Can a WA state landlord spend the last month's deposit? Isn't it supposed to go into an escrow account with the deposit?

Asked about 1 year ago - Vancouver, WA

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Looking at renting a new house I recently asked to have the last month's rent prorated over the term of the first 12 months. The response was "we were hoping to go pay for some things that we need..." Isn't the deposit and last month's rent supposed to go into an escrow account?

Attorney answers (1)

  1. Contributor Level 20

    Answered April 30, 2012 17:43. The landlord cannot spend the deposit or the last month's rent until it is earned. The trade-off is they get to keep the interest they earn on the funds, even though that isn't as generous as it used to be.

    Rent is distinguishable from deposit money; the presumption is they are going to get the rent, but the deposit is yours unless or until they prove they get to keep it.

    I'm with Mr. Nguyen on this one; your landlord will never be on better behavior than they are now. I'd strongly consider not renting this property. Hope this helps. Elizabeth Powell

    Using Avvo does not form an attorney client relationship.

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