Auburn Security Deposit Rules: What the Rental Housing Policy Adds to Washington Law
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A landlord in Auburn has to satisfy two sets of rules at once: the Washington statute, Wash. Rev. Code § 59.18.280, and the city's own Rental Housing Policy (ACC § 5.23.040). The state law sets the 30-day return deadline after termination of the tenancy and the tenant vacating; the local ordinance adds rules on deposit cap, paying the deposit in installments, receipt and itemization and rent-increase notice. Where the two overlap, the landlord has to meet the stricter one.
What the Rental Housing Policy adds
- Deposit cap: All amounts charged at move-in to obtain the unit, including the deposit, may not exceed one month's rent, with reasonable additional pet deposits allowed. (ACC 5.23.040.A.2)
- Paying the deposit in installments: Landlords must offer to let tenants pay deposits over six months, and on written request tenants may pay deposits, move-in fees and last month's rent in three installments (terms of three months or more) or two installments (month-to-month or two-month terms), without fees or interest. (ACC 5.23.040.A.2, B-D)
- Receipt and itemization: No deposit may be collected without a written agreement and signed move-in checklist, and the deposit must be placed in a trust account with a written receipt per RCW 59.18.270. (ACC 5.23.040.G-H)
- Rent-increase notice: A rent increase of more than five percent requires at least 120 days' notice; subsidized tenancies get 30 days. (ACC 5.23.040.A.1)
Who it covers: Residential rental units in Auburn covered by ACC 5.23; subsidized tenancies keep the 30-day state notice rule.
Worth knowing: Read from a 2023 archived copy of the city code (Ord. 6786, 2020); check for later amendments. Subsidized tenancies keep the state notice rule.
What Washington law already requires
- Return deadline: 30 days after termination of the tenancy and the tenant vacating.
- Detail: Changed from 21 to 30 days in 2023 (HB 1074). Deductions must be documented with invoices or estimates, and no wear-and-tear deductions are allowed without a signed move-in checklist.
- Itemized deductions: required in writing.
- Forwarding address: not a statutory condition of getting the deposit back.
- Penalty for wrongful withholding: Intentional refusal to return or itemize exposes the landlord to up to twice the deposit plus attorney's fees; missing the deadline forfeits the right to withhold.
- Small claims limit: $10,000.
- Statute: Wash. Rev. Code § 59.18.280.
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Using both rules together
- Read the lease for the deposit amount, the move-in date, and any clause that mentions the ordinance.
- Check the local rule first: deposit cap under ACC § 5.23.040, then paying the deposit in installments, receipt and itemization and rent-increase notice.
- Count the Washington deadline of 30 days from termination of the tenancy and the tenant vacating.
- A written demand that cites both Wash. Rev. Code § 59.18.280 and ACC § 5.23.040 carries more weight than one that cites either alone. Intentional refusal to return or itemize exposes the landlord to up to twice the deposit plus attorney's fees; missing the deadline forfeits the right to withhold.
Frequently Asked Questions
Q: Does Auburn require interest on security deposits?
A: The Rental Housing Policy does not add an interest rule, so Washington law governs. Wash. Rev. Code § 59.18.280 does not require interest on deposits.
Q: Is the Auburn deposit return deadline different from Washington law?
A: No. The Rental Housing Policy does not change the return deadline, so the Washington rule applies: 30 days after termination of the tenancy and the tenant vacating under Wash. Rev. Code § 59.18.280.
Q: Does the Rental Housing Policy apply to my unit?
A: Residential rental units in Auburn covered by ACC 5.23; subsidized tenancies keep the 30-day state notice rule. Check the section cited below for the full list of exemptions before relying on it.
Q: Can I sue my landlord in small claims court for my Washington deposit?
A: Yes. Washington small claims court hears claims up to $10,000, which covers most deposits plus the statutory penalty. A dated written demand that cites Wash. Rev. Code § 59.18.280 is the usual first exhibit.
Sources Checked
- ACC 5.23.040, Rental Housing Policy: code text, read 2026-09-20
- Wash. Rev. Code § 59.18.280 (the Washington statute cited above)
- LeaseLenses Washington deposit data set, last reviewed 2026-09-19; the same data powers the Washington demand letter tool
- Washington landlord-tenant overview and the Washington deposit rules page
This page is general legal information for Auburn, Washington, not legal advice. Local ordinances are amended more often than state statutes; read the current code text before relying on a figure in court.
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- Move-in condition, interest/account handling, and dispute wording
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