would be liable for loss of rent at least those months that you were contractually obligated to pay. My landlord was not open to a lease buy out or to me finding a new tenant so I am stuck for now. Have you spoken to your landlord about those possibilities?

nfdsouza2001 · 10-16-2011, 01:43 AM

Quote:

Originally Posted by Ira500

I believe it's legal for a landlord to require a tenant to forfeit his security deposit if the tenant moves out during the term of the lease because when you sign a lease, you are agreeing to pay that monthly rent for the entire term of the lease, even if you move out. So if you rent a place for a year and move out after six months, technically you still owe the monthly rent for the next six months. Keeping the security deposit is ensuring that the landlord gets at least some of that "unpaid" rent. A lot of landlords aren't going to be pricks about it and will return your deposit or only hold you liable only for the amount of time the place is vacant, but by breaking the lease, unless the lease says otherwise, you're liable for all the rent due until the lease expires, so any rent until the lease expires after you move out is considered unpaid rent, and landlords can keep security deposits for unpaid rent. Sucks, but probably legal.

I second Ira on the Security deposit. I have faciltated a few leases lately. The language allows the landlord to hold the tenant liable for the entire lease period unless the landlord can find another tenant. In which case the tenant is liable for the cost of securing another tenant. The security deposit can also be kept by the landlord. There are certain exceptions like a job transfer or extenuating circumstances.Hope this helps.