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Washington · RCW 59.18Washington tenant security deposits when a rental property is sold

Washington law spells out what happens to tenants' deposits when a landlord sells. Under RCW 59.18.270, deposits must be held in a trust account for tenants' deposits at a financial institution or licensed escrow agent located in Washington; the tenant gets a written receipt and written notice of the depository's name and address. If the status of landlord is transferred during a tenancy, the sums in the deposit trust account affected by the transfer must simultaneously be transferred to an equivalent trust account of the successor landlord, and the successor must promptly notify the tenant of the transfer and of the new depository's name, address and location. In a foreclosure, an owner who neither transfers the deposit to the successor nor refunds it immediately can owe up to twice the deposit. Tenants' claims to the deposit come before the landlord's creditors, even a bankruptcy trustee, and even if the money was commingled. The rules the buyer inherits: a deposit can be collected only with a written rental agreement stating when it can be withheld and a signed, dated move-in checklist of the unit's condition; nothing may be withheld for ordinary wear (RCW 59.18.260). Within 30 days after the agreement ends and the tenant moves out, the landlord must give a full and specific statement of any deductions with estimates or invoices, plus any refund; missing the deadline makes the landlord liable for the full deposit, and a court may award up to twice the deposit for intentional refusal (RCW 59.18.280).

On the sale (RCW 59.18.270)

  1. 1. Same-time transfer

    Deposits move to an equivalent trust account of the buyer when landlord status transfers.

  2. 2. Tenant notice

    The buyer promptly notifies each tenant of the transfer and the new depository.

  3. 3. Trust account

    At a Washington financial institution or licensed escrow agent.

  4. 4. Priority

    Tenants come before the landlord's creditors.

What the buyer takes on

  • Written rental agreements and signed move-in checklists – no checklist, no deposit (RCW 59.18.260).
  • No deductions for ordinary wear.
  • Statement with documentation and refund within 30 days after move-out (RCW 59.18.280).
  • Late statement: liable for the full deposit; intentional refusal: up to double.

What the TC can do

  • Get every lease, the move-in checklists and a deposit list per tenant from the seller early.
  • Ask escrow how the deposits will move to the buyer's trust account at closing.
  • Remind the buyer to send each tenant the transfer and new depository notice.

Questions about Washington deposits on a sale

What happens to tenant deposits when a Washington rental is sold?

They're transferred at the same time to an equivalent trust account of the new landlord, who must promptly notify the tenant of the transfer and the new depository (RCW 59.18.270).

How long does a Washington landlord have to return a deposit?

30 days after the rental agreement ends and the tenant vacates, with a full and specific statement of any deductions and supporting documents (RCW 59.18.280).

Can a Washington landlord keep a deposit without a move-in checklist?

No. A deposit can't be collected without a written agreement and a signed move-in checklist; collecting one without the checklist makes the landlord liable for the deposit (RCW 59.18.260).

Add the leases, checklists and deposit list as documents on the deal in ClosingCode, so the transfer is tracked until closing.

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Source: Revised Code of Washington 59.18.260, 59.18.270 and 59.18.280 (app.leg.wa.gov, read October 26, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or escrow company. This guide is not a substitute for the advice or services of an attorney.