Seattle security deposit rules

Caps and fees

The security deposit plus non-refundable move-in fees together may not exceed the first full month's rent (pro-rated monthly if rent is not paid monthly).

“After January 15, 2017, the total amount of a security deposit and nonrefundable move-in fees may not exceed the amount of the first full month's rent for the tenant's dwelling unit.”
Seattle Mun. Code § 7.24.035.A

Non-refundable move-in fees may not exceed 10% of the first full month's rent, except that screening-report cost above 10% may be included up to customary Seattle screening costs.

“The total amount of non-refundable move-in fees may not exceed ten percent of the first full month's rent, except that if the cost of a tenant screening report exceeds ten percent of the first full month's rent, the amount in excess of ten percent may be included in the non-refundable fee”
Seattle Mun. Code § 7.24.035.B.4

Apart from non-refundable move-in fees, security deposits, pet deposits and last month's rent, landlords may not charge any other one-time fee at the start of a tenancy.

“Other than non-refundable move-in fees, security deposits, pet security deposits, and last month's rent, landlords are prohibited from charging tenants any one-time fee at the beginning of the tenancy.”
Seattle Mun. Code § 7.24.035.B.1

If the tenant paid a non-refundable cleaning fee at move-in, the landlord may not deduct additional cleaning fees from the deposit.

“If the tenant has paid a non-refundable move-in fee for cleaning, the landlord may not deduct additional cleaning fees from the tenant's security deposit.”
Seattle Mun. Code § 7.24.035.B.3

Tenants may pay the deposit and move-in fees in installments (six monthly for 6+ month terms, up to four for 30 days–6 months, two for month-to-month) without any added fee or interest, unless the total is 25% of a month's rent or less and no last month's rent is required.

“Except as provided in subsection 7.24.035.C.4, tenants may pay security deposits and non-refundable move-in fees in installments as provided below. Landlords may not impose any fee, charge any interest, or otherwise impose a cost on a tenant because a tenant elects to pay in installments.”
Seattle Mun. Code § 7.24.035.C

For a tenancy of six months or longer, a tenant may pay last month's rent in six equal monthly installments from the start of the tenancy (four for 60 days–6 months), without added cost.

“For any rental agreement term that establishes a tenancy for six months or longer, the tenant may elect to pay the last month's rent in six consecutive, equal monthly installments that begin at the inception of the tenancy”
Seattle Mun. Code § 7.24.036

A pet damage deposit may not exceed 25% of the first full month's rent, may not be required for an assistance animal, may be paid in three monthly installments, and no other pet fee may be charged.

“the landlord may require payment of a pet damage deposit provided that the total amount of the pet damage deposit may not exceed 25 percent of the first full month's rent, regardless of the time when the pet damage deposit is paid.”
Seattle Mun. Code § 7.24.038

Where the money is held

No deposit may be collected unless the rental agreement is written and a signed move-in condition checklist is provided, and deposits must be held in a trust account with written notice of the depository, per RCW 59.18.260/.270.

“A landlord must place any required security deposit in a trust account and provide a written receipt and notice of the name, address, and location of the depository and any subsequent change thereof to the tenant, in compliance with the requirements of RCW 59.18.270.”
Seattle Mun. Code § 7.24.035.E–F

Getting it back

Return or retention of the deposit must comply with RCW 59.18.280 (Seattle adds no separate deadline).

“Return or retention of security deposits. The return or retention of a security deposit, or portion thereof, must comply with the requirements of RCW 59.18.280. The Director may establish by rule procedures for enforcement of the requirements of RCW 59.18.280.”
Seattle Mun. Code § 7.24.035.D

If the landlord breaks the rules

A landlord who attempts to enforce lease terms violating these deposit/fee rules is liable for actual damages, double any City penalties, double any deposit unlawfully charged or withheld, and attorney fees; including prohibited terms in a new or renewed lease carries liability up to $3,000 plus fees.

“the landlord shall be liable to the tenant for: 1) any actual damages incurred by the tenant as a result of the landlord's attempted enforcement; 2) double the amount of any penalties imposed by the City; 3) double the amount of any security deposit unlawfully charged or withheld by the landlord; and 4) reasonable attorney fees and costs.”
Seattle Mun. Code § 7.24.060.A

Who is covered

Section 7.24.035 does not apply to a tenant renting a unit in a single-family residence that is the owner's principal residence.

“This Section 7.24.035 does not apply to a tenant who rents a housing unit in a single-family residence if the residence is the principal residence of the owner of the residence.”
Seattle Mun. Code § 7.24.035.H

The Washington rule underneath

The full state rule, with the statute quoted: Washington security deposit law. Where the city rule is stricter, the stricter rule applies to a unit in Seattle.

What to do

1. Keep your lease, the deposit receipt and any move-in checklist — several of these rules depend on them.
2. Photograph the unit when you move in and when you move out.
3. Give your landlord a forwarding address in writing when you leave.
4. If the deadline passes, send a written demand citing the rule above before going to small claims court.