HB 1074 Addressing Documentation And Processes Governing Landlords' Claims For Damage...

Posted By: Daniel Bannon 2023 Legislative Session,

HB 1074

Addressing documentation and processes governing landlords' claims for damage to residential premises.

A landlord may not withhold a deposit on account of wear resulting from ordinary use of the premises.  "Wear resulting from ordinary use of the premises" is defined as deterioration that results from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition.  Such wear does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, fixtures, equipment, appliances, or furnishings by the tenant, immediate family member, occupant, or guest.

The landlord must refund any deposit owed to the tenant, and provide documentation explaining the basis for retaining any of the deposit, within 30 days after the termination of the rental agreement or the landlord learns of the tenant's abandonment of the premises.  The landlord must also include copies of estimates received or invoices paid to reasonably substantiate damage charges.  If repairs are performed by the landlord or the landlord's employee, the landlord must provide a copy of the bill, invoice, or receipt and a statement of the time spent and the reasonable hourly rate charged.

A landlord may not withhold any portion of a tenant's deposit:

  • for wear resulting from ordinary use;
  • for carpet cleaning unless the landlord documents wear to the carpet that is beyond wear resulting from ordinary use of the premises;
  • for the costs of repair and replacement of fixtures, equipment, appliances, and furnishings if their condition was not reasonably documented in the written checklist supplied at the commencement of the tenancy; or
  • in excess of the cost of repair or replacement of the damaged portion in situations in which the premises are damaged in excess of wear resulting from ordinary use, but the damage does not encompass the entirety of the item.

Damages for wear resulting from ordinary use of the premises or not substantiated by documentation may not be:

  • charged to the tenant;
  • reported to any credit agency, tenant screening service, or prospective landlord; or
  • submitted for collection by any third-party agency.

Any action by the landlord to recover sums exceeding the amount of the damage deposit must be commenced within one year of the termination of the rental agreement or the tenant's abandonment of the premises.

The requirements for checklists and documentation do not apply to situations in the landlord withholds any portion of the security deposit for reasons unrelated to damages, such as for rent or other charges owed.

Bill Schedule

  • Dec 23 Prefiled for introduction.
  • Jan 9 First reading, referred to Housing. (View Original Bill)
  • Jan 12 Public hearing in the House Committee on Housing at 8:00 AM. (Committee Materials)
  • Jan 26 Scheduled for executive session in the House Committee on Housing at 8:00 AM (Subject to change). (Committee Materials)


Thai, Macri, Simmons, Ryu, Ramel, Peterson, Lekanoff, Alvarado, Pollet, Cortes, Gregerson, Kloba, Davis, Ormsby


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