Burien Security Deposit Rules: What the Rental Housing Policy Adds to Washington Law

A landlord in Burien 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 (BMC § 5.63.040). 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 and receipt and itemization. Where the two overlap, the landlord has to meet the stricter one.

What the Rental Housing Policy adds

• Deposit cap: The sum of security deposits, non-refundable move-in fees and last month's rent may not exceed one month's rent, except in income-based subsidized housing (not Section 8 vouchers). (BMC 5.63.040)
• Paying the deposit in installments: On written request tenants may pay deposits, move-in fees and last month's rent in six installments for terms of six months or more, or two installments for shorter or month-to-month terms, with no fee or interest. (BMC 5.63.040)
• Receipt and itemization: No deposit may be collected without a written agreement and signed condition checklist, and deposits must be held in a trust account with a written receipt per RCW 59.18.270. (BMC 5.63.040(6)-(7))

Who it covers: Residential tenancies in Burien; installments are not available when total deposit and move-in fees are 25 percent or less of first month's rent and no last month's rent is required.
Worth knowing: Installments are not available when the deposit and move-in fees together are 25 percent or less of the first month's rent and no last month's rent is charged. Burien repealed its own rent-increase notice section (Ord. 871), so state law governs notice. Penalties are $500 for a first violation and $1,000 after that (BMC 5.63.140).

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.

Using both rules together

1. Read the lease for the deposit amount, the move-in date, and any clause that mentions the ordinance.
2. Check the local rule first: deposit cap under BMC § 5.63.040, then paying the deposit in installments and receipt and itemization.
3. Count the Washington deadline of 30 days from termination of the tenancy and the tenant vacating.
4. A written demand that cites both Wash. Rev. Code § 59.18.280 and BMC § 5.63.040 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 Burien 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 Burien 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 tenancies in Burien; installments are not available when total deposit and move-in fees are 25 percent or less of first month's rent and no last month's rent is required. 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

• BMC 5.63.040, 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 Burien, 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.