Great-horned-owl_small
Reputation: 49

Can my old landlord withhold my deposit until I pay my closing utility bill (that is not yet due)?

Question that google isn't solving for me:

I moved out of my rental on the 31st and technically my deposit should be due to me by the 14th per WA state law. I received a final utility bill that is due the 23rd. I can't pay my bill until very close to the due date as that is when my payday is. My old landlord says she will not give me my deposit back until I furnish proof I have paid my utility bill. This puts the return of the deposit past the 14 days.

Is this legal in Washington?

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  • Ozomahtli_small
    Reputation: 2397

    Yes and no. Yes, because if you didn't pay the bill, then, as the property owner, the landlord is liable for the balance. But, no, because it's longer than 14 days.

    What your landlord should do is pay the utility bill out of your deposit, and then give you the remaining balance by the 14th. Problem solved, and everyone is happy. As the property owner, he/she has access to the utility account.

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6 Other Answers

  • Cat-duck-2_small
    Reputation: 1560

    Better folks to ask:

    http://www.tenantsunion.org/

    But, they do have a standard letter designed for precisely your situation:

    http://tenantsunion.org/rights/34/RequestforDepositReturn

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  • Greenman5_small
    Reputation: 758

    If you are billed directly by the utility (and not some mysterious 3rd party biller like Minol) it's my understanding, per talking to Seattle City Light Customer Service, that the landlord is not responsible for the charges accrued in your name - ever. The balance follows you to your new address/account. Landlords are afraid they will be charged that balance for some reason. They are only responsible after your account is terminated at that location for some reason (i.e. you move or I suppose, you don't pay your bill and they can't turn off your utilities for some reason).

    So no they don't have the right to withhold that amount until you pay your utility, but they often do. It has happened to me, too, and it just wasn't worth the bother to contest it.

    There really should be some sort of rating website for landlords/management companies or a better business bureau to resolve things without going to court... sigh... oh, well...

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  • Livi_small
    Reputation: 25

    Its not legal. They have 14 days to give you back your deposit. If they don't pay up w/in that 14 days - you can sue them in small claims court.

    If you did not end up paying your utility bill - Seattle public utils would come after YOU not the landlord.

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  • Min-wage_small
    Reputation: 1421

    I'm pretty sure it's illegal - your landlord is supposed to give you a written statement detailing what amounts they withheld and why - like you damaged the property in some way. This has to be postmarked by the 14th day after you move out. I've never had a landlord do that to me when I moved out, and it usually takes longer than 14 days after you move out to get the final bill and pay for it.

    Unless there was something in your lease or rental agreement that you signed before you moved in giving the landlord permission to withhold your deposit until you paid the final utility bills I think you are in the right. Unfortunately the onus is on you, the tenant, to take the landlord to court if you want any redress. If the landlord doesn't send you the deposit or anything in writing by the end of the 14 day period, you could take her to court and possibly get up to twice the amount of your deposit back. But that will take months!

    I think sending a letter to you landlord based on the one on the Tenant's Union website is a good idea, and specifically request under what statue she is requesting proof that you have paid your utility bills.

    For future reference, here is the Seattle Tenant Landlord Laws information sheet from the City of Seattle.

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  • Adorableblackkitty_small
    Reputation: 366

    Yes, it is legal. I'm a landlord and it happened to me last year that I thought it unfair to have the tenant wait to pay dangling bills and she wouldn't answer my later request for the balance when it became due. The
    only recourse I had, and your landlord would have, is to take someone to Small Claims Court to collect. In my case, it pissed me off but wasn't worth the time to pursue. But you can bet I won't 'be nice' again; it's good business, period.

    I feel pretty confident, though not certain, that another avenue is for you to call or go down to the utility office and transfer future debt to you in such a way that you, not she, is liable if the bill is not paid after you move out. Good luck to you.

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  • Sacri_ordines_by_charism_small
    Reputation: 3723

    Why not play fast and loose with "proof" then?:
    write a check for the utility for the amount owed, photocopy it, send her a copy as proof and demand your deposit. Don't actually mail the utility check yet of course, until your paycheck or your deposit come through. Problem solved?

    ...
    In Seattle, yes she can withhold your deposit, but she's supposed to write you something about why (not just "say" something like your post suggests).

    WHICH utility are we talking about?
    (Outside Seattle, various towns and counties have juristiction over the state in rental matters, and they certainly have different laws!, but the city laws aren't supposed to conflict with state, though.)

    I will say, the law never ever cares about about whether your check is going to bounce / when payday is (nearly every legal/money law in the state seemingly assumes we all have a few hundred bucks in our checking account and never get close to overdrafting... ugh. it sucks)

    Or was it the lovely trick where they lumped the various utilities under a business name and make you write a separate check at rent time? With that one, they always sneak some fine print into the lease and you're fucked. Nearly any property owned by Pinnacle does this.

    please review your lease: if you agreed to something non-standard (like more than 14 days), you may be on the hook for it regardless of the state legislators' intent.

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