How to Perform a Residential Property Move-Out in Washington State

Performing a move-out for a residential property in Washington state can be challenging. It is easy to overlook important details or make small mistakes that can lead to disputes and big headaches. In Washington, the key laws governing this process are RCW 59.18.280, House Bill 1074 (effective July 23, 2023), which updated RCW 59.18.280, and the court case Goodeill v. Madison Real Estate, which helped clarify some of the more ambiguous language in the law. If you are feeling uncertain about any aspect of the move-out process, read those to have a more complete picture. 

The Basic Process 

The move-out process generally follows this sequence: 

1. Tenant Gives Notice: The tenant informs the landlord of their intention to move out. 
   
   
2. Landlord Provides Vacating Instructions: The landlord sends the tenant a set of instructions on how to properly vacate the property, including cleaning requirements and any other obligations. 
   
   
3. Tenant Vacates: The tenant moves out of the property, performing the vacating instructions. 
   
   
4. Landlord Conducts a Move-Out Inspection: The landlord inspects the property, comparing its current condition to the move-in inspection report to identify any damages beyond normal wear resulting from ordinary use of the premises. 
   
   
5. Landlord turns the Unit: The landlord addresses any repairs to prepare the unit for the next tenant.
    
6. Landlord Charges for Damages and Returns the Security Deposit: The landlord deducts the cost of repairs from the tenant’s security deposit, if applicable, and returns any remaining balance to the tenant. 

What Makes It Complicated 

Understanding what a tenant is responsible for can be tricky. According to the law, a tenant cannot be charged for "wear resulting from ordinary use of the premises." For example, the law specifically mentions that standard carpet cleaning, which is a typical result of normal use, cannot be charged to the tenant unless the wear goes beyond what is considered normal. 

Another important factor to consider is the expected life of an item. Landlords should consider the item's age when determining what constitutes normal wear and tear. For instance, carpets generally have a lifespan of 5-7 years. If a carpet is already 7 years old at the time the tenant moves out, the tenant should not be charged for any damage to the carpet because it would need to be replaced anyway. The U.S. Department of Housing and Urban Development (HUD) offers guidelines on the useful life of various items, which can be a valuable reference in these situations. 

Additionally, complications arise when only part of a property is damaged. The law stipulates that the tenant is only responsible for repairing the specific area they damaged. For example, if a tenant damages one wall and the wall requires repainting, the landlord cannot charge the tenant for repainting the entire room, even if matching paint cannot be found. The tenant can only be charged for repairing and repainting the part of the wall they damaged. 

The landlord cannot charge a tenant for any damages that were not documented in the initial move-in inspection. If the landlord does not have a move-in inspection report signed by the tenant, they cannot charge the tenant for any damages at all. 

The Disposition 

Washington state law requires landlords to provide a "full and specific statement" detailing why certain charges were made against the tenant’s security deposit. The court case Goodeill v. Madison Real Estate emphasized the importance of being specific. Landlords must attach invoices and estimates to the move-out report that detail each of the charges. 

If a tenant is only responsible for a portion of an invoice (e.g., a tenant’s dog soiled the carpet, and the tenant is only charged for odor removal but not general carpet cleaning), the landlord must clearly explain how the costs were divided. This statement, along with any remaining security deposit refund, must be sent to the tenant within 30 days. 

If the landlord is unable to obtain all final costs within that 30-day window, they can send a preliminary disposition. This preliminary statement should include estimates, explanations of how those estimates were determined, and why the final invoice could not be obtained in time. It is important that this explanation shows the landlord did everything within their power to obtain the final invoice promptly. 

Conclusion

The golden rule for landlords in Washington state is to be as specific as possible in the move-in and move-out inspection reports and dispositions. Vague documentation can lead to disputes and potentially expose you to lawsuits. By ensuring that all aspects of the process are clearly documented and justified, you can avoid the most common issues and ensure a smooth transition for both you and your tenant. 

All this said, please remember the information provided here is intended for general guidance, it is not intended to be legal advice. If you have specific questions or concerns about your situation, it’s always a good idea to seek legal advice from a lawyer or your legal counsel. They can provide you with advice tailored to your unique circumstances and help you navigate any complexities that may arise.